ПРЕДЕЛЫ ПРЕЮДИЦИИ В УГОЛОВНОМ ПРОЦЕССЕ: ПРОБЛЕМЫ ПРИМЕНЕНИЯ К ЮРИДИЧЕСКИМ ЛИЦАМ / THE LIMITS OF PREJUDICE IN CRIMINAL PROCEEDINGS: ISSUES OF APPLICATION TO LEGAL ENTITIES

The article examines the institution of prejudice (preclusion) in criminal proceedings, with a particular focus on its application in cases involving the criminal liability of legal entities. The author analyzes the historical, comparative-legal, and doctrinal aspects of prejudice, highlighting its importance for procedural efficiency, legal certainty, and the uniformity of judicial practice. Special attention is paid to the conflicts arising between the principle of binding judicial acts and the principle of free evaluation of evidence. Based on the analysis of the legislation of the Republic of Armenia, the case law of the Cassation and Constitutional Courts, as well as international standards (in particular, the 2005 UN Convention against Corruption and the practice of the European Court of Human Rights), the author concludes that facts established in cases against natural persons cannot automatically have preclusive effect in criminal proceedings against legal entities. The article emphasizes the necessity of independently establishing the elements of a crime with respect to organizations, which is determined by the differing aims and subject matter of proof concerning natural and legal persons. Considering the fact that the institution of criminal liability of legal entities as prescribed by the Criminal Code of the Republic of Armenia, adopted on May 5, 2021 and entered into force on July 1, 2022, has not yet become the subject of a comprehensive study and practical application, and numerous questions on the topic require clarification, it can be stated that the chosen topic remains relevant.