Features of criminal prosecution for intentional bankruptcy and for a combination of crimes with related compounds

Abstract

The subject of this study is a criminal law regulating liability for intentional bankruptcy in relation to fraud, abuse of authority and embezzlement, as well as forgery of documents. The assessment of the competition of the elements of crimes related to intentional bankruptcy traditionally arises in practice in the vast majority of criminal cases considered by the courts. The problem of considering the issue of the correct qualification of the actions of the perpetrator, which led to the insolvency (bankruptcy) of the enterprise, is based on the presence of concomitant actions indicating signs of related crimes, as well as in the double accounting of one damage by several compositions. The purpose of this study, first of all, is to choose the distribution of aspects of competition, the totality and the general ratio of crimes related to intentional bankruptcy. Such an analysis of the constructions of criminal law norms will ensure the identification of the main differentiating factors in the qualification of the actions of the perpetrator that led to insolvency (bankruptcy). The main method in this study is a comparative legal analysis of competing crimes with reference to judicial practice. The novelty of this study lies in the need to study not only related elements of the crime, but also the introduced novel, which expanded the construction of Article 196 of the Criminal Code of the Russian Federation by introducing qualifying compounds capable of displacing some competing norms in practice. On the basis of which, the issue of the subsequent displacement of adjacent compounds by introducing appropriate qualifying features in Article 196 of the Criminal Code of the Russian Federation is considered. Thanks to this study, the actual problem of the correct qualification of the actions of the perpetrator in the presence of competitive compositions has been identified. Based on the results of the work done, proposals have been put forward for further improvement of legislation regulating the procedure for bringing to criminal responsibility for committing a crime under Article 196 of the Criminal Code of the Russian Federation and in case of competition with related offences under Articles 159, 160, 201, 327 of the Criminal Code of the Russian Federation.