Problems of modernization of Chapter 22 of the Criminal Code of the Russian Federation
Further improvement of Chapter 22 of the Criminal Code of the RF is not only changeand addition making. The analysis of legal norms shows that there are many wrong norms attached to this Chapter. Accordingly, thenorms of Chapter 22 of the Criminal Code of the RF are aimed at achieving six separate objectives. The first one is protection of a conscientiousentrepreneur from officials illegal acts (Articles 169-170.1 CC RF). The second is protection of individuals from illegal actsof others (Article 179 CC RF). The third is protection of sport and other leisure time organizations (Article 184 CC RF). The fourth isprotection of individuals from an unfair entrepreneur (Article 176 CC RF). The fifth is protection of a state from unfair citizens. Due tothe given objectives, the acts are classified into three subgroups: crimes against government order (Articles 171-1, 180, 181, 185-188,190-194, 198-199-2 CC RF); crimes against justice (Articles 174-175, 177 CC RF); crimes against state security (Article 189 CC RF).The sixth is protection of an entrepreneur from another (Articles 171-172, 178, 183, 195-197 CC RF). The acts, for which the responsibilityis held by legal norms, are various forms of unfair competition. The first is illegal entrepreneurship and banking (Articles 195-197CC RF). The second is unfair bankruptcy of businesses (Articles 195-197 CC RF). The third is unlawful monopoly activity (Articles178 CC RF). The fourth is unlawful obtaining and disclosing of tax, commerce and banking secret information (Article 183 CC RF).The norms on imposing criminal responsibility for these acts should be combined into one Chapter of the Criminal Code of the RF asEntrepreneur crimes. Chapter 22 of the Criminal Code is subject to consideration. Taking away unusual norms from Chapter 22 of theCC RF gives the legislator an opportunity to concentrate on legal protection of competition. Due to it the legislator can adequately definecriminalization of acts infringing relations in the sphere of entrepreneurship, which is unknown to him but prohibited by foreigncriminal law, as well as he can define decriminalization of acts infringing indicated public relations. As a result, the Chapter will becomposed of legal norms that protect competition from criminal acts.
Keywords
financial crimes, improvement, modernization, преступления в сфере экономической деятельности, модернизация, совершенствованиеAuthors
Name | Organization | |
Lozinsky Igor V. | National Research Tomsk State University | lozin@mail.ru |
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