Corrupt Practice of Legal Persons as a Factor Restraining the Development of Russia
Abstract
The paper considers necessity to perfect the current law of the Russian Federation with respect to legal persons committing crimes in economy. Evidence of corrupt practice of legal persons utilizing budgetary funds are given. The objective side of such crimes is represented by inappropriate utilization of the federal budget on an especially large scale. At that, criminality has a dual character. On the one hand, the subjects of such crimes are the state or municipal structures possessing the corresponding finances. On the other hand, there are legal entities of private law taking advantage of the legal uncontrolled from the side of the state and liberality of the current law. The recognition of the status of a legal person as a subject of crimes injurious to the public provides a basis for solving the problem. Russian legislation must be reduced to the international norms, protection of the constitutional order of the state, the economy of which is shaped by legal persons. The laws must adequately correspond to the criminological situations, take into account the foreign experience, contribute to the active counteraction to formation of criminal communities, elimination of discrepancies in legal norms of the Russian Federation administrative and criminal law.References
[2] Anti-Corruption Federal Law, Federal law ‘On opponency to corruption’ of 25.12.2008 No. 273-FZ.
[3] Antonov, V.N. et al. 2008. Criminal law of Russia and APR countries: Corporate research. Vladivostok.: Publishing House of the Far-Eastern University, 2008, p. 270.
[4] Audit Chamber counted violations of budget to the amount of nearly 500 billion. 2011. https://www.bfm.ru/news/127903 Accessed 12 Aug 2016.
[5] Audit Chamber has found traces of budget violations to the amount of more than a trillion rubles a year (2015) http//www.ntv.ru/novosti/1295803/ Accessed 12 Aug 2016.
[6] Convention of United Nations Organization against corruption of 31.10.2003.
[7] Corruption Perception Index (1995-2016) http://transparency.org.ru/indeks-vospriiatiia-korruptcii/blog Accessed 12 Aug 2016.
[8] Council of Europe. 2003. Convention on criminal liability for corruption, (ETS No.173). Strasbourg, 27.01.2003.
[9] Criminal Code of the Russian Federation. 2009. Moscow: Omega -– L., 2009.
[10] FLB Freelance Berau (1999-2016) www.FLB.ru Accessed 20 May 2016.
[11] Nabiullina: CBR looks at the February inflation data with ‘cautious optimism’ (2016) http://tass.ru/ekonomika/2703832 Accessed 12 Aug 2016.
[12] Russian expert (2015) http://ruxpert.ru/ Accessed 20 May 2016.
Keywords
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