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Title

Issues of criminal doctrine in the expediency of establishing a general rule of exemption from criminal liability for certain economic crimes

Authors

Grishin Denis Alexandrovich, candidate of legal Sciences, associate Professor. Associate Professor of Civil Law NOU VPO “Ural Financial Law Institute”. 620075, Ekaterinburg, Karl Liebknecht Str., Bld.1. E-mail: denn_81@mail.ru

Section

Criminal legal doctrine

Issue

5/2015

Page

98-103

index UDC

343.37 + 343.265

index LBC

 

Abstract

This article analyzes the art. 76.1 of the Criminal Code «Exemption from criminal responsibility for crimes committed in the sphere of economic activity », which was enshrined in the General Part of the Criminal Code of the Russian Federation by the Federal Law of 07.12.2011 № 420-FZ. Revealed the need and priority of protection the economic interests using various methods. Emphasizes the special attention of the legislator to the institution of exemption from criminal liability, which is confirmed by the adoption of the Supreme Court Plenum Resolution of the Russian Federation from 27.06.2013 № 19 «On the application of legislation regulating the grounds and procedures for excluding criminal responsibility». Based on the analysis, the author provides recommendations for improving the existing penal laws in the field of general application of the active repentance institute, as well as to the particular features of the exemption from criminal responsibility for crimes committed in the sphere of economic activity. Separately analyzes the issues of legislative and legal techniques that need to be taken into consideration when constructing the article 76.1 of the Criminal Code mentioned above.

Keywords

criminal liability, exemption from criminal liability, active repentance, crimes in the sphere of economic activity.

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