Объективные признаки состава преступления, сопряженного со злостным уклонением от погашения кредиторской задолженности (ст. 177 УК РФ)

Abstract

We consider objective essential elements of offence associated with malicious evasion from satisfaction of accounts payable. We emphasize that at the present time there is a polemic among scientists regarding the di-rect object of this crime and its subject, and there are also evaluative elements that characterize the objective side of this crime. Therefore, based on the analysis of Article 177 of the Criminal Code of the Russian Federation and doctrinal points of view, we conclude that it should highlight the main direct object – economic relations associated with lending and an additional direct object – social relations associated with the sphere of justice. The subject of this crime will be money and securities, but not accounts payable. Thus in relation to the funds, the debtor is indebted in an amount exceeding two million two hundred fifty thousand rubles, while in relation to the securities the debt by the legislator in Article 177 of the Criminal Code is not specified. Regarding the elements of the objective side of the crime composition under consideration, we note that it is characterized as malicious evasion from satisfaction of accounts payable on a large scale or from redemption of securities after the entry into force of the relevant judicial act. Taking into account judicial practice and doctrinal points of view, we conclude that in order to uniformly interpret and apply Article 177 of the Criminal Code of the Russian Federation, it is necessary to replace the word “maliciousness” with “intentional non-payment”, or give an official interpretation of the category of “maliciousness”, but without emphasizing the practice that follows certain (individual) court sentences. For example, maliciousness can be understood as “deliberate non-payment by a person of a debt, when he can fulfill his financial obligations, after one warning from the bailiff-executor about criminal liability under Article 177 of the Criminal Code of the Russian Federation”.