Social Condition of Criminal Bankruptcy of Individuals in Russia

Abstract

Introduction. The social conditionality of criminal bankruptcy is revealed through its historical analysis.
 The origin of the institution of economic insolvency is associated with the emergence and development of
 market and commodity-money relations. Under the influence of socio-economic conditions, this institution
 underwent various changes. Purpose. The purpose is consider the development of the institution of bankruptcy
 in Russia through the prism of political economic relations, to show that it is precisely such relations that
 determine the degree and extent of its criminality. Methodology. The author used historical and political
 economic analysis. Results. Three periods can be distinguished in the development of the institution of
 insolvency in Russia: nationally distinctive, enlightened absolutism, and post-Soviet. In the first period in
 Russia, there was an institution of enslaved servitude, which was incorrectly identified with bankruptcy. The
 tendency towards the enslavement of peasants and servants caused a host of undesirable consequences,
 including the ruin of taxpayers, flight from debts, and riots, which led to the policy of state restriction of the
 interests of creditors. The institution of bankruptcy comes to Russia from the West during the Petrine and postPeter era and finally takes shape during the period of enlightened absolutism. The attitude towards debtors
 clearly follows the political line determined by the autocracy. Opposition to the criminal bankruptcy of
 individuals was most fully embodied in the Criminal and Correctional Penal Code of 1845. It was determined in
 three directions: recipients who violate loan rules; to attorneys, certifying the obligation both to the
 bankruptcies and insolvent persons themselves, as well as to persons involved in bankruptcy. The post-Soviet
 period begins with the restoration of capitalism, and in artificial form. The natural course of development of
 capitalism spans more than one century. In Russia, it was recreated in three decades. As a result, an economic
 model is created that is far from the classical one. The differences are in the degree of its criminality and
 criminogenicity. The institution of bankruptcy plays a significant role in creating the modern Russian model of
 capitalism, and from this point of view, three periods can also be distinguished in its development, in each of
 which specific political goals are highlighted: 1) the destruction of the socialist economy; 2) the initial
 accumulation of capital; c) regulatory settlement. Conclusion. The bankruptcy institution is actively developing
 when economic relations are criminalized. In Soviet times, bankruptcy as an institution was not in demand,
 since socialist economic relations were not needed in it. This indicates that the economy under socialism was
 the least criminalized, since the institution of criminal bankruptcy is needed under capitalism, the nature of
 which was initially criminal. A planned economy excludes bankruptcy of the enterprise, and the main principle
 of socialism “All for the good of man!” makes it almost impossible for a person to fall into legal economic
 dependence.