MEANS OF DIFFERENTIATION OF RESPONSIBILITY FOR IMPLEMENTATION OF FINANCIAL CRIMES

Abstract

Introduction: modern criminal legislation in terms of ensuring the criminal-legal protection of financial relations needs substantial processing. This is due to the unsatisfactory quality of the differentiation of criminal responsibility carried out for committing socially dangerous encroachments on financial relations. This circumstance is an artificial obstacle to the application of the criminal law with a view to preventing economic (financial) crime. Methods: dialectical, comparative legal, logical, system analysis and forecasting method. Analysis: the state of the differentiation of the responsibility, defined by the legislator for the commission of financial crimes, can be considered unsatisfactory for a number of reasons. Firstly, the established responsibility for certain financial crimes does not reflect the significant public danger that is inherently inherent in financial crimes. Secondly, criminalization of separate, previously unknown to the Russian criminal law, acts committed in the financial sector, has complicated enforcement activities of law enforcement and judicial authorities since the emergence undue competition with other norms of responsibility for crimes in the sphere of economic activity. Thirdly, the extension provided for by the criminal law of the possibility of release perpetrators financial and other economic crimes, negative impact on the prevention of economic crime. Results: the study made a number of proposals to waive inclusion in the domestic criminal law of duplicate rules on liability for financial crimes, to reduce the possibility of release from liability for committing financial crimes, as well as the technique of forming the rules of sanctions on the responsibility for committing both financial and economic crimes in general.