scholarly journals Economic Crimes: Review of Changes in Chapter 22 of the Criminal Code of the Russian Federation

2020 ◽  
pp. 63-67
Author(s):  
Inna Andreyevna Podroykina
Keyword(s):  
Russian Federation ◽  
Criminal Code ◽  
Original Form ◽  
The Russian Federation ◽  
Economic Crimes

The present study analyzes the content of the laws changing Chapter 22 of the Criminal Code of the Russian Federation. The author draws attention to the fact that since the adoption of the Criminal Code, 60 laws have amended this Chapter. As a result of constant adjustments, not a single article from the 1996 version of the Code has remained in its original form. Both the dispositions of the arti-cles of Chapter 22 of the Criminal Code and the sanctions were “improved”. A number of articles were restated several times. The number of econom-ic crimes has increased by more than 80 %. As-sessing these processes, the author points at the unstructured nature of the changes, inconsistency with respect to criminalization (decriminalization) of the economy, and therefore calls on the legislator to change the approach to reforming the Criminal Code in general and Chapter 22 in particular.

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.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals CURRENT TRENDS IN BRINGING TO CRIMINAL RESPONSIBILITY FOR OBSTRUCTING LEGITIMATE ENTREPRENEURIAL OR OTHER ACTIVITIES IN THE LIGHT OF THE CONCEPT OF PROTECTING THE RIGHTS OF ENTREPRENEURS

2021 ◽  
Vol 31 (5) ◽  
pp. 891-896
Author(s):  
O.N. Ryabchenko
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
Current Trends ◽  
Legal Nature ◽  
The Russian Federation ◽  
Business Entities ◽  
Criminal Legislation ◽  
Economic Crimes

In the modern doctrine of criminal law, a detailed study of economic crimes located in Chapter 22 of the Criminal Code of the Russian Federation revealed a certain tendency of the absence of system-forming signs of this group of criminal encroachments. A serious analysis of the signs of the corpus delict provided for in Article 169 of the Criminal Code of the Russian Federation was carried out in order to further improve them. The purpose of this work is to study the legal potential of the article and the factors that prevent the implementation of its provisions in practice. Achieving this goal is possible by solving such tasks as identifying the legal nature of objective and subjective signs of a crime under Article 169 of the Criminal Code of the Russian Federation, studying the problems of applying this article and identifying possible ways to resolve them. The relevance and significance of the existence of this corpus delict for the protection of the interests of an entrepreneur in the Russian Federation is established. The problems of judicial practice that prevent the real application of the provisions of Article 169 of the Criminal Code of the Russian Federation are identified. The emphasis is placed on the involvement of officials in the commission of criminal acts against business entities. Some changes in the criminal legislation are proposed, which will exclude the identification of the provisions of Article 169 of the Criminal Code of the Russian Federation with the category of "dead" norms. In this regard, it seems quite justified to consider in more detail the provisions of Article 169 of the Criminal Code of the Russian Federation, which provides for liability for obstruction of legitimate entrepreneurial or other activities.

scholarly journals Socially Dangerous Consequences in the Norms on Economic Crimes: Problems of Recognition in the Law

Lex Russica ◽  
2020 ◽  
pp. 53-63
Author(s):  
A. N. Kameneva
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
The Russian Federation ◽  
The Law ◽  
Extent Of Damage ◽  
Economic Crimes

The paper investigates the normative regulation of socially dangerous consequences of economic crimes set forth in Chapter 22 of the Criminal Code of the Russian Federation. A legislative structure of economic crimes is rather heterogeneous. Some of them are determined as formal (registration of illegal transactions with real estate — Art. 170; illegal organization and conduct of gambling — Art. 171.2, etc.); others are defined as economic (illegal obtaining of credit — Art. 176; abuse of securities issue — 185, etc.); and the third are defined as formal economic (illegal entrepreneurship — Art. 171; restriction of competition — Art. 178 et al.).The paper analyzes the negative aspects of including the criteria characterizing socially dangerous consequences in the norms-notes to Chapter 22 of the Criminal Code of the Russian Federation, determines the significance of criminological peculiarities of economic crimes in determining the extent of damage caused by economic crimes of different types; the influence of the nature and amount of damage established in the law on the exemption from criminal liability for the commission of economic crimes.It is concluded that a law-maker needs a more uniform approach to determining the types and sizes of consequences caused by economic crimes (types should be, as a rule,” economic”, and the size should be the same for all the crimes) and to the placement of quantitative indicators of consequences (in the note to Article 1 where sequences are specified); to achieving compliance with the rules of differentiation of responsibility in the construction of basic and qualified crimes (large and especially large scale of consequences should be indicate only for the latter); to imposing "unfavorable” sanctions from the point of view of the legal consequences of economic crimes, and, on the contrary, to giving a “favorable” character to the exemption from criminal responsibility under Art. 76.1 of the Criminal Code of the Russian Federation in comparison with the specified sanctions.

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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