Some trends in the decriminalization of acts in the sphere of economic activity

Abstract

The authors critically assess the emerging legislative practice of novelization of the Criminal Code of the Russian Federation. The paper establishes an avalanche-like process of introducing new crimes into the criminal law, often duplicating existing ones. Considering this phenomenon using the example of acts committed in the sphere of economic activity, a number of conclusions are formulated in the article on the basis of a comprehensive analysis of draft laws and adopted laws. The author argues about the tendency to introduce administrative prejudice into the criminal law, criticizes the criminalization of acts that clearly do not differ from the increased public danger from administrative and other offenses, formulates a conclusion about the advisability of decriminalizing certain types of crimes. In particular, according to the authors, it is necessary to change the design of Article 238 of the Criminal Code of the Russian Federation, excluding the formal composition of the crime.