Further reformation of the Russian Federation criminal law protecting social relations in the sphere of economic activity: improvement or decriminalization?

Criminal law of the Russian Federation protecting social relations in the sphere of economic activity is still a long way off perfection despite its novelty and constant amendment and supplement legislative process. In this connection, further law reformation has become vital. In scientists' consideration, the amendments introduced into Chapter 22 of the Criminal Code of the RF in 2013 turn out to be insufficient. Simultaneously, these amendments have great disadvantages. In particular, after their introduction into Articles 174, 174.1 of the Criminal Code of the RF (CCRF), these legal rules have been left inapplicable. Therefore, the necessity of essential legislative amendments into these rules seems to be quite important. Moreover, the amendment introduced into Article 193.1, Chapter 22 of the CCRF that criminalizes taking money off abroad in the guise of legal and financial operations and aims at combating a widespread money taking off method as a compensation for consultation, accountancy, law and other services appeared to be imperfect. For the purpose of its improvement further amendments must be made. Relevant amendments should also be included into the rules that establish criminal responsibility for criminal bankruptcy, Articles 195-197 of the CCRF, since the given rules in the current version are incomplete. The amendments are required for the criminal and legal rules that establish responsibility for 'suppression' of competition and for illegal obtaining and disclosure of a commercial secret (Articles 178, 183 of the CCRF). Equally with the amendments in the current criminal law rules protecting social relations in the considered sphere, there is a need in both criminalization and decriminalization of acts. Particularly, Chapter 22 of CCRF has no rules dealing with some forms of unfair competition, e.g., defamation of a business owner's reputation, industrial espionage. Criminalization of other acts concerning competition is also possible. At the same time decriminalization of some acts can be made, the responsibility for those acts is laid down by the rules of the indicated Chapter, e.g. coercion to making or rejecting a transaction (Article 179 of the CCRF), impediment to legal entrepreneurial activity, registration of illegal land operations (Articles 169-170 of the CCRF). Further reformation of criminal law protecting social relations in the considered sphere is intended to have both its improvement by introduction of essential novels and amendments into the current rules and decriminalization of relevant acts. In the condition of constant national economic development the reformation must be fulfilled mainly in the way of decriminalization of acts.

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