On the issue of modern construction of qualified trains in the norms on crimes in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation)

Abstract

The article examines the problems of regulation of certain types of qualified criminal behavior of economic entities. The authors analyze the process of gradual saturation of economic criminal law prohibitions with traditional differentiating circumstances characterizing the commission of a crime by a group of persons by prior agreement, an organized group, causing large and especially large damage, with the use of violence or the threat of its use, identify negative aspects of the legislative consolidation of such signs in the relevant articles of Chapter 22 of the Criminal Code of the Russian Federation "Crimes in the sphere of economic activity". The paper examines violations of the rules for the construction of qualified economic crimes, the principles of differentiation of criminal responsibility, and proposes new regulatory solutions to improve the quality of criminal law regulation in the field of economic activity. Particular importance is attached to the observance of the "block" system of differentiating circumstances during the law-making process, the placement of signs of different levels of social danger within the same part of the article is criticized. The authors draw attention to the appearance of complex blank qualifying circumstances in the studied norms, which reflect: the conjugacy of the act with the avoidance of losses; the use of a legal entity created to commit one or more crimes related to financial transactions and other transactions with money or other property; the commission of an encroachment by the controlling debtor or the head of this controlling person. The introduction of these features requires a new theoretical understanding, the development of proposals that are in demand by judicial and investigative practice.