Criminal Analysis of Premeditated Bankruptcy: Essential Characteristics of the Crime
( Pp. 108-112)
More about authors
Boris V. Yatselenko
Dr.Sci.(Law), Professor, Head of the Department of Criminal Law and Criminology
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russia Kurban V. Gurbanov postgraduate student of criminal law and criminology department, lawyer; Law Firm Odin k odnomu LLC
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia); Law Firm "Odin k odnomu"
Moscow, Russia; LLC, Moscow, Russia
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russia Kurban V. Gurbanov postgraduate student of criminal law and criminology department, lawyer; Law Firm Odin k odnomu LLC
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia); Law Firm "Odin k odnomu"
Moscow, Russia; LLC, Moscow, Russia
Abstract:
Abstract: The article examines theoretical and applied problems of criminal liability for deliberate bankruptcy (Article 196 of the Criminal Code of the Russian Federation) with an emphasis on the features of doctrinal interpretation and regulatory regulation. Scientific understanding of the stated problem pursued the goal of expanding the extensive fundamental knowledge already achieved by criminal legal thought about the essential features of the elements of its composition. Within the framework of the research objectives, through systemic, functional and logical-legal analysis, a systemic relationship between intentional bankruptcy in its contradiction and unity with the categories of bankruptcy legislation was identified.
The conclusion is substantiated that those provided for in Art. 196 of the Criminal Code of the Russian Federation, a socially dangerous act is a crime committed with the aim of illegally obtaining benefits in the form of the final liquidation of an organization, or avoiding liability for non-payment of debt.
The conclusion is substantiated that those provided for in Art. 196 of the Criminal Code of the Russian Federation, a socially dangerous act is a crime committed with the aim of illegally obtaining benefits in the form of the final liquidation of an organization, or avoiding liability for non-payment of debt.
How to Cite:
Yatselenko B.V., Gurbanov K.V. Criminal Analysis of Premeditated Bankruptcy: Essential Characteristics of the Crime // Gaps in Russian Legislation. 2024. Vol. 17. №5. Pp. 108-112. (in Russ.). DOI: 10.33693/2072-3164-2024-17-5-108-112. EDN: LLTQRD
Reference list:
Gavrilova N.A. Methodology for investigating intentional bankruptcies: dissertation. ...cand. legal Sci. – Moscow, 2020. – 238 p.
Ivanov N.G. Criminal bankruptcies: criminal legal characteristics: textbook. – M.: Prospekt, 2021. – 96 p.
Podroikina I.A. Crimes in the field of economics: a textbook for academic bachelor's degree / I.A. Podroikina, S.I. Ulezko. – M.: Yurayt, 2022. – 235 p.
Vashchenko T.V. Management of receivables of TNCs through forfaiting // Auditor. 2017. T. 3, No. 10. P. 57-61.
Vashchenko T.V. Upravlenie debitorskoy zadolzhennost yu TNK posredstvom forfeytinga // Auditor. 2017. T. 3, № 10. S. 57-61.
Ivanov N.G. Criminal bankruptcies: criminal legal characteristics: textbook. – M.: Prospekt, 2021. – 96 p.
Podroikina I.A. Crimes in the field of economics: a textbook for academic bachelor's degree / I.A. Podroikina, S.I. Ulezko. – M.: Yurayt, 2022. – 235 p.
Vashchenko T.V. Management of receivables of TNCs through forfaiting // Auditor. 2017. T. 3, No. 10. P. 57-61.
Vashchenko T.V. Upravlenie debitorskoy zadolzhennost yu TNK posredstvom forfeytinga // Auditor. 2017. T. 3, № 10. S. 57-61.
Keywords:
criminal bankruptcy, criminal analysis of bankruptcy offenses, premeditated bankruptcy, economic crimes.
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