Conception of development of Chapter 22 of the Criminal Code of the Russian Federation: criminalization or decriminalization?

The development of criminal law of the Russian Federation protecting social relations in the economic sphere is impossible without the scientific conception base. The conception involves a definite balance between criminalization of new acts and decriminalization of the acts for which the criminal responsibility is established by the law in Chapter 22 of the Criminal Code of the Russian Federation. This balance was not practically followed in the Criminal Code by the legislator. In fact, there was an imbalance towards criminalization of new acts. During this period only four acts were decriminalized: pseudo-entrepreneurship (Art. 173 of the CC of the RF); misleading advertisement (Art.182 of the CC of the RF); smuggling (Art.188 of the CC of the RF); consumer fraud (Art. 200 of the CC of the RF). At the same time Chapter 22 was supplemented by more than ten novels. On the one hand, it should be noted that criminalization may eliminate gaps in current criminal law that protects social relations in the economic sphere. On the other hand, in the result of criminalization there is a danger of rising a law, which establishes criminal responsibility for the commission of acts, that is neither socially dangerous nor ''abortive''. The latter is referred to the novels that establish criminal responsibility for hostile takeover, illegal gambling, as well as ''fly-by-night companies'' and were introduced into Chapter 22 of the CC of RF in 2010-2011. Many other laws comprising Chapter 22 can be similarly characterized. In this case decriminalization of the relevant laws is under consideration. Decriminalization of acts in the economic sphere is appropriate not only by means of making them in torts. Due to the law analysis it becomes clear that some laws are special to those laws which establish criminal responsibility for crimes where social relations in the economic sphere cannot be the subject. Article 176 of the Criminal Code of the Russian Federation, as an example, sets forth responsibility for illegal lending. This act is considered to be fraud with infringement on property. Article 176 of the CC of the RF is virtually aimed at protection of social relations in the economic sphere. In connection with the introduction of Article 159.1 into Chapter 21 of the CC of the RF, which establishes responsibility for lending fraud, decriminalization of illegal lending is a major aspect (Art.180 of the CC of the RF). The conception of development of criminal law protecting social relations in the economic sphere cannot be either only criminalization or only decriminal-ization of acts. However, in present-day social and economic conditions decriminalization of acts is certain to be an important feature of the conception.

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