On the problem of criminal law modernization in the Russian Federation protecting social relations in the sphere of economic activity

Despite constant amendments, the criminal law of the Russian Federation protecting social relations in the sphere of economic activity still needs modernization. The indicated modernization stipulates both criminalization of new acts and decriminalization of acts the responsibility of which is laid down by the rules of Chapter 22 of the Criminal Code (CC) of the RF. Criminalization and decrimi-nalization must be grounded from the theorists' as well as practical specialists' viewpoints. Moreover, for the right decision of the issue on criminalization or decriminalization of the relevant act it is important to study the rules of foreign criminal law that can be similar to the rules forming Chapter 22 of the CC of the RF. As a result, it seems to be possible to reveal gaps in the domestic criminal law protecting social relations in the sphere of economic activity and to determine criminal and legal prohibitions that obviously 'overload' the law. At present a subject involved in business is not sufficiently protected by the domestic criminal law from unlawful interference. His business reputation in fact is not protected by the CC of the RF. Therefore, it is quite essential to introduce rules into the law establishing responsibility, primarily, for defamation of business reputation of competitors. Criminalization of the indicated act by the domestic legislator would enable to solve the problem on criminal and legal defense of competition from defamation of a subject's business reputation. At the same time the issue of criminal and legal defense of competition relations from industrial espionage is not practically settled in the CC of the RF. Criminalization of industrial espionage by the domestic legislator is obligatory for further modernization of Chapter 22 of the CC of the RF. For this modernization it would be necessary to establish criminal responsibility for organization of various 'financial pyramids' as well. Simultaneously, one cannot exclude decriminalization of some acts, the responsibility of which is fixed by the rules of Chapter 22 of the CC of the RF. After the analysis of the indicated rules, a conclusion should be made about the importance of decriminalization of acts, the responsibility of which is established by Articles 177, 184 and 197 of the CC of the RF, as the Articles provide responsibility for commission of acts, which are variety of other acts prohibited by the CC of the RF. Together with decriminal-ization of acts prohibited by Articles 177, 184 of the CC of the RF, the lawmaker must introduce amendments to Articles 204, 315 of the CC of the RF. Criminalization and decriminalization of the indicated acts do not confine further modernization of Chapter 22 of the CC of the RF. For the purpose of gaps removal in this Chapter it is also important to introduce criminalization of new acts. At the same time decriminalization of some other acts, the responsibility of which is established by the rules of Chapter 22 of the CC of the RF, is necessary, too. At present the basic course of criminal law modernization protecting social relations in the sphere of economic activity should include decriminalization of acts.

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