Legal Provisions of Jurisdictional Bodies in Economic Criminal Law

The article explores the role of legal positions (sub-regulatory instruments) established by jurisdictional bodies in shaping the content of regulatory wrongfulness — a structurally essential element of economic crimes. The author substantiates the thesis that, given the increasing complexity of economic relations, the abstract nature, and the gaps in regulatory legislation, qualifying such crimes is impossible without considering not only the violated norms of regulatory law but also these legal positions. Based on an analysis of legal doctrine and judicial practice concerning economic crimes, key characteristics of legal positions are identified: their sub-regulatory nature, their specification/gap-filling function, and their creation by courts and authorized executive bodies (FAS Russia, FTS Russia). It is proven that legal positions, formed through the interpretation and application of regulatory norms (including gap-filling), constitute the second component of regulatory wrongfulness, alongside the norms themselves. Using practical examples (bankruptcy and tax crime cases), the article demonstrates how legal positions specify the elements of crimes and expand or narrow the scope of criminal liability. The author concludes that regulatory wrongfulness has a two-component nature and emphasizes the necessity of accounting for legal positions to ensure the justification for criminal prosecution, the unity of the law enforcement process, and the coherence of the legal system as a whole.