Collisions of Criminal and Business Legislation Norms in the Context of the Effectiveness of Combating Crime

Tatiana Alexandrovna Batrova

2021

Abstract

The article is devoted to the assessment of collisions between criminal legislation and legislation on entrepreneurial activity as a determinant of reducing the effectiveness of combating crime in the economic sphere. The inconsistency of criminal law norms with the provisions of the legislation on entrepreneurial activity, as well as the formation of contradictory doctrinal ideas, partly generated by the ambiguous criminal law policy in this area, significantly affects the crime detection due to the existing legal uncertainty in the assessment of criminality and punishability of acts. The implementation of dialectical, teleological, formal-legal, systemic-structural research methods have made it possible to formulate several conclusions and proposals of both conceptual and applicable nature. The first decision should include the need to revise the criminal law in the process of making changes and additions to the legislation on entrepreneurial activity in order to avoid collisions between them. It is proposed to correct the hypothesis of Part 1 of Art. 171 of the Criminal Code of the Russian Federation, adding an indication of the obligatory legal requirement on registration as a condition for making a formal accusation or, through judicial interpretation, to expand the interpretation of registration to any form of state recording of persons engaged in entrepreneurial activity, including notification of it and posting to the accounts as a taxpayer. The expediency of a clearer correlation mentioned in Art. 173.1 of the Criminal Code of the Russian Federation terminology with legal categories used in sectoral legislation is determined, as well as the extension of the norm to the practice of using previously created legal entities with a simultaneous indication of the illegal purposes of such actions.

Paper Citation

in Harvard Style

Batrova T. (2021). Collisions of Criminal and Business Legislation Norms in the Context of the Effectiveness of Combating Crime. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 357-361. DOI: 10.5220/0010642900003152

in Bibtex Style

@conference{closa21,
author={Tatiana Alexandrovna Batrova},
title={Collisions of Criminal and Business Legislation Norms in the Context of the Effectiveness of Combating Crime},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={357-361},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010642900003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Collisions of Criminal and Business Legislation Norms in the Context of the Effectiveness of Combating Crime
SN - 978-989-758-532-6
AU - Batrova T.
PY - 2021
SP - 357
EP - 361
DO - 10.5220/0010642900003152