Chapter 22 of the Criminal Code about the peculiarities of initiating criminal cases for crimes in the economic sphere


Balanced economic relations are the basis for the development of society and the state.
The function of their protection is assigned to the country's legislative and law enforcement institutions. Remedies are represented by criminal law methods that allow the identification of economic crimes. Section eight of the Criminal Code of the Russian Federation formulates their characteristics, determines the types, the degree of threat to society and business activity, and establishes penalties for each type. Multi-channel free hotline Legal advice on criminal law. Every day from 9.00 to 21.00

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Characteristic

Crimes of an economic nature represent a segment of crimes containing self-interest, encroaching on the right to own property of various associations (groups) of the population (buyers, joint ventures or competitors), as well as on state interests or the organization of economic activity, for the purpose of personal gain, under cover (without him) legal activities.

Until the mid-nineteenth century, the concept of economic crime was identified with property crimes. But after conducting scientific research based on an analysis of “corporate crimes” conducted by one of the best criminologists of the twentieth century, E. Sutherland, the attitude changed. The criminologist focused the attention of the legal community on the fact that the subjects of crimes of this nature are the most dangerous for the state and its structure, have a high position in society or business, commit criminal acts in the process of fulfilling social duties, pursuing personal interests or the interests of third parties (this opinion is often used in abstracts on jurisprudence).

Currently, the main features characteristic of economic crimes are considered to be:

  • latency (secrecy) of preparation and commission of criminal acts;
  • significant damage to society and public relations;
  • as a rule, acts are committed in an organized manner, often by a group of persons;
  • the crime is planned, is intentional in nature (except for the commission of acts in a careless manner);
  • The motive for the crime is formed on the basis of personal selfish motives.

The main difference from other types of criminal activity is the commission of crimes of an economic nature by a special entity that is not associated with the object of control by persons in the system of economic relations that have been attacked.

Classification

Classification characteristics are represented by the essence of actions in relation to society, relations in the production process, distribution mechanism, principles of exchange of material goods and services. The object is relations in certain economic areas or specific relationships.

The objective part of these crimes concerns coercion to act (demanding the conclusion or termination of an agreement, transaction, etc.), as well as inaction (for example, evading the fulfillment of assumed financial and other obligations).

The specificity of crimes containing a material component is represented by the interconnectedness of actions and their social consequences. Formally, these compounds are sufficient to conduct a legal assessment of the commission of an action dangerous to society (for example, creating obstacles to the legitimate work of entrepreneurs).

The subjects of these types of crimes are persons whose criminal prosecution is not limited by law. They are over sixteen years of age. In this case, some fall under the characteristics of a special subject (persons holding positions in government agencies).

Criminal actions in the business sector are classified as follows:

  • obstruction of it, illegal forms, false entrepreneurship;
  • organization of bank operations outside the law, legalization of assets acquired through criminal means;
  • monopolism, violation of advertising laws, violation of trademark rules;
  • obtaining and distributing commercial information in a manner not provided for by law;
  • fraud during tenders and sports competitions;
  • deliberate false bankruptcy;
  • violation of financial and accounting records;
  • environmental fraud;
  • requirements for carrying out (refusing) a transaction.

Criminal activities in the financial sector:

  • credit activities (receipt, use, refusal to fulfill obligations);
  • work with securities, cash, payment cards (issue, illegal accounting, transactions, forgery, provision of false information);
  • banking activities (failure to return foreign currency from abroad, violation of the procedure for using money, false information on transactions).

Tax crimes:

  1. Refusal to pay taxes by individuals and legal entities.
  2. Excise Duty Fraud.
  3. Violation of repayment of customs duties.
  4. Economic smuggling.

Crimes in the sphere of trade and public services:

  • violations in the organization of public auctions and auction activities;
  • consumer deception;
  • bribes of any form.

Activities in the field of high technology:

  1. Unauthorized access to electronic data.
  2. Writing, using and implementing malicious software.

Crimes in the economic sphere of activity represent their subjective part as an unconditional intentional form of guilt, not excluding the practice of using two forms of guilt.

Question 1. Economic crime

In Russia, the problem of crime in the economic sphere is relevant, especially economic crimes such as theft, embezzlement, abuse of power, bribery, smuggling, violation of the rules of currency transactions

.
Every year in the Russian Federation, over 80% of the total number of convicts are convicted of selfish and economic crimes. Economic crime is a set of socially dangerous, selfish attacks that cause significant material damage on property used for economic activities, the procedure for managing economic processes, the economic rights and interests of citizens, legal entities and the state by persons performing certain functions in the system of economic relations.
Signs of economic crime: 1) selfish nature; 2) committed in the course of professional activity; 3) connection with contracts and obligations of subjects among themselves and with the state regarding the production, processing, acquisition, distribution and exchange of material goods and services; 4) the collectivity of victims, the nature of crimes hidden from society, the large distance between the victim and the criminal, the object of the attack is the economy as a whole, individual sectors of business activity, groups of citizens; 5) anonymity of victims, the process of victimization is hidden for the victim; 6) the presence of two entities - a legal entity (corporate crime) and an individual (occupation-related crime), acting on behalf and in the interests of the enterprise; 7) significant damage caused to the economic interests of the state, business and citizens; multiple character; 9) redistribution of material wealth as a consequence of economic crimes; 10) systematic nature.

Economic crimes , which form the basis of economic crime, can be divided into the following groups

:
1) financial crimes;
2) crimes that violate competition rules; 3) crimes that infringe on the rights of consumers; 4) crimes encroaching on the order of state regulation of the economy; 5) crimes related to the illegal exploitation of the natural environment; 6) crimes in the field of labor protection; 7) - computer crimes. According to the Ministry of Internal Affairs of Russia, for 9 months of 2007, the units for combating economic crimes and tax crimes of the Internal Affairs Directorate identified 218,596 crimes of an economic nature. More than half of them belong to the category of grave and especially grave. In criminal cases, compensation for material damage caused in the amount of 86.4 billion rubles was provided. 40,527 persons were brought to criminal liability.

