Punishability of falsification of the State register of legal entities, register of security holders, depository registration system in foreign criminal law

Abstract

The article analyzes individual sources of foreign criminal legislation on liability for falsification of the state register of legal entities, the register of securities owners, and the depository accounting system. The relevance of the topic is due to the lack of research on foreign criminal law in matters of this responsibility. The main objective of the study is to search and compare the corresponding foreign compounds with the Russian analogue of criminal falsification (Art. 1701 of the Criminal Code of the Russian Federation). Based on formal legal and comparative legal research methods, the author concludes that in foreign criminal law there is no uniformity in ensuring the protection of the reliability of the information in the mentioned registers. A classification has been made of foreign countries whose criminal law in one form or another reflects the punishability of the falsification sought. The common features and differences of the domestic analogue of falsification from foreign legislative decisions have been identified; It has been established that there are no compositions completely identical to the Russian analogue in any of the studied jurisdictions. It is concluded that the most common attack on the reliability of information from these registers in foreign criminal law is the submission of false information to the body that maintains the trade register and the entry of such information into the register of securities owners, while the criminal purposes of falsification, as a rule, are not envisaged, that deserves support and can be borrowed by domestic rule-makers when improving the legal provisions of Art. 1701 of the Criminal Code of the Russian Federation.