Criminal repression in the sphere of economic activity in Russia
Автор: Zhesterov Pavel Valeryevich
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 6 (19), 2015 года.
Бесплатный доступ
Purpose: On the basis of the analysis of the criminal law and its changes from 2011 for 2015 to reveal legislative collisions in criminal precepts of law, to estimate consequences of unfairly high criminal repression in the sphere of economic activity. Methodology: Formally legal method and a method of concrete sociological researches which allowed to study regularities of establishment of criminal liability for acts in the sphere of economic activity, the legislative equipment, and also the modern conditions operating on standards of chapter 22 of the Criminal code of Russian Federation and having impact on their nature were used. Results: In article the problem of criminal repression in the sphere of economic activity is considered. It is established that it is connected with excess criminalization of acts, thus the majority of the last changes in the criminal law are criminological not proved. It is established that excess criminalization of economic crimes makes the extremely negative impact on a state of affairs in domestic economy. The author’s assessment of a role of confiscation of property in the prevention of crimes in the considered sphere is given. In the conclusion the author formulates doctrinal concept of excess criminal repression in relation to the crimes provided in chapter 22 of the Criminal code of Russian Federation. Novelty/originality/value: Scientific novelty of research consists that the author formulated the main tendencies of criminal repression in the sphere of economic activity. First, the main method of criminal policy in the sphere of economic activity there is a criminalization. Secondly, it is possible to speak about economy of criminal repression in cases of non-use of confiscation of property and a non-inclusion of new structures of the crimes entered into chapter 22 of the criminal code of Russian Federation, into the list provided by the item «a» p. 1 Art. 104.1 of the Criminal code of Russian Federation.
Короткий адрес: https://sciup.org/14042330
IDR: 14042330