Criminal features are also observed in the sphere of privatization. In this area, the following have become widespread: 1) underestimation of the value of privatized objects; 2) elimination of unwanted competitors; 3) acquisition of real estate through outwardly legal schemes; 4) false bankruptcy of business entities in whose authorized capital state property was transferred; 5) computer theft; 6) financial fraud using counterfeit plastic cards; 7) non-repayment of loans; “rolling” budget funds through commercial banks, with a delay in their use for their intended purpose (for the payment of wages, pensions).

The most dangerous crimes in the economic sphere: 1) legalization of funds and other property acquired by criminal means; 2) theft and abuse in the timber industry (this industry is the third largest in terms of capital turnover after the oil and fishing business); 3) crimes committed in the field of aquatic biological resources.

One of the most dangerous types of economic crimes is unfair competition, its types:

a) economic suppression: a) disruption of transactions and agreements; b) paralysis of the activities of firms using the powers of government agencies and the media; c) compromising the activities of companies; d) blackmail and compromise of employees;

b) physical suppression: a) robbery and assault on offices and warehouses; b) threats of physical violence; c) hired murders;

c) industrial espionage: a) bribery of employees; b) transfer of documents and developments; c) copying programs and data; d) penetration into a PC; e) eavesdropping on negotiations;

d) psychological pressure: a) threats of physical violence against managers and leading specialists and their families; b) blackmail or compromise of managers and leading employees; c) compromise of activities in general through the media; d) psychological (psychopathic) influence; e) destabilization of the psychophysiological state of leading specialists;

e) financial suppression: a) use of false financial documents in transactions; b) localization of activities using financial structures, delays in payments; c) misappropriation of funds by creating fictitious enterprises (obtaining loans followed by bankruptcy).

The main danger of crimes in the economic sphere

– obtaining excess profits, which go towards: 1) further investments in the shadow sector of the economy; 2) accumulation of funds in foreign accounts; 3) maintenance of the organized crime system; 4) payment for qualified specialists working in the shadow economy; 5) bribery of officials; 6) remuneration for highly qualified lawyers.

The consumer market is considered the most important strategic part of the Russian economic system

. By influencing the life of every citizen, it determines the social stability of society and influences the authority of the authorities on the part of the population. In addition, being a source of cash flow, this sector of the economy participates in forming the basis for the financial stability of the state.

The modern development of criminal business in the consumer market has led to a number of negative consequences:

1) destruction of the system of protecting the domestic consumer market from excessive pressure from the products of foreign producers; 2) widespread penetration of counterfeit goods into the consumer market; 3) strengthening the influence of organized criminal communities on the activities of business entities that have chosen the consumer market as the sphere of their commercial activity; 4) deterioration of the situation regarding the collection of taxes from business entities carrying out their commercial activities in the consumer market.

Unreasonable price increases, violation of trade rules and deception of consumers, monopolism have become sophisticated in Russia, and criminal structures and the corrupt part of the state apparatus pass this off as progressive market relations.

The Russian consumer market is characterized by the following crimes: 1) encroachments on the legal rights and interests of consumers; 2) unfair competition; 3) encroachments on the established procedure for conducting business activities. The group of crimes encroaching on consumer rights includes crimes related to fraud in the field of trade, production of consumer goods, provision of services to consumers and causing damage to them.

What is the situation like in other countries? For example, in the United States, the Uniform Unfair Trade Practices Act, which has been in force since 1964, lists the following types of criminal activities of firms and companies: 1) sale of goods and provision of services disguised as other goods and services; 2) misrepresentation regarding the list of goods and services; 3) provision of goods and services as having special characteristics, ingredients, advantages, or better quality, although in reality they do not have them; 4) provision of goods as new and original, if in fact they are deteriorated, altered, used; 5) presenting goods and services as having a special quality standard or grade, or a special style or model, although in reality they do not have these characteristics; 5) deliberately disparaging a competitor’s goods and services by presenting false evidence; 6) advertising of goods and services that are not actually provided; 7) false statements related to the justification and extent of price reductions; other misleading actions.

The Russian Federation also provides for criminal liability for consumer deception. It is a crime to measure, weigh, count, mislead regarding the consumer properties or quality of a product (service) or otherwise deceive consumers in organizations that sell goods or provide services to the population, as well as by citizens registered as individual entrepreneurs in the field of trade (services) if these acts were committed on a significant scale.

As a rule, persons who commit crimes in the economic sphere are characterized by: a sophisticated criminal mind; a pronounced selfish orientation, the desire for “easy money”, luxury in everyday life; high level of education, knowledge of laws and criminal financial schemes; high position in society; connections in law enforcement agencies, the economy, government agencies and the criminal environment.

Along with the Department of Internal Affairs, the Federal Service for Financial Monitoring (Financial Intelligence) plays an active role in the fight against economic crimes, which seeks to monitor illegal financial flows.

Ways to prevent crimes in the economic sphere:

1) eliminating loopholes in legislation;

2) reducing the level of corruption in society, including through intimidation, for example, holding high-profile trials against high-ranking officials convicted of corruption;

3) a gradual change in the mentality of society (it is necessary to undermine in every possible way the generally tolerant attitude towards economic crime on the part of society);

4) strengthening the rule of law.

In Russia, the problem of crime in the economic sphere is relevant, especially economic crimes such as theft, embezzlement, abuse of power, bribery, smuggling, violation of the rules of currency transactions

.
Every year in the Russian Federation, over 80% of the total number of convicts are convicted of selfish and economic crimes. Economic crime is a set of socially dangerous, selfish attacks that cause significant material damage on property used for economic activities, the procedure for managing economic processes, the economic rights and interests of citizens, legal entities and the state by persons performing certain functions in the system of economic relations.
Signs of economic crime: 1) selfish nature; 2) committed in the course of professional activity; 3) connection with contracts and obligations of subjects among themselves and with the state regarding the production, processing, acquisition, distribution and exchange of material goods and services; 4) the collectivity of victims, the nature of crimes hidden from society, the large distance between the victim and the criminal, the object of the attack is the economy as a whole, individual sectors of business activity, groups of citizens; 5) anonymity of victims, the process of victimization is hidden for the victim; 6) the presence of two entities - a legal entity (corporate crime) and an individual (occupation-related crime), acting on behalf and in the interests of the enterprise; 7) significant damage caused to the economic interests of the state, business and citizens; multiple character; 9) redistribution of material wealth as a consequence of economic crimes; 10) systematic nature.

