Abstract
The article covers the legal and technical aspects of the construction of norms on the diversion of public funds and of national non-publicly funded scheme. The problem of intersectoral relations and logical and legal formalization of dispositions of Articles 285.1, 285.2 of the Criminal Code of the Russian Federation is analyzed. Attention is drawn to the presence of terminological ambiguity in these articles of the Criminal Code of the Russian Federation. It is noted that despite the fact that Articles 285.1, 285.2 of the Criminal Code of the Russian Federation have a blanket character, the legislator does not use the terminology of fiscal legislation, which undoubtedly creates significant difficulties in practice and is an obstacle to uniform law enforcement. The lack of updating of criminal legislation when making changes to the budget is indicated as an imperfection in the statement of the blanket norms. In addition, a number of fundamental documents defining budget execution are unreasonably excluded from the concept of diversion of public funds used in the Criminal Code of the Russian Federation. The legal and technical imperfection is also observed in the use of heterogeneous concepts in the formation of an open list of documents that define the goals of spending public funds. A number of definitions are not mentioned at all and are not disclosed either in the fiscal or in the criminal legislation, which creates legal ambiguity that is eliminated by law enforcement agencies at their discretion. Such an approach to the regulation of criminal law relations cannot be considered effective and answering the requirements of legal technology, as well as the objectives and principles of criminal law. The revealed imperfections in the presentation of the norms on the diversion of public funds and of national non-publicly funded scheme are subject to elimination at the legislative level by adjusting the dispositions of criminal law norms and bringing them into line with fiscal legislation.
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