Legal regulation of counteraction to unlawful entrepreneurship

The goal of this article is a comprehensive analysis of the composition of illegal business activities, analysis of the effectiveness of the application of the legislation on countering illegal business activities, making recommendations to prevent the commission of crimes in this area. The results of the study indicate that in the framework of improving the legal regulation of the economy, the issue of illegal entrepreneurship is being updated. The introduction of criminal liability for carrying out illegal bisiness activities as a tool to counter the commission of this crime was conceived by the legislator in order to ensure an adequate level of protection for bona fide entrepreneurs, the rights of the state and society. An analysis of doctrinal sources on criminal liability for illegal entrepreneurship showed that domestic criminal law science has not yet developed approaches to establishing signs and elements of crime. Based on the analysis of the doctrine of civil and criminal law, the authors concluded that entrepreneurial activity includes two independent components: economic and legal, which include the signs defined in Russian legislation. Non-fulfillment of one of the «economic signs» entails the definition of activity as «non-entrepreneurial», and the absence of a legal criterion in the activity of a person entails its illegality. Based on the generalized conclusions of the criminal doctrine, the authors of the study concluded that the conditions for qualifying illegal business activities include: doing business without registration, major damage to citizens, organizations or the state, or generating income in large amount as a result of such activities. The article draws attention to the fact that the crime under Art. 171 of the Criminal Code of the Russian Federation is socially dangerous: firstly, illegal entrepreneurial activity completely goes beyond state regulation of the economy; secondly, there is a potential possibility of harming society and the state, for which the entrepreneur must bear the relevant law