| Abstract [eng] |
It seems noticeable that business is getting more aggressive, as entrepreneurs tend to solve inner or external conflicts with competitors through criminal proceedings as an extreme measure. Therefore, the legal framework governing the illegal pursuit of an economic, commercial, financial or professional activity has to be clear. However, the practice of the Courts and the scientific work of the representatives of the criminal law doctrine allow to raise serious doubts about the existing legal regulation clarity of illegal economic activity. Therefore, the purpose of this Master's thesis is to identify, highlight and evaluate theoretical and practical problems related to the economic, commercial, financial or professional composition of the business. In this context, this work consists of four parts: the first part analyzes the principle of economic freedom, the content of different types of economic activities and concepts, historical development of legal regulation and the illegal development of economic, commercial, financial or professional activities, legal framework of foreign illegal economic activities and the content of the concept of prohibited economic activity. The second part of this thesis analyzes the target and subject of illegal economic activity and the issues of prohibited economic activity. The third part analyzed the objective side of the criminal activity. In the fourth part - the subject of the offense and the subjective side of the offense. After a thorough analysis, it has been noticed that changes are required to the existing legal regulation for illegal commercial, financial or professional business activities. The first change related to the regulation of the second part of the Article 202 of the Criminal Law, as the content of the prohibition on economic, financial, commercial or professional activity is not properly defined, which makes this provision virtually inapplicable. The second relates to the title and part 1 of Article 202 of the Criminal Code, since the content of all types of distinguished economic activities can be defined by the term 'business'. |
