scholarly journals Crimes in the Economic Sphere Related to the Illegal Formation of a Legal Entity through Dummies, as well as the Illegal Use of Documents

2021 ◽  
Vol 2 ◽  
pp. 39-43
Author(s):  
Vasily D. Larichev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Legal Entity ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Financial Transactions

The article reveals the issues of creating fictitious organizations through which various banking and financial transactions are subsequently carried out. Schemes of committing crimes classified under Articles 170.1, 173.1, 173.2 of the Criminal Code of the Russian Federation are given, statistics on the commission of these crimes are given, recommendations are given on their differentiation.

ECONOMIC CRIME IN RUSSIA: MAIN TRENDS AND FACTORS

2020 ◽  
Vol 10 (8) ◽  
pp. 1726-1740
Author(s):  
E.G. Moskaleva ◽  
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Criminal Code ◽  
Economic Crime ◽  
Modern World ◽  
Russian Economy ◽  
Irreparable Harm ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Crimes

The article presents the results of studying the level of crime in the economic sphere in the country on the basis of official statistical information from Rosstat and the General Prosecutor’s Office of the Russian Federation. Economic crimes are difficult enough to detect, and the scale of latent economic crime is very large. In addition, the complexity of research in this area is due to the lack of precisely defined and unambiguously interpreted terms: “crimes in economic sphere”, “economic crimes”, “crime in economic field” or “crimes in the field of economic activity”. Summarizing the experience of theoretical and empirical research in this area, the author identifies three approaches to the interpretation of the concept of “economic crime”: legislative (based on the provisions of the Criminal Code of the Russian Federation), departmental and research. The consequences of economic crimes inflict irreparable harm on economic entities, society, the state as a whole, and undermine national security. The systematization of statistical data and the research carried out over a long period of time made it possible to identify the main trends in the situation from the standpoint of criminalization and decriminalization of the Russian economy, as well as to identify regions with an increased level of economic crime. The criminological analysis of crime in the sphere of economic activity has shown that there is an increase in negative trends, and with the development of the economy, it is necessary to strengthen activities to suppress economic crime. The statistical analysis of empirical data and monographic analysis made it possible to determine the most effective, in the author’s opinion, directions of combating economic crime in the modern world.

Distinctive Features of the Object of Smuggling of Strategically Important Goods and Resources

2021 ◽  
pp. 225-230
Author(s):  
Vladislava K. Zaigraeva ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Public Security ◽  
International Treaties ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Union

The aim of the study is to consider issues related to the definition of public danger and the object of smuggling of strategically important goods and resources as a crime under Article 226.1 of the Criminal Code of the Russian Federation, as well as the positions of individual researchers on these issues. The methodological basis of the research was formed by the general scientific theory of knowledge; the method of comparative analysis and the logical-legal method of cognition were also used. The latter was used for a more accurate understanding of the norms of Russian criminal legislation, their analysis, as well as for the interpretation of the main provisions reflected in the legal literature. As a result, the author questions the correctness of the placement of the smuggling of strategically important goods and resources in Chapter 24, Crimes Against Public Security, of Section IX, Crimes Against Public Security and Public Order: in cases of smuggling of strategically important goods and resources, the procedure for movement established in the international treaties and legislation of the Russian Federation always suffers directly, while, taking into account the possibility of further distribution of smuggled objects in the event of an untimely suppression of these objects' illegal movement, public security is only endangered but does not suffer directly. The legislator establishes the qualification of smuggling of strategically important goods and resources in large volumes as exceeding one million rubles, which confirms that the public danger of this crime is determined by economic indicators. The author proves that smuggling of strategically important goods and resources harms public relations in the economic sphere rather than public relations that ensure public security. The conclusion is formulated that the totality of social relations that ensure the normal functioning and development of the economy should be considered as the main generic object of this crime. The direct object of smuggling of strategically important goods and resources is the procedure established by the international treaties and legislation of the Russian Federation for moving strategically important goods and resources through the customs border of the Eurasian Economic Union or the state border of the Russian Federation with the member states of the Eurasian Economic Union. Criminal liability for smuggling of strategically important goods and resources is proposed to be provided for in a separate article, which should be placed in Section VIII, Crimes in the Economic Sphere, of the Criminal Code of the Russian Federation.

