On the development prospects of Chapter 22 of the RF Criminal Code

The article is devoted to the analysis of some changes in Chapter 22 of the Criminal Code of the Russian Federation (RF CC) concerning "crimes in the sphere of economic activity". This chapter was under the influence of repeated legislative changes within the course of implementing the RF CC, particularly in 2003, 2011, 2015, 2016. The task to be undertaken in the research is to scrutinize what legislative deficiencies have been corrected. The method of comparison and analysis within the comparative and historical method is used in consideration of these changes. The research shows that since 2003 "false entrepreneurship" (Article 173 of the RF CC); "deliberate false advertising" (Article 182 of the RF CC); "smuggling" (Article 188 of the RF CC); "consumer fraud" (Article 200 of the RF CC) have been decriminalized. In the author's view, decriminalization of false entrepreneurship is fully justified as Article 173 of the RF CC provided for the responsibility for organizing business with deliberate omission of business activity. The constructive features of the crime under consideration indicated in the law confirm this fact. Under the amendments on the ground of Federal Law 78 of the RF of 30 March 2016, the Chapter was supplemented with Article 172.2 that establishes criminal responsibility for "activity for involvement of money or other property". Thus, a special legislative rule has been introduced for the first time that makes it possible to institute criminal proceedings against heads of "financial pyramids" and to eliminate a serious deficiency in the current criminal law. In accordance with Federal Law 139 of the RF of 1 May 2016, this Chapter was also supplemented with Article 200.3 that establishes criminal responsibility for "involvement of citizens' money against the legislative rules of the RF affecting block construction sharing and other real estates". The indicated article provides a significant addition to the current criminal law as well. All the changes set forth into the given chapter appear to have eliminated some 'gaps' in the law and decriminalized the criminal acts which are now not of public danger. Thus, for the purpose of developing the chapter under discussion, criminalization of some acts is viewed as an essential issue concerning particularly industrial espionage, deformation of company's reputation. Criminal responsibility for those acts should be imposed to have business owners' interests properly protected.

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