Ryzhov A.N. —
Criminal law characteristics of unlawful acts in a bankruptcy of an individual who does not have the status of an entrepreneur
// Law and Politics. – 2020. – ¹ 9.
– P. 65 - 80.
DOI: 10.7256/2454-0706.2020.9.43375
URL: https://en.e-notabene.ru/lamag/article_43375.html
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Abstract:
The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.