Economic crimes , which form the basis of economic crime, can be divided into the following groups

:
1) financial crimes;
2) crimes that violate competition rules; 3) crimes that infringe on the rights of consumers; 4) crimes encroaching on the order of state regulation of the economy; 5) crimes related to the illegal exploitation of the natural environment; 6) crimes in the field of labor protection; 7) - computer crimes. According to the Ministry of Internal Affairs of Russia, for 9 months of 2007, the units for combating economic crimes and tax crimes of the Internal Affairs Directorate identified 218,596 crimes of an economic nature. More than half of them belong to the category of grave and especially grave. In criminal cases, compensation for material damage caused in the amount of 86.4 billion rubles was provided. 40,527 persons were brought to criminal liability.

Criminal features are also observed in the sphere of privatization. In this area, the following have become widespread: 1) underestimation of the value of privatized objects; 2) elimination of unwanted competitors; 3) acquisition of real estate through outwardly legal schemes; 4) false bankruptcy of business entities in whose authorized capital state property was transferred; 5) computer theft; 6) financial fraud using counterfeit plastic cards; 7) non-repayment of loans; “rolling” budget funds through commercial banks, with a delay in their use for their intended purpose (for the payment of wages, pensions).

The most dangerous crimes in the economic sphere: 1) legalization of funds and other property acquired by criminal means; 2) theft and abuse in the timber industry (this industry is the third largest in terms of capital turnover after the oil and fishing business); 3) crimes committed in the field of aquatic biological resources.

One of the most dangerous types of economic crimes is unfair competition, its types:

a) economic suppression: a) disruption of transactions and agreements; b) paralysis of the activities of firms using the powers of government agencies and the media; c) compromising the activities of companies; d) blackmail and compromise of employees;

b) physical suppression: a) robbery and assault on offices and warehouses; b) threats of physical violence; c) hired murders;

c) industrial espionage: a) bribery of employees; b) transfer of documents and developments; c) copying programs and data; d) penetration into a PC; e) eavesdropping on negotiations;

d) psychological pressure: a) threats of physical violence against managers and leading specialists and their families; b) blackmail or compromise of managers and leading employees; c) compromise of activities in general through the media; d) psychological (psychopathic) influence; e) destabilization of the psychophysiological state of leading specialists;

e) financial suppression: a) use of false financial documents in transactions; b) localization of activities using financial structures, delays in payments; c) misappropriation of funds by creating fictitious enterprises (obtaining loans followed by bankruptcy).

The main danger of crimes in the economic sphere

– obtaining excess profits, which go towards: 1) further investments in the shadow sector of the economy; 2) accumulation of funds in foreign accounts; 3) maintenance of the organized crime system; 4) payment for qualified specialists working in the shadow economy; 5) bribery of officials; 6) remuneration for highly qualified lawyers.

The consumer market is considered the most important strategic part of the Russian economic system

. By influencing the life of every citizen, it determines the social stability of society and influences the authority of the authorities on the part of the population. In addition, being a source of cash flow, this sector of the economy participates in forming the basis for the financial stability of the state.

The modern development of criminal business in the consumer market has led to a number of negative consequences:

1) destruction of the system of protecting the domestic consumer market from excessive pressure from the products of foreign producers; 2) widespread penetration of counterfeit goods into the consumer market; 3) strengthening the influence of organized criminal communities on the activities of business entities that have chosen the consumer market as the sphere of their commercial activity; 4) deterioration of the situation regarding the collection of taxes from business entities carrying out their commercial activities in the consumer market.

Unreasonable price increases, violation of trade rules and deception of consumers, monopolism have become sophisticated in Russia, and criminal structures and the corrupt part of the state apparatus pass this off as progressive market relations.

The Russian consumer market is characterized by the following crimes: 1) encroachments on the legal rights and interests of consumers; 2) unfair competition; 3) encroachments on the established procedure for conducting business activities. The group of crimes encroaching on consumer rights includes crimes related to fraud in the field of trade, production of consumer goods, provision of services to consumers and causing damage to them.

What is the situation like in other countries? For example, in the United States, the Uniform Unfair Trade Practices Act, which has been in force since 1964, lists the following types of criminal activities of firms and companies: 1) sale of goods and provision of services disguised as other goods and services; 2) misrepresentation regarding the list of goods and services; 3) provision of goods and services as having special characteristics, ingredients, advantages, or better quality, although in reality they do not have them; 4) provision of goods as new and original, if in fact they are deteriorated, altered, used; 5) presenting goods and services as having a special quality standard or grade, or a special style or model, although in reality they do not have these characteristics; 5) deliberately disparaging a competitor’s goods and services by presenting false evidence; 6) advertising of goods and services that are not actually provided; 7) false statements related to the justification and extent of price reductions; other misleading actions.

The Russian Federation also provides for criminal liability for consumer deception. It is a crime to measure, weigh, count, mislead regarding the consumer properties or quality of a product (service) or otherwise deceive consumers in organizations that sell goods or provide services to the population, as well as by citizens registered as individual entrepreneurs in the field of trade (services) if these acts were committed on a significant scale.

As a rule, persons who commit crimes in the economic sphere are characterized by: a sophisticated criminal mind; a pronounced selfish orientation, the desire for “easy money”, luxury in everyday life; high level of education, knowledge of laws and criminal financial schemes; high position in society; connections in law enforcement agencies, the economy, government agencies and the criminal environment.

