| Abstract [eng] |
Although the legislator's prerogative is to ensure clear and unambiguous regulation, the specifics of unauthorised engagement in economic activities raise fundamental qualification questions for the courts. Article 202 of the Criminal Code, which is the object of the master's thesis, is studied as a whole, so the master's thesis presents a complex analysis of the qualification of this article. It is noticeable that the Lithuanian courts face three fundamental qualification problems when examining cases related to the unauthorised engagement in Economic, Commercial, Financial or Professional activities. The first of these is directly related to the identification and interpretation of the necessary elements of entrepreneurial activity and large scale. The second one is related to the relationship between the first and second parts of Article 202 of the Criminal Code, which is determined by the issues of illegality and prohibition concepts. The third qualification problem of Article 202 of the Criminal Code is closely related to the separation of this criminal offence from other similar criminal offences. According to this, the tasks of the master’s thesis are implemented through four structural parts of the work: the first part of the work analyzes the concept and regulation of economic crimes, the second part reveals the elements of this criminal offence, the third part examines qualification issues in courts, and the fourth part discusses the relationship between criminal and administrative liability regarding this violation. After conducting a detailed analysis, conclusions are presented regarding the essential criteria that courts should consider when qualifying offence under Article 202 of the Criminal Code. The master's thesis also contains a proposal for improving the regulation of Article 202(1) of the Criminal Code, which is associated with the logical construction of the article in question. In addition, the author of the master's thesis reveals a new approach to the assessment of prohibition, which enables a broader interpretation of Article 202(2) of the Criminal Code and confirms the applicability of this norm. |
