Insider trading in the global economic environment: elements of criminal liability

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International Journal of Management (IJM)
The article addresses emerging issues of criminal liability for insider trading within the global economic environment. Based on comparative analyses of Ukrainian and American approaches toward understanding the nature and negative consequences of nsider trading for the national stock markets, key research pragmatic conclusions are formulated. A general conclusion elaborates on the idea that the level of effectiveness of criminal law protection of Ukrainian stock market not at least depends on the textual quality of the insider trading provision of the Criminal Code of Ukraine (Art. 232-1), which describes key elements of the offense and also connects the Criminal Code norm with the regulatory framework on stock market operation. Analysis of American, Ukrainian and, to a lesser extent, other European experience in combating insider abuse suggests that improvement of the national stock market legislation should be exercised in different directions, among which: increasing transparency in the activities and management of joint stock companies; tightening requirements for reporting and disclosure for business entities, whose shares and other securities circulatt on stock market; providing investors with unimpeded access todocuments and information about large shareholders; increased attention to transactions with the company’s shares carried out by its employees; prohibition on combining auditing and consulting functions within one company, etc. Such measures should not excessively intersect the realm of criminal law relations, otherwise this might lead to the collapse of the stock market protection framework.
Ключові слова
insider trading, white collar crime, Criminal Code of Ukraine, stock index, stock exchange, securities, insider information
Бібліографічний опис
Kamensky, D. V., Dudorov, O. O., Movchan, R. O., Vozniuk, A. A., & Makarenko, T. P. (2020). Insider trading in the global economic environment: elements of criminal liability. International Journal of Management (IJM). Volume 11, Issue 12, р. 1679-1688.