Legislative Innovations in the Field of Criminal Law Regulation of Liability for Unlawful Actions in Bankruptcy

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Abstract

Every year, the number of cases of insolvency (bankruptcy) increases in domestic law enforcement practice. Negative statistics regarding the economic condition of economic entities on the Russian market creates a challenge to the financial security and sovereignty of the state. At the same time, some of the precedents of insolvency (bankruptcy) of an organization are carried out in violation of civil or procedural norms, and some more of such actions include criminogenic signs that are subject only in some cases to qualification under articles 195-197 of the Criminal Code of the Russian Federation. Such a criminogenic situation indicates a high level of latency of the elements of crimes that establish criminal liability for unlawful bankruptcies, which is due to the complexity of the dispositions formed in the criminal law. In this regard, there is an increasing need for the formation of legislative innovations in the field of overcoming the determinants of the commission of illegal cases of insolvency (bankruptcy) and in order to overcome the problems arising in the process of financial investigation of crimes from the group under consideration.

About the authors

Anna N. Kameneva

Lomonosov Moscow State University

Author for correspondence.
Email: anna.kameneva.msu@mail.ru
Scopus Author ID: 703033

Cand.Sci.(Law), Associate professor, associate professor of the Department of economic and financial investigations, Higher School of state Audit

Russian Federation, Moscow

References

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