Along with the Department of Internal Affairs, the Federal Service for Financial Monitoring (Financial Intelligence) plays an active role in the fight against economic crimes, which seeks to monitor illegal financial flows.

Ways to prevent crimes in the economic sphere:

1) eliminating loopholes in legislation;

2) reducing the level of corruption in society, including through intimidation, for example, holding high-profile trials against high-ranking officials convicted of corruption;

3) a gradual change in the mentality of society (it is necessary to undermine in every possible way the generally tolerant attitude towards economic crime on the part of society);

4) strengthening the rule of law.

Signs of economic crimes

When formulating the signs of a crime in the economic sphere, the Criminal Code of the Russian Federation takes into account changes in the process of development of society and economic relations in it. However, the main provisions remained unchanged, including the following comments:

  • self-interest, a sign is required to determine criminal actions of this nature, regardless of who receives the benefit - the criminal, other individuals or organizations;
  • crimes are committed in the course of professional activity (a key feature of the concept of these crimes);
  • accompany the conclusion of contracts and the fulfillment of the obligations enshrined in them between economic entities or with government agencies (production, purchase and sale, redistribution and the like, relating to material assets and services);
  • multiplicity (how many victims) and distance of the offender from the victim;
  • secret preparation and execution of criminal acts, anonymity of victims;
  • objects of crime (state economy, its parts, entrepreneurs, associations of citizens);
  • two subjects - the term means the crime of corporations (a legally significant characteristic) and individuals (by type of activity) representing the interests of enterprises and acting on their behalf;
  • the significance of the damage caused by illegal actions;
  • multiplicity, long-term, systematic nature of their implementation;
  • redistribution of the content of the subject of the crime.

Many crimes began to be carried out by subjects of economic relations formed in accordance with current legislation, but not carrying out professional activities.
At the same time, a significant part of high-profile economic crimes consists of violations in the redistribution of state monetary funds (the budget of different administrative units and the distribution of extra-budgetary funds). The number of persons involved in criminal activities who do not properly fulfill their duties is increasing: cases can be initiated for non-payment of taxes, mandatory payments to state funds and the implementation of actions for illegal enrichment from them (subsidies, benefits, etc.).

It should be noted that the development of digital technologies also affected the characteristics of crime. They are actively used for the implementation of selfish goals, and the use of modern programs makes it possible to cause serious damage to the public economy, which practically puts any person on a par with criminals by occupation.

In accordance with current legislation, such a concept as “crimes of an economic nature” has not yet been legally defined. The Criminal Code contains the wording “crimes in the economic sphere” as the title of Section VIII of the Criminal Code of the Russian Federation, “crimes in the sphere of economic activity” as the title of Chapter 22 of the Criminal Code of the Russian Federation. Section VIII of the Criminal Code of the Russian Federation does not contain elements of crimes related to economic ones. These are: malfeasance, misappropriation of budget funds, crimes in the field of computer technology related to infringement of intellectual property and copyright, etc. At the same time, this section contains crimes that do not contain an economic component in the subject of the crime, for example: robbery, destruction or damage to property.

In order to ensure a unified approach and completeness of reflection in the forms of state statistical observation of information on the state of crime in Russia since 1997, relevant by-laws (directives) have been published, which define lists of various categories of crimes (including economic crimes) and outline the criteria on the basis of which they are related1. Currently, there is a joint directive of the Prosecutor General’s Office of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation dated September 31, 2014 No. 744/11/3 “On the introduction into force of the List of articles of the Criminal Code of the Russian Federation used in the formation of statistical reporting,” which, in particular, defines criminal acts that have an economic orientation, the analysis of the provisions of which allows us to conclude that the categories of crimes under consideration are differentiated into: “unconditional”, “conditional” and “conditionally associated crimes”. At the same time, crimes of an economic nature are included in two Lists. List No. 1 contains crimes, the preliminary investigation of which is carried out in the form of an inquiry, List No. 2 contains crimes, the investigation of which is carried out in the form of a preliminary investigation.

The first group of economic crimes (unconditional crimes) includes acts included in both Lists without any conditions. The second group of economic crimes (conditional crimes) includes acts committed under certain conditions. Consequently, the instruction determined the criteria (signs) under which the identified crime can be classified as an economic crime related to the subject of the crime, the objective side of the crime (the act is related to the process of carrying out production, economic and financial activities or under the guise of its implementation) and the source of detection crimes (accounting documentary audits or inspections by regulatory and supervisory authorities). In addition, the guidelines define the conditions related to specific acts under which they can be classified as economic crimes.

The third group of crimes of an economic nature (conditionally associated crimes) includes: 1) crimes provided for in Art. 163, part 3 art. 175, part 1 art. 309, Art. 312, 315, 325, 327 of the Criminal Code of the Russian Federation, only if they are identified during the detection of crimes falling under List No. 1 or List No. 2.

An analysis of the articles of the Criminal Code of the Russian Federation included in the reviewed Lists gives grounds for the conclusion that economic crimes are determined by acts related to production, economic and financial activities, committed by a wide range of persons (officials, financially responsible and others performing organizational, administrative or administrative duties). economic functions; having access to the subject of a criminal attack, but not having these functions; performing duties to protect property or the facility in which it is stored, without financial liability). At the same time, it should be noted that this kind of guidance is intended to meet the needs of statistical accounting to delineate the competence of criminal investigation apparatuses and apparatuses for combating economic crimes, as well as to record the results of their work, rather than to define the concept of an economic crime.

In the literature one can find the following judgments about the concept of economic crimes. Some authors, for example, A.V. Pokamestov, believe that these crimes received their name “crimes of an economic nature” in statistical reports and formulate a definition from it. Other authors propose to replace the concept of “crimes in the sphere of economic activity” with the concept of “crimes of an economic nature,” which is not used in practice in the statistical reporting of law enforcement agencies.

