Criminal-legal and operational-investigative measures to counteract "white-collar" crime

Abstract

Currently, the Russian jurisdiction is endowed with such unattractive features for economic entities as excessive criminalization of offenses that do not pose a public danger, accusatory bias and opportunism of domestic justice. These defects of the punitive system make the development of the system of crime prevention relevant. In the punitive system, the role of the repression is dominant, while in the system of crime prevention it occupies a leading place. The relevance of the study is due to the fact that for further economic growth it is necessary not so much to punish "white-collar" crime, as to prevent it by means of limiting the list of criminally punishable acts in the field of intellectual professional activity and the use of preventive measures. According to the authors, the state policy in the field of professional offenses should change from punitive to preventive. In this regard, it is necessary: 1) decriminalize the minor "white-collar" crimes of minor gravity, highlighting these offenses in a separate chapter of the new Administrative Code of the Russian Federation, and in case of repeated commission of these offenses to bring the offender to criminal responsibility; 2) to spread the practice of using preventive measures in the activities of law enforcement units carrying out operational investigative activities; 3) to introduce departmental indicators of the work of the units of the bodies internal affairs carrying out operational and investigative activities for prevented offenses and unfinished crimes. These measures will prevent a personnel shortage in the field of highly intelligent professions in the context of the introduction of Western sanctions against Russia and will strengthen the economic security of the Fatherland.