Some problematic issues determination of objective signs illegal entrepreneurship
Автор: Fomina I.A.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовно-правовые науки (юридические науки)
Статья в выпуске: 3 (106), 2023 года.
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Introduction: The article considers some problematic issues related to the definition of objective signs of illegal entrepreneurship, scientific trends and legislative approaches to their definition, the interrelation and interdependence of these elements within the existing criminal policy on bringing to criminal responsibility for the considered type of activity. The study of problems of conceptual apparatus of entrepreneurial activity and illegal entrepreneurship, contributing to the formation of a clear position of the legislator to the definition of objective signs of illegal entrepreneurship, contributes to the correct practical application of the considered corpus delicti. In this regard, the consideration of the issues of determining the objective features of the corpus delicti is one of the starting points of the most optimal qualification of acts in which the signs of illegal entrepreneurship are seen. Materials and Methods: In the course of the conducted research such private methods of scientific knowledge as: analysis and synthesis, historical, sociological, comparative and factor methods were used. Conclusions were formed as a result of analysing empirical data and questionnaire results. The Results of the Study: allowed to formulate the main problematic issues of existence of objective signs of illegal entrepreneurship, and to propose their solution, applicable legislative approaches and scientific views in this direction. Findings and Conclusions: The analysis of the disposition of the current corpus delicti of illegal entrepreneurship allows us to talk about the ambiguity of interpretation of this norm, based on the description of the features of the objective side, accordingly, the main directions of improvement of this corpus delicti formulated in the course of the study will contribute to a more correct qualification of acts. In conclusion, the conclusions are made about the need for further improvement of the institute of objective signs of illegal entrepreneurship as fundamental for the purposes of detection and investigation of criminal cases of this type.
Illegal entrepreneurship, entrepreneurial activity, composition of crime, objective signs, economic activity
Короткий адрес: https://sciup.org/143180396
IDR: 143180396 | DOI: 10.55001/2312-3184.2023.75.27.022