I. I. Rozhkov proposed all crimes that have such generic characteristics as: causing damage to a functioning economic structure; carrying out criminal acts under the guise of legitimate business transactions; the construction of criminal activity on such information schemes as disinformation (lies) and meta-disinformation (deception) is designated by the terminological phrase “crimes of an economic nature.” Some authors attempt to reveal this type of crime through a number of inherent characteristics: the sphere of their commission is property relations and economic activity; they are characterized by a selfish nature, collectivity and anonymity of victims, significant damage, ongoing systematic nature; they are committed in the process of professional activity, and the encroachment is aimed at the order of economic management in various sectors of the economy. However, as A.V. Shmonin quite rightly noted, the list of proposed signs of economic crimes does not fully correspond to modern criminal reality.

At the same time, the analysis of existing points of view on the definition of the concept under consideration and the provisions of regulatory legal acts allows us to join the authors who define this type of crime through its constituent categories: “crime”, “economics”, “direction”. Under crimes, according to Part 1 of Art. 14 of the Criminal Code of the Russian Federation, is understood as socially dangerous acts that are prohibited by the Criminal Code of the Russian Federation, committed guilty under the threat of punishment. Economy can be defined as: 1) a set of production relations that correspond to a given stage of development of the production forces of society, the dominant mode of production in society; 2) organization, structure and state of economic life or any branch of economic activity; 3) a scientific discipline that studies any branch of production or economic activity. Direction is understood as aspiration, concentration in some direction. At the same time, direction is closely related to orientation, which is understood as: 1) the ability to choose a direction, understand the situation, or 2) directions in views and activities. In economic relations, orientation can be defined as the direction of actions of an economic entity and its choice of such direction.

In this regard, the essence of crimes of an economic nature is manifested in the commission of acts aimed at causing harm to materially mediated (economic) relations that develop in the process of production, exchange, distribution and consumption of material goods or under the guise of such relations or conditioned by them.

In our opinion, the “economic” feature that characterizes crimes of an economic nature is expressed, first of all, not in the fact that this act encroaches on normal economic activity, but in the fact that such an act is determined by the sphere of commission of the crime - the economy. Crimes of an economic nature include acts related to the use of the existing economic mechanism (a set of organizational and economic forms) to achieve their criminal result. Moreover, such acts may be within the framework of the economic-legal mechanism, but allow violation of this mechanism, or the acts are initially criminal types of economic activity, but have connections (by necessity) with existing economic-legal mechanisms.

Thus, crimes of an economic nature can be understood as intentional, socially dangerous acts provided for by criminal law that encroach on social relations arising for the purpose of carrying out legal activities for the production, distribution, exchange and consumption of material goods and services, causing or creating the possibility of causing harm to participants in such relationships. Moreover, these acts can be committed both by subjects carrying out professional activities on a legal basis, and by those who use it to commit a crime or imitate its implementation for the criminal use of the processes of production, exchange, distribution and consumption of material goods.

ZUBATY Pavel Petrovich Associate Professor, Department of Management of Crime Investigation Bodies, Academy of Management of the Ministry of Internal Affairs of Russia

Methods of offenses

The subjects of economic crimes include money (rubles, currency), goods, material objects, credit relations, rights of citizens and organizations of a property and other nature. The possession of the objects of encroachment is carried out under the guise of banking, entrepreneurship, and financial transactions. In the tax sphere, evasion from making mandatory payments and fees is distinguished, and damage is represented by the failure of the budget to receive funds provided for by law.

Ways to achieve a criminal goal

According to the features of practical application, they are divided into several groups:

  • simple (activities of ordinary people buying or selling goods, providing services, working without registration and tax documents, with the exception of accounting for the income part, without paying fiscal fees);
  • complex (legally operating banking structures illegally establish branches and departments for fraudulent activities with money, currency notes, entrepreneurs legally register commercial structures to cover up illegal acts ─ areas of concealing profits, drug trafficking and other things, and also withdraw funds offshore, obtain the right to own real estate , escape the tax burden, and make other profits).

Concealment of economic crimes

It is presented as follows:

  1. Forged documents are used to indicate the acquisition of commercial structures in foreign countries. Interested structures are provided with a set of constituent documents that do not have legal force. Fictitious credit and bank account details are entered.
  2. The administrative level of banks conducts transactions with currency, opens deposit accounts for persons who do not have licensing rights, and, if available, upon the expiration of their terms.
  3. For financial fraud, new enterprises are organized on the basis of previously liquidated ones.
  4. Direct payments are made using unaccounted funds (“black cash”) for work and rentals (warehouses, retail space, parking lots).
  5. Material assets are supplied from accumulated surpluses, the cost of real estate and goods is underestimated (increased), and at the same time funds are sent to the accounts of organizations with tax benefits.
  6. Falsification and forgery of documents are carried out when paying off credit debts, fictitious contracts and statutory documents of enterprises are provided, and falsely documented guarantees of government agencies and organizations are provided.
  7. Establishment of businesses and bank accounts for non-existent persons or persons not related to commercial activities.
  8. Organization of “double” accounting of financial and administrative and economic transactions, payment with hidden funds.
  9. Transfer of funds to offshore to pay for non-existent transactions (previously liquidated material assets, raw materials), while the cost is underestimated and the margin is appropriated.
  10. Depersonalization of accounts (checks, bills of exchange and auction documents).
  11. Payment for fictitious advisory or similar services.

Traces of criminal acts committed are established by checking the documentation accompanying the transaction. Thus, they may be contained in a package of documents for the initiation of bank accounts (compliance with samples of seals, signatures on incoming and outgoing orders). Illegal actions of a property nature are identified by checking trust documents, land deeds, invoices, payments, waybills, invoices for goods and the like.

It should be noted that the methods of committing these crimes often have a close connection and complement each other. Investigative actions overwhelmingly find economic crimes to be multi-component.

