THE POTENTIAL OF CATEGORIZATION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY

Abstract

Introduction: categorization of crimes is a means of making criminal law rules and differentiating criminal liability. The article considers the current approaches to categorization of crimes stated by Chapter 22 of the Criminal Code of the Russian Federation; most constituent elements of crimes are non-grave crimes. Methods: the authors analyze the fact that the gravity of a crime does not always correlate with the level of public danger of a crime. In this connection, the authors suggest changing the boundaries between crimes, and also between crimes and administrative offenses. The article considers a possibility of introducing criminal infractions in the sphere of liability for crimes against economic activity. Analysis: the authors underline that the Russian criminal policy in the sphere of economic activity should be based on the inter-branch model of combating crimes. Such a model includes regulatory legislation, administrative and criminal liability; but the share of criminal-law regulation should be minimized, and criminal liability should be applied in case of really dangerous acts. The authors think that the measure of real danger in the economic sphere is the size of real damage caused, which should be calculated including a possible useful economic effect occurring as a result of this or that act. Results: the authors suggest excluding a possibility of building constituent elements of crimes bordering administrative offenses solely on the quantity elements of an act and classify such acts only in the category of administrative offenses or only in the category of crimes. The authors suggest viewing crimes of little gravity in the sphere of economic activity only as criminal infractions leading to no conviction.