Генеза кримінальної відповідальності службової особи юридичної особи за корупційні злочини

The article provides a historical and legal analysis of the criminal liability of officials of legal entities. The author examines various approaches to defining the concept of an official and investigates the evolution of Ukrainian legislation. It is established that the genesis of the subject matter is a complex process involving stages of gradual rethinking of the role of legal entities in committing criminal offenses and introducing effective criminal-legal response mechanisms. Historical stages in the formation of the legal status of an official are analyzed. A thorough theoretical analysis of the concept of «official of a public law legal entity» has been conducted, illustrating the development of relevant provisions in the Criminal Code of Ukraine and anti-corruption legislation. Particular attention is paid to introducing criminal liability of legal entities and the role of their officials as bearers of criminal-legal risk. A critical analysis of current legislation is conducted, highlighting a number of theoretical and practical problems, notably the absence of a uniform definition of an official in the context of a legal entity, complicating law enforcement practices. The influence of international anti-corruption norms and standards on shaping domestic criminal law is also examined. It is emphasized that a significant milestone was the adoption of the Law of Ukraine «On Prevention of Corruption» in 2014, as well as amendments to the Criminal Code of Ukraine, which introduced special norms addressing liability for crimes related to official activities and professional activities associated with the provision of public services. Special attention is given to the development of the concept of «legal liability of legal entities,» embodied in corresponding criminal norms, which allow holding accountable not only specific individuals but also the organization itself for the actions of its authorized representatives. Thus, the analysis of the genesis of criminal liability for corruption crimes committed by officials of legal entities allows for a deeper understanding of the nature of this legal institution, tracing the evolution of regulatory approaches, and identifying prospects for improving legislative and law enforcement practices in this area.