Differentiation of pre-trial proceedings in relation to business entities or other economic activities
Автор: Fok S.V.
Журнал: Криминалистика: вчера, сегодня, завтра @kriminalistika-vsz
Рубрика: Уголовно-правовые науки
Статья в выпуске: 3 (35), 2025 года.
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Introduction. In recent decades, the State has been providing assistance to the development of small and medium-sized businesses, including by creating additional guarantees and rights, which have been reflected in the criminal procedure legislation through numerous changes, which have resulted in the introduction of special features of pre-trial proceedings for crimes committed by business entities or other economic entities in connection with their financial and economic activities. Unlike the existing differentiated criminal procedure forms in relation to certain subjects and for certain categories of cases, these features in legislation are contained in the norms providing for the usual procedure, that is, they are not a differentiated criminal procedure form. This arrangement not only does not correspond to the existing structure of the Criminal Procedure Code of the Russian Federation, but also negatively affects the ability of subjects conducting criminal prosecution to monitor changes in legislation in a timely manner. The impossibility of making a procedural decision to refuse to institute criminal proceedings, subject to full compensation for harm, negatively affects the protection of the rights of the subjects in question, as well as increasing the workload of investigators and inquirers. Materials and Methods: The research materials were scientific articles, the norms of the legislation of the Russian Federation, and a survey of practitioners. The methodological basis of the research is a set of universal (dialectical), general scientific (analysis and synthesis, induction and deduction, modeling, historical and legal) and private (empirical) methods. The results of the study: They allowed us to reveal the process of development of the features of pre-trial proceedings in relation to business entities or other economic activities that have committed crimes in connection with their financial and economic activities in the criminal procedure legislation. Findings and Conclusions: As a result of the conducted research, a reasonable conclusion is formulated that the systematization and placement in a separate chapter of the Criminal Procedure Code of the Russian Federation, the specifics of pre-trial proceedings in relation to business entities or other economic activities that have committed crimes in connection with their financial and economic activities, since they are a differentiated criminal procedural form, is simultaneously necessary for facilitating the work of entities conducting criminal prosecution. The possibility of refusing to institute criminal proceedings in connection with full compensation for harm will have a positive impact on reducing the burden on the preliminary investigation authorities and on the state receiving systematic income.
Pre-trial proceedings, features, differentiation, subjects of entrepreneurial or other economic activity
Короткий адрес: https://sciup.org/143184949
IDR: 143184949 | УДК: 343.1