ЮрИнфоР >>> Институт актуального образования "ЮрИнфоР-МГУ" >>> Конференции и круглые столы >>>

International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

The problem of criminal responsibility for illegal entrepreneurship

Yevgeny Vladimirovich Eminov

The new Criminal code of the Russian Federation has considerably changed the legal basis of criminal responsibility for illegal entrepreneurship.

Prior to January 1, 1997 criminal responsibility for illegal business undertakings could only be due on condition of preliminarily imposed administrative punishment for a similar infringement of the law. The requirement of the condition of administrative prejudicial action made the norms related to illegal business undertakings stipulated by the former Criminal Code of the RSFSR practically speaking "non-existent", since the code of the RSFSR related to administrative infringement of the law provided responsibility only for 4 types of illegal entrepreneurship. At the same time the Code of the RSFSR related to administrative infringements of the law made no provision for responsibility for unlawful pursuit of bank, commercial, exchange, insurance, private detective and guard and many other types of illegal activity which did most harm to the population and aboveboard entrepreneurship. Such a situation, it stands to reason, could not but adversely affect the state as well as prospects of foreign investment projects in Russia for which legal guarantees in protection of their investments have always been of primary importance.

The new Criminal Code of the Russian Federation provides for responsibility for entrepreneurship without registration or license, or in view of violation of the conditions of licensing, should such a deed cause a considerable damage to citizens, organizations or the state, or if such a deed is related to getting a big-size income (article 171 of the CC of the RF), for carrying out bank activity under similar conditions (article 172 of the CC of the RF) as well as for pseudo-entrepreneurship, resulting in a considerable damage (article 173 of the CC of the RF). Unfortunately, none of the above-said norms gives the definition of what is meant quantitatively by a notion of a considerable damage. The said circumstance will, in our opinion, prove to be one of the main obstacles for effective implementation of the said norms.

Copyright (c) 1996-2001 Институт актуального образования ЮрИнфоР-МГУ
Замечания и предложения просьба присылать группе разработки Института "ЮрИнфоР-МГУ"