ПРОБЛЕМЫ ВОЗБУЖДЕНИЯ УГОЛОВНОГО ДЕЛА ПРЕДУСМОТРЕННОГО СТ. СТ. 195, 196 УК РФ НА ПРИМЕРЕ КРАСНОЯРСКОГО КРАЯ

Abstract

This article examines the controversial issues of the delimitation of criminal bankruptcies - crimes under following articles of the Criminal Code of the Russian Federation 195 "Wrongful actions under the procedure of bankruptcy", 196 "Deliberate bankruptcy" and 197 "Fictitious bankruptcy" - from the swindling (article 159), which is a form of theft. The issue of distinguishing crime bankruptcy from fraud is not new. It was analyzed by the pre-revolutionary and modern specialists in criminal law. However the problem is on the front burner. The purpose of the study: to develop and propose the main criteria that make it possible to distinguish between criminal bankruptcies and other related elements of crimes and, in particular, from fraud, to improve the fight against crimes committed in the field of insolvency (bankruptcy) institution. The objectives of the study: to analyze the main approaches to distinguishing between criminal bankruptcies and fraud that existed in the pre-revolutionary period and at present; to compare the objective and subjective features of the analyzed compounds with each other, highlighting the similar and distinctive features. Research methods: historical, comparative legal, system-structural, formal-logical and method of studying documents. The study was conducted on the basis of the results of criminal investigations by investigators of the investigating authorities in the Krasnoyarsk Territory from 1997 to the present, and an analysis of classical and modern scientific literature. In the author's opinion, an urgent adjustment of the commented norms of the sectoral legislation and a number of other (departmental) normative legal acts is able to stabilize the relevant legal relations and improve the effectiveness of the criminally-remedial and intelligence-gathering activities of the law enforcement agencies concerned.