Illegal formation (creation, reorganization) of a juridical person: issues of qualification and legal regulation of liability
Illegal formation (creation, reorganization) of a juridical person: issues of qualification and legal regulation of liability
Blog Article
Objective to analyze the disposition of part 1 of Article 173.1 of the Russian Criminal Code and comments to this Article to identify their shortcomings to consider problems of practical application of Article 173.1 and to formulate proposals on legislation improvement aimed at increasing the efficiency of counteraction to illegal formation of a juridical person.Methods a combination of general scientific induction deduction analysis and synthesis and specific scientific formallegal comparative legal sociological content analysis methods.Results the paper proposes an analysis of Article 173.
1 of the Criminal Code and the current state of law enforcement practice on criminal cases concerning the illegal formation creation reorganization of a juridical person.Basing on empirical material the authors show the problems Boot Liner in classification of these crimes.The authors conclude that the unsatisfactory results of the struggle against quotshortlivedquot companies result mainly from the imperfection of the existing criminal law and prove the need for decriminalization of these crimes simultaneously establishing administrative liability for such acts and excepting Article 173.1 from the Criminal Code or changing its content.Scientific novelty basing on the existing legal norms modern scientific literature on the topic and materials on applying Article 173.
1 of the Russian Criminal Code the article studies the signs of illegal formation creation reorganization Heart Plaque LED Night Light of a juridical person which cause the greatest difficulties in the crime qualification and sets out the author39s proposals on legislation improvement in particular an exemplary article of the Administrative Code of the Russian Federation on formation creation reorganization of quotshortlivedrdquo companies.Practical value the judgments and conclusions contained in the article can be used in lawmaking activities for the development of draft laws on introducing changes and amendments to the criminal and administrative law in the lawenforcement practice for the qualification of crimes in the sphere of economic activity in the scientific research preparation of theses monographs textbooks scientific articles in the educational process teaching the discipline quotCriminal lawrdquo and special courses on criminal law.nbsp.