К вопросу о составе преступления, сопряженного с незаконным предпринимательством (ст. 171 УК РФ) в свете теории криминализации и декриминализации

Abstract

The research is focused on the fact that illegal enterprise is characteristic of the whole world. At the same time, the informal sector of the economy accounts for 10 to 20 % of gross domestic product in developed coun-tries and about 60 % in emerging economies. We indicate that the Criminal Code of the Russian Federation re-flects responsibility for illegal enterprise in Article 171. We emphasize that there is a discussion at the doctrinal level about the expediency of having this corpus delicti. The purpose of the study: to analyze the (un)foundedness of the criminalization of corpus delicti associated with illegal business (Article 171 of the Crim-inal Code of the Russian Federation). Tasks: to analyze the social danger of an act related to illegal enterprise; characterize the relative prevalence of this act; to study the historical continuity of the reflection of this corpus delicti in the criminal law of Russia; conduct an analysis of foreign legislation to reflect such a corpus delicti. As a result, we analyze the social danger of this crime, as well as its compliance with the principles of criminaliza-tion, such as the relative prevalence of the act, compliance with historical succession and modern foreign expe-rience.