Punishment

Criminal liability for crimes in the field of economic activity is provided for by the provisions of the eighth section of Chapter Twenty-two of the Criminal Code of the Russian Federation in relation to persons who have encroached on the right of legal entrepreneurship, enshrined in the eighth article of the Constitution of the Russian Federation, or who have committed illegal actions against them or the state.

Punishments for illegal actions in the economic sphere are assigned based on the level of danger to public relations, the characteristics of the acts and the personality of the offender and are divided into two groups:

  • not related to an encroachment on freedom (monetary penalties, deprivation of positions and activities, forced and compulsory labor);
  • restricting or depriving freedom (arrest, detention in institutions of the penitentiary system).

Punishment not related to infringement of freedom

The following options are possible here:

  1. The application by the court of penalties, as the main or additional type of punishment for an offense, is determined by the limits of one million rubles or the person’s income for a five-year period. A monetary penalty is provided under the article for acts against property (Articles 158 - 168 of the Criminal Code of the Russian Federation), illegal activities (Article 169 ─199.2 of the Criminal Code of the Russian Federation). The application of a monetary penalty is aimed at compensating the harm to the state, and also does not allow the criminal to take advantage of the results of criminal activity. The deposit period is limited to 30 days. In special cases, payment may be made in installments, and the period may be increased to three years.
  2. Deprivation of the right to occupy positions and activities is associated with the termination of authorized actions for a certain period. Job restrictions apply not only to persons engaged in managerial work, but also to citizens holding positions related to the financial movement of funds and valuables (accountant, economist, storekeeper and others).
  3. Restrictions on activities apply to both work circumstances and personal activities. The duration of punishment for a misdemeanor cannot exceed five years.
  4. Correctional labor is assigned within the framework of general procedural and legal practice. The only obligatory condition is the withholding of funds determined by the court from the wages of the person serving the sentence. The limits of punishment are determined by the interval from 2 months to a two-year term.
  5. Mandatory work may be assigned within the scope of general practice. For economic crimes, the maximum sentence is two hundred and forty hours.

The difference between compulsory labor and other punishments for economically unlawful acts is represented by the gratuitousness of labor and the determination of hourly performance of duties assigned by the court.

Measures restricting or depriving freedom

We can highlight:

  1. Restriction of freedom for persons who have committed crimes in the economic field is represented by a maximum term of up to three years. The conditions for carrying out the sentence and release correspond to the criminal practice of serving it.
  2. The peculiarity of arrest is that its purpose cannot be conditional. They are used, as a rule, in conditions of severe evasion of punishments not related to an encroachment on freedom.
  3. Deprivation of liberty. It is characterized by the placement of the convicted person in institutions of the penitentiary system. For economic crimes, the maximum sentence is fifteen years. Age and category restrictions, statute of limitations for convicted persons comply with the general procedure.

Making decisions on punishment for crimes in the field of economic activity involves considering the possibility of applying a measure that does not restrict (deprive) freedom if there are sufficient grounds for this.

High-profile economic affairs

Criminal cases of an economic nature within the framework of the law enforcement system are handled by employees of the Department of Economic Crimes of the Ministry of Internal Affairs, and if there is a likelihood of causing particularly large damage to the interests of the state and statehood, by employees of the FSB. Recent years have been marked by certain successes of these departments in identifying and suppressing criminal activities in government and commercial structures. Dialogue with criminals can be conducted in the language of the inevitability of punishment.

The most high-profile economic cases are:

  1. A. Ulyukaev served as Minister of the Government of the Russian Federation for three years. For a fee of 133 million rubles, he facilitated the issuance of an examination in relation to PA Rosneft for the acquisition of a 50% stake owned by the state-owned PA JSOC Bashneft. It should be said that the news outraged the public with the level of corruption. Convicted under Art. 290 part 6 to eight years of imprisonment with a strict regime.
  2. Regional officials are involved in the extortion case (deputy governors A. Ivanov, A. Danilchenko, head of the IC department - S. Kalinkin). They are accused of illegally demanding the provision of auction control worth at least 1 billion rubles. Their actions fall under Part 3 of Art. 163, which provides for a maximum term of fifteen years.
  3. Business entities represented by the executive director of the Renovo association E. Olkhovik, the general director of T Plus B. Vainzikher, and the retired general director of VimpelCom M. Slobodin sent funds to representatives of the ex-leadership of Komi for providing the population with inflated tariffs for the supply of energy and heating . There was also the giving of a bribe for the creation of favorable conditions for work in Komi JSC “Integrated Energy Systems”. Amount ─ 800 million rubles. Charged under Art. 291 part 5, which provides for imprisonment for twelve years.
  4. The ex-head of the region, N. Belykh, personally and through third parties, received money from an entrepreneur who controls large business associations in the Kirov region for creating exceptional conditions for doing business. Received at least 24 million rubles. Charges were brought under Article 290, Part 6 (up to fifteen years).
  5. Minister and Deputy Minister of Road Facilities of the Kaluga Region A. Belozerov and P. Luchko. Detained on charges of multiple bribery in the amount of 100 thousand to 1 million rubles for concealing defects in the repair of street surfaces, deficiencies in the maintenance of roadside areas, unhindered acceptance of work and their priority payment. The total amount of the bribe is about 2.9 million rubles. A case was initiated under Part 6 of Art. 290 – up to fifteen years in prison.

An analysis of economic corruption crimes that caused a resonance in society shows that over a two-year period, the average bribe amount for them was approximately 240 million rubles, and the defendants were represented by officials at the regional level.

Number of crimes in Russia by year and type (Table, statistics)

The tables contain statistics on the number of crimes in Russia by type, by individual categories of persons and by regions and constituent entities of the Russian Federation, for 2022, 2022, 2022 and earlier periods for comparison and analysis.

Registered crime is a socially dangerous act identified and officially registered under criminal law.

