Bayanov D.A. —
Sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurship
// Law and Politics. – 2017. – № 6.
– P. 63 - 77.
DOI: 10.7256/2454-0706.2017.6.43065
URL: https://en.e-notabene.ru/lamag/article_43065.html
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Abstract: The subject of this research is the sanctions of norms of the Criminal Code of the Russian Federation (CCRF) on crimes in the area of entrepreneurship. The author conducts a detailed analysis of the aforementioned sanctions from the perspective of criminal punishments used in their structuring, as well as evaluates the level of alternativeness of such sanctions and justification of application of the cumulative construct of sanctions by a legislator. The author also examines the limits of the sanctions, and calculates the medians of punishment in form of penalty and incarceration. In addition, the article compares the size of penalty and prison sentences stipulated by sanctions of norms of the Criminal Code of the Russian Federation on crimes in the area of entrepreneurial activity for the purpose of establishing the presence (or absence) of correlations between them. The author comes to a conclusion that there is no uniform scientific approach towards the structuring of sanctions of norms of the CCRF on crimes in the area of entrepreneurial activity, which manifests in a number of major flaws of the sanctions: 1) insufficient fluency in escalation of repression of a punishment within the alternative sanctions; 2) illogical and inefficient implementation of a cumulative construct of sanctions by a legislator; 3) excessive range of the limits of crimes within the sanction, which unreasonably expands the frames of judicial discretion and affects the infliction of just punishment. Thus, it necessitates the establishment of a solid scientific foundation for structuring the sanctions of norms pertaining to crime in the area of entrepreneurship.