Debatable aspects of constructing construction of corpus delicti in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation)

Abstract

The article analyzes the features of the regulation of crimes in the field of economic activity with formal, material and truncated structures of the compositions in the 1996 Criminal Code of the Russian Federation. The author notes that the presence in Chapter 22 of the Criminal Code of the Russian Federation of a significant number of criminal-legal prohibitions containing a formal type of structure of a crime is criticized in the doctrine of criminal law and does not always meet the rules of criminalization of a socially dangerous act and the needs of law enforcement practice. The absence of signs characterizing the economic consequences (damage, avoidance of losses, etc.) in many dispositions with a formal structure does not allow us to speak of the presence of the level of social danger necessary for criminalization of the illegal behavior of economic entities. A number of crimes, in our opinion, should be legally transferred to the category of administrative offenses. The author notes that when designing complex alternative compositions, one should carefully select the necessary features with a homogeneous nature and level of public danger. Such alternative signs should be used in a situation where it is impossible to use abstract linguistic terms covering all the signs listed in the disposition. You should also avoid including false signs in alternative constructions of dispositions: repetitive, unreasonable criminologically, intersecting with other elements of crime, etc.