Number of crimes in Russia by type table

The table contains statistics on the number of registered crimes in Russia by type for the period from 1990 to 2022

Types of crimes Number of crimes by year, thousand
1990 2000 2005 2010 2014 2015 2016 2017 2018 2019
Total crimes registered 1839,5 2952,4 3554,7 2628,8 2190,6 2388,5 2160,1 2058,5 1991,5 2024
including:
murder and attempted murder 15,6 31,8 30,8 15,6 11,9 11,5 10,4 9,7 8,6 7,9
intentional infliction of grievous bodily harm 41,0 49,8 57,9 39,7 32,9 30,2 27,4 24,6 23,2 21,5
rape and attempted rape 15,0 7,9 9,2 4,9 4,2 3,9 3,9 3,5 3,4 3,2
robbery 83,3 132,4 344,4 164,5 77,7 72,7 61,5 56,9 50,1 45,8
robbery 16,5 39,4 63,7 24,5 14,3 13,6 11,4 9,1 7,5 6,7
theft 913,1 1310,1 1573,0 1108,4 908,9 1018,5 871,1 788,5 756,4 774
terrorist act1), units 135 203 31 33 8 25 37 31 43
crimes related to drug trafficking 16,3 243,6 175,2 222,6 254,7 236,9 201,2 208,7 200,3 190
violations of traffic rules and vehicle operation 96,3 52,7 26,6 26,3 28,4 26,7 22,0 21,0 20,1 19,6
of which by negligence resulted in the death of a person, two or more persons 15,9 15,4 15,7 10,3 10,6 9,5 7,9 7,5 7,2 6.8
bribery2) 2,7 7,0 9,8 12,0 11,9 13,3 10,0 6,3 7,1

1) Before 2007 - terrorism.

2) Until 2016 – crimes provided for in Art. 290, 291, Criminal Code of the Russian Federation, in 2022 - crimes under Art. 290, 291, 291.1 of the Criminal Code of the Russian Federation.

In 2022, the following were registered: 89 facts of banditry, 378 facts of kidnapping, 109.5 thousand economic crimes, of which 30.1 thousand were committed on a large or especially large scale, or caused large, especially large damage.

Number of crimes committed by certain categories of persons

Number of crimes committed: 2000 2005 2010 2015 2016 2017 2018
minors or with their complicity 195,4 154,7 78,5 61,8 53,7 45,3 43,6
persons who have previously committed crimes 651,5 517,4 530,7 688,8 674,9 650,6 634,0
in Group 419,0 246,7 145,4 110,6 104,4 98,2 98,8
including organized 36,0 28,6 22,3 13,7 12,6 13,2 15,6
intoxicated 442,7 311,8 237,3 401,0 440,2 378,0 351,6
under the influence of drugs 18,9 8,1 14,8 33,2 28,2 23,9 14,6

Statistics of the number of crimes by region of Russia table

The table contains statistics on the total number of crimes by region of Russia for 2022, 2022, 2022, 2015, 2014 and 2011 for comparison, which were registered by law enforcement agencies during the reporting period.

