Сomparative legal analysis of credit and financial criminal offenses according to the criminal legislation of Ukraine and foreign countries

Abstract

In the article the question of credit-financial criminal offences is investigational on the criminal legislation of Ukraine and the comparative analysis of credit-financial criminal offences is conducted that is accomplished in the foreign states and responsibility for their feasance.

A problem of adaptation of home criminal legislation of Ukraine is to the legislation of countries of Європи in the sphere of prevention of criminal offences that trench upon credit relations at scientific level exactly were not illuminated. In the article the analysis of the articles of the Criminal(Criminal) codes of some countries of Європейського Union (Denmark, Germany, Austria, Poland, Spain, Switzerland) and also other states is conducted from КК of Ukraine, accordingly that the envisaged responsibility for crimes perfect in the field of credit-financial.

An estimation and analysis of modern credit-financial sphere of Ukraine testify however, that the basic lacks of operating КFS are: absence of transparent, healthy, and the civilized competition; the monopoly of National Bank of Ukraine puts in order bank activity from one side, and from other – restrains development; on the estimations of International Monetary Fund КФС Ukraine is weak enough, uncompetitive, criminal; there is considerable centralization of management of КFS; a situation that was created in КFS of Ukraine needs development of the system of prevention of crimes and protecting from criminal trespasses, including by кримінально-правовими facilities.

Drawn conclusion about the necessity of improvement of separate norms of Special part of  КК of Ukraine for that the envisaged responsibility for criminal offences against credit-financial relations. In fact in the conditions of excrescence of shadow economy, distribution of the organized crime, acquisition by such crimes of international character, corresponding systematization of criminal legislation matters very much. Obviously, it costs completer to take into account international experience, carry out the row of scientific developments in relation to криміналізації and decriminalization of separate abuses that trench upon the system of credit relations.