scholarly journals The Involvement of a Legal Entity in a Criminal Case

Russian judge ◽  
2020 ◽  
Vol 12 ◽  
pp. 25-29
Author(s):  
Vladimir Yu. Stelmakh ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Criminal Case ◽  
Legal Person ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Governing Body ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Main Representative

The article analyzes problematic aspects of representation of a legal entity in criminal proceedings. Representatives of a legal person may be all persons listed in the criminal procedure law, but the main representative is a member of the governing body, and the remaining persons are appointed by this body and are additional. Some decisions (for example, an application to initiate criminal proceedings on crimes listed in chapter 23 of the Criminal Code of the Russian Federation) are entitled to be submitted by the governing body as such, and not by its individual members. A distinction is made between the representation of a legal entity in unitary enterprises and joint-stock companies. The possibility of participation of representatives of the owner of a unitary enterprise as a representative of the victim is justified in cases where the director of the enterprise unsatisfactorily performs duties in criminal proceedings or is suspected of committing a crime.

THE ORGANIZATIONAL STRUCTURE OF A LEGITIMATE COMPANY CANNOT BE A SIGN OF A CRIMINAL OF A CRIMINAL ORGANIZATION

2020 ◽  
Vol 10 (4) ◽  
pp. 99-110
Author(s):  
ALEXANDER ASNIS ◽  
Keyword(s):  
Organizational Structure ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Organization ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Widespread Application ◽  
Legal Entity ◽  
The Russian Federation ◽  
The Law

The subject of the article was the negative tendency in recent years to use by law enforcers the high repressive potential enshrined in art. 35 and 210 of the Criminal Code of the Russian Federation (CC RF) on liability for the creation, leadership and participation in criminal communities for the purpose of criminal prosecution of owners and heads of legal companies that use the latter to commit crimes in economic field. More and more often, the law enforcer began to consider the organizational structure of a commercial organization, fixed in the charter and well-documented, as indisputable evidence of the presence of structural features of a criminal community (criminal organization). Until recently, such an interpretation of the criminal law was not hindered by either the criminal law or the position of the highest court in criminal matters. An attempt to solve this problem by the Federal Law of April 1, 2020 No. 73-ФЗ initiated by the President of the country, according to the author, is a “half measure”. This novelty also raises new problems for the law enforcer in interpreting such valuation concepts as “reliable knowledge” and “are not subject to criminal liability ... due to the organizational and staff structure of the organization”. In this regard, the legislator will be forced to continue the search for new, more effective and reliable barriers for the incorrect application of Article 210 of the Criminal Code of the Russian Federation. The author proposes to the expert community a number of specific legal and technical solutions to the problem of the unreasonably widespread application of art. 210 of the CC RF, including: using judicial control over the conformity of the legal entity with the goals of its creation and removing unreasonable restrictions when deciding whether there is a reason for initiating a criminal case under art. 210 CC RF in relation to owners, beneficiaries and heads of organizations, if the latter is charged with creating a legal entity for the purpose of committing a grave or especially grave crime; legislative limitation of the range of grave and especially grave crimes for the commission of which a criminal community (criminal organization) can be created; consolidation in the criminal law of the concept of creating a criminal community (criminal organization) in the form of a legal entity that does not belong to the state and municipal sectors, on the basis of the exceptional character of the criminal purpose of creating such a person.

scholarly journals Criminal law characteristics of unlawful acts in a bankruptcy of an individual who does not have the status of an entrepreneur

2020 ◽  
pp. 65-80
Author(s):  
Artem Nikolaevich Ryzhov
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Case Law ◽  
Criminal Code ◽  
Legal Entity ◽  
Original Definition ◽  
The Supreme Court ◽  
The Status ◽  
The Russian Federation

  The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.  

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

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