Regions of Russia, Subjects of the Russian Federation Total number of crimes by regions of Russia
2011 2014 2015 2017 2018 2019
Russian Federation 2404807 2190578 2388476 2058476 1991532 2024337
Altai region 44940 44096 48582 40055 38413 37058
Amur region 18091 17254 19475 18505 17536 19508
Arhangelsk region 24015 19068 22311 19193 18962 19150
Astrakhan region 22687 15799 14774 13432 13427 13110
Belgorod region 15895 14296 15792 12744 13163 14205
Bryansk region 19467 17100 17323 14447 14287 14369
Vladimir region 23831 18807 21348 18257 17263 16787
Volgograd region 40017 36417 41696 39881 38539 41122
Vologda Region 25289 24460 29230 20492 17866 17726
Voronezh region 27027 33747 39298 32571 29308 30808
Far Eastern Federal District 129346 130090 134418 116225 155994 155092
Jewish Autonomous Region 3719 3465 3624 3612 3663 3555
Transbaikal region 30485 32150 33373 26992 24341 23573
Ivanovo region 17207 14874 15143 15943 14036 13894
Irkutsk region 58488 53162 53552 46026 44971 45929
Kabardino-Balkarian Republic 8285 7881 8647 6729 6620 7491
Kaliningrad region 15192 15573 16502 17231 13734 14911
Kaluga region 15086 16808 18218 17638 16941 15595
Kamchatka Krai 5335 4978 5726 6135 5978 5778
Karachay-Cherkess Republic 3960 3421 4052 4053 4066 4553
Kemerovo region-Kuzbass 67369 61990 62686 57058 53089 53768
Kirov region 20274 22123 25833 21143 20357 19110
Kostroma region 9258 8001 9314 8853 7969 8257
Krasnodar region 66351 68959 75047 67662 68120 71588
Krasnoyarsk region 63087 56359 62282 51085 45902 46530
Crimean Federal District 23951 36118
Kurgan region 21585 20425 22269 17874 17460 17101
Kursk region 16904 13249 14224 11864 12210 13203
Leningrad region 24665 19498 20322 18409 21677 24313
Lipetsk region 15376 12334 14406 12690 12344 12181
Magadan Region 3220 3080 3309 2771 2951 2885
Moscow region 113869 91061 89183 84307 80299 77049
Murmansk region 15970 12881 18556 12773 12085 12117
Nenets Autonomous Okrug 772 655 840 779 857 754
Nizhny Novgorod Region 65614 38560 41177 42127 41638 43029
Novgorod region 11193 12820 13068 11103 10887 10909
Novosibirsk region 56541 46547 53273 44349 47702 50207
Omsk region 29855 29014 30746 28467 26927 24868
Orenburg region 31032 27613 30762 27212 26228 26792
Oryol Region 12614 11684 11760 8848 8993 8959
Penza region 14969 13420 13818 11819 12829 12923
Perm region 58394 51919 58231 43995 42206 42951
Volga Federal District 490394 401875 451206 392114 380451 389913
Primorsky Krai 45637 48846 47408 36619 32825 31085
Pskov region 11301 8878 10944 8280 7963 8206
Republic of Adygea 4566 4045 4958 4014 4106 4709
Altai Republic 4921 4348 5318 4631 4602 4268
Republic of Bashkortostan 68471 53111 70938 60996 57428 55347
The Republic of Buryatia 24137 24592 27797 23610 23511 22131
The Republic of Dagestan 12550 13817 15130 14608 14809 13627
The Republic of Ingushetia 1933 1623 1728 1606 1655 1800
Republic of Kalmykia 3799 2895 3173 3028 2749 2797
Republic of Karelia 14258 12655 15698 11293 11954 12334
Komi Republic 17247 20730 23926 17233 16734 16985
Republic of Crimea 18248 27842 21711 22414 20979
Mari El Republic 10842 7419 8360 7352 7664 7754
The Republic of Mordovia 7767 8908 9190 7962 7730 8060
The Republic of Sakha (Yakutia) 15098 10715 11846 12399 11936 12387
Republic of the North Ossetia-Alania 6618 5977 6728 7145 7204 9503
Republic of Tatarstan 55318 44781 52080 46093 43586 49839
Tyva Republic 5554 6588 8439 11668 9254 8626
The Republic of Khakassia 10799 13921 13774 11528 10940 10640
Rostov region 56282 54081 62271 59113 55460 60914
Ryazan Oblast 9716 9656 10364 9542 9348 10250
Samara Region 62445 50751 49364 44029 41461 42640
Saratov region 32740 27182 29757 28833 29032 29315
Sakhalin region 10026 11509 11270 11449 9996 9475
Sverdlovsk region 77347 69647 72267 58301 55434 57757
Northwestern Federal District 219220 203681 227877 188924 184139 186032
North Caucasus Federal District 72306 69695 75969 69820 69987 75497
Siberian Federal District 418983 393383 422926 364252 299661 299554
Smolensk region 18220 13754 13761 13002 12525 13958
Stavropol region 34706 33476 36259 31726 32303 34744
Tambov Region 13548 11473 13232 11510 12010 12658
Tver region 28936 20292 22926 20051 19581 20732
Tomsk region 22807 20616 23104 18783 17861 17660
Tula region 14681 12281 13200 12550 13432 13046
Tyumen region 35132 30248 30979 26452 25639 26648
Udmurt republic 27965 26875 29548 24173 25293 27060
Ulyanovsk region 16573 15431 16460 13586 13175 12663
Ural Federal District 251664 216176 229510 201747 192376 196304
Khabarovsk region 27492 29598 30946 24023 22509 23940
Khanty-Mansi Autonomous Okrug 31152 24140 23785 22648 21276 20699
Central Federal District 563746 517802 556490 462824 450961 455741
Chelyabinsk region 77053 62708 70602 68213 64862 66567
Chechen Republic 4254 3500 3425 3953 3330 3779
Chuvash Republic 17990 13782 15688 12794 11824 12430
Chukotka Autonomous Okrug 728 645 814 712 748 775
Southern Federal District 193702 182196 201919 213700 208898 219457
Yamalo-Nenets Autonomous Okrug 9395 9008 9608 8259 7705 7532
Yaroslavl region 18483 15512 21759 17873 16710 17709
Moscow 173628 182873 195239 140134 140542 142081
Saint Petersburg 59318 56463 56480 52138 51420 48627
Sevastopol 5703 8276 4859 4083 4238

_______________

A source of information:

1).

2). General Prosecutor's Office of the Russian Federation

Advice from a lawyer on security measures when running a business

The peculiarity of the activities of entrepreneurs is represented by financial and property risks, the degree of which is commensurate with all personal savings and acquisitions throughout life. In this regard, it is essential to know possible mistakes in business, to be able to identify them in a timely manner and prevent the onset of negative consequences.

Risks

A conditional classification that includes the following will help to understand possible mistakes in entrepreneurship:

  • tax risks ─ the result of involuntary (intentional) errors in maintaining financial records, do not exclude the possibility of an incorrect audit by tax authorities;
  • contractual ─ their essence lies in the risks of non-fulfillment by the counterparty of the agreement, assumed obligations, manifested in the emergence of the need to clarify relations in the courts or the world order;
  • personnel risks arise if an entrepreneur attracts hired workers to work, the consequence is labor disputes, failure by them to fulfill assigned duties, identification of facts of criminal acts (theft, various forms of sabotage);
  • violations of laws and regulations, consisting of ignoring or failure to comply with licensing requirements, sanitary and epidemiological standards, fire safety measures, etc., and are manifested by the presentation of claims from regulatory government bodies;
  • acts of third parties associated with fraudulent actions against an entrepreneur and his business manifest themselves in explicit and latent forms.

Thus, many risks arise as a result of mistakes in organizing a business, building relationships with partners and deviations from the framework of current legislation.

Security measures

In order not to encounter fraud in the economic sphere, and not to become a victim of financial fraud, you must always clearly assess the risks of your activities. During your business activities, pay more attention to tax accounting within your organization or enterprise, and if possible, involve experienced consultants.

Throughout the tax year, check your financial situation with the Internal Revenue Service. When drawing up contracts, use the services of experienced lawyers; they will ensure the legality of transactions and protect your rights. Respond in a timely manner to the occurrence of debts at the enterprise, optimize time and financial costs. When recruiting personnel, keep personnel records; this will avoid claims from the labor inspectorate and prevent the occurrence of labor disputes.

Economic security is closely related to the work of law enforcement agencies to identify and suppress crimes. You can protect yourself and your company from economic fraud by promptly seeking help when signs of a crime are detected.

Economic crime is a stable phenomenon, which, unlike other types of crimes, is very difficult to prevent. Criminal organizations are caused by the mutual influence of some criminogenic individuals on others, and accordingly, they are formed for a long period of time.

Criminal activity in the economic sphere, by decision of the organizers, can be “frozen” at certain stages if there is a risk of exposure, but then resumes again. That is why, in order to prevent and timely suppress economic crime, law enforcement agencies so often initiate inspections at enterprises and maintain strict control over business activities.

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