Criminal law policy of the state in the sphere of economy and the problem of “harassment of business”

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In modern conditions, one of the key factors in the sustainable development of the state is the creation of favorable conditions for the functioning of business. At the same time, excessive pressure on business from the controlling and supervisory authorities looks unacceptable. The purpose of this article is to consider aspects of the formation of the criminal law policy of the Russian Federation in the sphere of the economy and, in particular, the problem of “prosecution of business”. Structural, comparative and system analysis were used as research methods. The analysis of statistical data on the facts of criminal prosecution of businessman and the current situation in Russia over the past 5 years is carried out. It is noted that today the state does not have a consistent criminal law policy in the field of economic activity. Proposals are presented for changing the criminal and criminal procedure legislation aimed at changing the current situation and improving the business climate in Russia. It is concluded that in order to reduce the criminal law burden on business, it is initially necessary to clearly define the tasks facing the criminal law in the economic sphere, carefully revise the criminal law norms on crimes in the sphere of economic activity, develop a criminal law policy in the economic sphere and then appropriate comprehensive changes - the formulation and adoption of new criminal law norms and types of punishments. In the future, it is necessary to correct the criminal procedure legislation, which will contribute to the eradication of the problem of prosecution of business in Russia.

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Criminal law policy, business, economics, prosecution of business, criminal law, penal law, punishment, criminal law norm

Короткий адрес: https://sciup.org/148325222

IDR: 148325222   |   DOI: 10.18137/RNU.V9276.22.04.P.117

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