On the problem of further development of Chapter 22 in the Criminal Code of the Russian Federation

Chapter 22 of the Criminal Code of the RF protecting social relations in the sphere of economic activity within the second half-year of 2014 and March 2015 has been considerably amended by the legislator. Under the Federal Law of 21 July 2014 No. 218-FZ, the indicated Chapter has been supplemented with Article 172.1 that establishes the responsibility for 'falsification in fiscal accounting and finance organization accountability'. According to the Federal Law of 21 July 2014 No. 277-FZ, Chapter 22 of the Criminal Code of the RF has been amended by introducing Article 191.1 that establishes the responsibility for "illegally obtained, stored, transported, processed timber for the distribution purpose". In compliance with Federal Laws of 22 December 2014 No. 430-FZ, 31 December 2014 No. 530-FZ, 8 March 2015 No. 45-FZ, 30 March 2015 No. 67-FZ, significant changes were made into the disposition of Articles 171.1, 171.2, 173.1, 173.2, 178, 180 and 194 of the CC of the RF. By the Federal Law of 31 December 2014, Article 200.2 was introduced in the Chapter which establishes responsibility for 'smuggling alcoholic and tobacco goods' and it was decriminalized in December 2011. Despite the amendments, Chapter 22 of the Criminal Code of the RF still has serious gaps, for example, the lack of a regulation aimed at establishing criminal responsibility for 'financial pyramid schemes'. The necessity of the criminal responsibility for such acts is pointed out by both jurists and legal practitioners. Simultaneously, following the indicated legislative amendments, some problems concerning the development of other regulations in Chapter 22 of the CC of the RF appeared to be unsolved. In particular, there were no changes either introduced in the disposition of 'anti-laundering' legal norms (Articles 174-174.1 of the CC of the RF) and in the disposition of Article 193.1 of the CC of the RF in spite of their complexity in practice application. There also exist problems arising in the practical application of Articles 185, 185.1, 189-190 of the CC of the RF. To solve the problems of further development of Chapter 22 of the CC of the RF, the optimal ratio both for criminalization and decriminalization of acts in the sphere provided by the Chapter can be presented. In jurists' and legal practitioners' views, within new, social and economic conditions decriminalization of some acts must prevail where the responsibility for them is fixed by the regulations included into this Chapter. At the same time, under the following conditions it is important to revise punishment imposed for the crimes in the sphere of economic activity. For more effective measures to combat those crimes, the legislator must stipulate punishment that can serve an alternative to imprisonment.

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