RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF UKRAINE

of April 25, 2003 No. 3

About practice of application by courts of the legislation on responsibility for separate crimes in the field of economic activity

Having discussed practice of consideration by courts of cases on separate crimes in the field of economic activity, the Plenum of the Supreme Court of Ukraine specifies that courts generally truly apply the current legislation, however sometimes make mistakes that is caused by lack of single approaches to dissociation of crimes of this type from adjacent crimes and administrative offenses, similar on content.

For the purpose of identical and correct application of the legislation on responsibility for separate crimes in the field of economic activity the Plenum of the Supreme Court of Ukraine DECIDES:

1. Draw the attention of courts that possibility of approach of criminal liability for the crimes provided by Articles 202 - 205, 222 Criminal codes of Ukraine (further - UK), are additional guarantee of activities of the state in the field of legal regulation of the economic relations and protection of constitutional rights of persons which are engaged in economic activity, and means of assistance of stabilization of national economy.

2. Courts during hearing of cases about economic crimes shall find out carefully in what value in the relevant articles of the Criminal Code the terms "business activities" and "business activity" and derivative of them - "business entity" and "the subject of business activity" are applied, "citizen", "citizen entrepreneur" and "founder", "owner" or "official" of the subject of economic or business activity and so forth as permission of question of availability or lack of signs of actus reus depends on the correct understanding of value of these terms in specific articles of the Criminal Code.

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