Some Problems of the Criminal Law Regulation of Economic Relations in the Russian Federation

Author Name(s): Sergey A. Baleev, Ramil R. Gayfutdinov
Author Email: sabaleev@gmail.com

Abstract

The paper is devoted to the problem of criminal responsibility regulation for crimes in the sphere of economy. The latest novels of the criminal law in terms of criminalizing a number of acts that encroach on property and economic relations in general were subjected to critical analysis. Based on the analysis of the provisions of the current criminal legislation regulating the responsibility of accomplices in group andorganized crimes, the authors noted the imperfection of designing a whole series of aggravated (especially aggravated) crimes in the economic sphere, which is caused by the smoothing significant differences in the degree of public danger of joint execution in the form of a group of persons in collusion and organized forms of complicity in the form of an organized crime group.The issues of implementation of thefairness principle both in relation topersons released from criminal liability as a result of their positive post-criminal behavior, and in relation to victims of crimes are investigated.Proposals were made to improve the legislation and practice of its application.

Introduction

Economic relations are regulated by the multiple norms of branches of law. However, there should not be underestimated the role of criminal law in this area of public relations, which are subject to criminal law protection, since the criminal law provides protection of property, legal rights and freedoms of consumers, economic entities and the interests of the state itself in the sphere of the economy as a whole, business and others types of economic activity, in particular, from such most dangerous offenses as crimes.

Modern Russian criminal law includes a group of norms systematized under the section “Crimes in the economic sphere” (section VIII of the Criminal Code of the Russian Federation) [1] which

Regulate responsibility for crimes against property (Ch.21 of the Criminal Code of the Russian Federation), in the sphere of economic activity (Ch. 22 of the Criminal Code of the Russian Federation), against the interests of service in commercial and other organizations (Ch. 23 of the Criminal Code of the Russian Federation).

Some aspects of the problems on improving criminal responsibility for crimes in the sphere of economics have been studied both in the works of Russian scientists B.V. Volzhenkin [2], N.A. Lopashenko [3], I.A. Tarkhanov [4], M.V. Talan [5], as well as in the works of foreign researchers M.D.Dubber [6], and E. Sootak [7].

The last changes in Section VIII of the Criminal Code of the Russian Federation were introduced by the Federal Law dated July 3, 2016No. 325-FZ[8].On the whole, positively evaluating the Criminal Law in the part of protecting economic relations, taking into account its recent changes and additions, we consider it possible to make some critical remarks in order to improve criminal legislation.

The work proves the necessity of supplementing the norms regulating criminal responsibility in the sphere of the economy with the aggravating features “the commission of a crime by a group of persons in collusion” and “the commission of crimeby an organized crime group” and argues the importance of improving the institution of compensation for harm caused by economic crimes.

Conclusions

The criminal legal policy of the state in counteracting corruption both in the sphere of economy and in the sphere of public administration, as a whole, is shown to be true by establishing criminal liability for mediation in rendering unlawful influence on the result of an official sports competition or a spectacular commercial competition (Article 184 of the Criminal Code of the Russian Federation), in commercial bribery (Article 204.1 of the Criminal Code of the Russian Federation), for small commercial bribery (Article 204.2 the Criminal Code of the Russian Federation) and petty bribery (Article 290.2 of the Criminal Code of the Russian Federation).

However, the results of the research allow us to state the absence of a certain system in the amendments and additions introduced by the legislator into the criminal law.This fully applies to issues of criminal law regulation of economic relations.

 

Acknowledgements

The work is carried out according to the Russian Government Program of Competitive Growth of Kazan Federal University.

 

References

[1] The Criminal Code of the Russian Federation dated June 13, 1996.No. 63-FZ. – Collection of legislation of the Russian Federation. – 1996. – No. 25. – Article 2954. (Revisedof 07/06/2017) – URL: http://www.consultant.ru, free.

[2] B.V.Volzhenkin, “Crimes in the sphere of economic activity in the criminal Law dated Russia”, Law Center Press, St. Petersburg, 765 pp., 2007.

[3] N.A.Lopashenko, “Russian criminal police on economic crimes”, Criminology Journal of Baikal National University of Economics and Law, No. 4, pp.36-44, 2010.

[4] M.V. Talan, J.I. Selivanovskaya, I.M. Sboeva, “Economic crimes related to oil production, transport and refining”, Journal of Economics and Economic Education Research, vol. 17, № 4, pp. 157-162, 2016.

[5] T.I. Abdulhakovich, C.M. Jur’evich, H.R. Auhatobich, “Civil legal constructions in crime classification mechanism”, Criminology Journal of Baikal National University of Economics and Law, № 4, pp. 72-80, 2013.

[6] M.D. Dubber, “Reforming American penal law”, Journal of Criminal Law and Criminology, 90 (1), p. 49-107.

[7] E. Sootak, “Theories of Punishment and Reform of Criminal Law (Reforms as a Change of Mentality”, Juridica International, 1, pp. 178-183.

[8]Federal Law dated July 3, 2016№ 325-FZ. – Collection of legislation of the Russian Federation. – 2016. – No. 27. – Article 4258. – URL:http://www.consultant.ru, free access.

[9] S.A.Baleev.”The concept of complicity in the Russian criminal law: legislative regulation and doctrinal interpretation”, Proceedings of Kazan University.Series: The humanities, vol. 151, No. 4, pp.147-152, 2009.

[10]S.A. Baleev, I.V. Zhukovskaya, “Regulation of responsibility for commission of economic crimes by the organized group”, Bulletin of Economics, Law and Sociology, No. 1, pp.116-119, 2016.

[11]M.V. Voronin, “The law rules structure as the manifestation of the law systemacity”, Bulletin of Perm University, Juridical Sciences, No. 4 (18), pp.14-23, 2012.

[12]The Tax Code of the Russian Federation dd. July 31,

  1. № 146-FZ. – Collection of legislation of the Russian Federation. – 1998. – No. 31. – Article 3824. (Revised as of December 28, 2016) – URL: http://www.consultant.ru, free access.
[13]P.S. Yani, “Serious damage as an element of theft”,Course of law, № 4 (978), pp. 43-48, 2016.

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