The Risk of a Law Enforcement Error in the Qualification of Crimes in the Field of Economics
( Pp. 184-189)
More about authors
Evgeny V. Anishchenko
MIREA — Russian Technological University
Moscow, Russian Federation Alexander V. Anishchenko Cand. Sci. (Econ.), Associate Professor; Associate Professor of the Department of Economic and Financial Investigations of the Higher School of State Audit
Lomonosov Moscow State University
Moscow, Russian Federation Sovetov Denis I.
Lomonosov Moscow State University
Moscow, Russian Federation
MIREA — Russian Technological University
Moscow, Russian Federation Alexander V. Anishchenko Cand. Sci. (Econ.), Associate Professor; Associate Professor of the Department of Economic and Financial Investigations of the Higher School of State Audit
Lomonosov Moscow State University
Moscow, Russian Federation Sovetov Denis I.
Lomonosov Moscow State University
Moscow, Russian Federation
Abstract:
The paper examines practical situations in which there is a risk of making a law enforcement error when qualifying crimes in the economic sphere. An analysis of existing approaches to the definition of the concept and the reasons for committing law enforcement errors is given, bottlenecks are identified and recommendations are formulated aimed at overcoming them.
How to Cite:
Evgeny V.A., Alexander V.A., Sovetov D.I., (2021), THE RISK OF A LAW ENFORCEMENT ERROR IN THE QUALIFICATION OF CRIMES IN THE FIELD OF ECONOMICS. Economic Problems and Legal Practice, 6 => 184-189.
Reference list:
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 18.11.2004 №. 23 «On judicial practice in cases of illegal entrepreneurship» // SPS Consultant Plus.
Resolution of the Plenum of the Supreme Court of the Russian Federation №. 2 dated 28.04.1994 «On judicial practice in cases of the manufacture or sale of counterfeit money or securities» // SPS Consultant Plus.
Resolution of the Plenum of the Supreme Court of the Russian Federation №. 64 dated 12/28/2006 «On the practice of application by courts of criminal legislation on liability for tax crimes» // SPS Consultant Plus.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07.07.2015 №. 32 «On judicial practice in cases of legalization (laundering) of funds or other property acquired by criminal means, and on the acquisition or sale of property knowingly obtained by criminal means» // SPS Consultant Plus.
Financial security. Financial investigations / A. G. Khabibulin, V. N. Anishchenko, A.V. Molchanov, etc. - Moscow: Moscow, 2020. - 572 p.
Anishchenko A.V. The problem of the formation of the shadow market of political services: theoretical and methodological aspects // Bulletin of the Moscow University. Series 26. State Audit. - 2020. - №. 3. - pp. 88-96.
Anishchenko V. N. Economic and legal analysis of financial activity: theoretical and methodological aspects // Business security. - 2016. - №. 4/2016. - pp. 3-11.
Anishchenko V. N., Sovetov D. I. Problems of classification and errors of interpretation of blank norms in Russian law // Law and Education. - 2021. - №. 3. - pp. 24-30
Anishchenko E. V. Theoretical and methodological foundations of the analysis of the oscillation of economic processes // Problems of economics and legal practice. - 2020. - Vol. 15, №. 4. - pp. 213-218.
Anishchenko E. V. Capital outflow - a systemic threat to the sustainability of ensuring economic security of the Russian Federation // Problems of Economics and legal practice. - 2020. - Vol. 16, №. 4. - P. 1.4.
Zadorozhnaya D.A., Isakova Yu.I. The head of the organization as a special subject of crimes in the economic sphere // Actual issues of combating crimes. 2016. № 1.
Zohrabyan N.Yu. The concept and legal nature of the subject of crime // Vector of Science of Togliatti State University. 2017. № 4.
Kolosovskiy V. V. Theoretical problems of qualification of criminal legal acts: monograph. M.: Statute, 2019. P. 120.
Kudryavtsev V. N. The General theory of qualification of crimes. M., 1999. P. 147.
Mursalimov K. R. Enforcement error: problems of theory. Autoref. dis. ... cand. jurid. nauk. N. Novgorod, 2000.
Soviets D. I. Problems of determining the legal nature of the causes and conditions of legal errors in domestic practice // Theory of state and law. - 2019. - № 4(16). - Pp. 160-166.
Sovetov D. I. The role of Interpol as a coordinating body for interstate cooperation in countering shadow migration processes in international practice // Migration Law. - 2021. - №. 3.
Chebotarev S. S., Anishchenko A.V. Institutional problems of the implementation of the strategy of economic security of Russia //. On guard of the economy. - 2021. - №. 1. - pp. 85-97.
Resolution of the Plenum of the Supreme Court of the Russian Federation №. 2 dated 28.04.1994 «On judicial practice in cases of the manufacture or sale of counterfeit money or securities» // SPS Consultant Plus.
Resolution of the Plenum of the Supreme Court of the Russian Federation №. 64 dated 12/28/2006 «On the practice of application by courts of criminal legislation on liability for tax crimes» // SPS Consultant Plus.
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07.07.2015 №. 32 «On judicial practice in cases of legalization (laundering) of funds or other property acquired by criminal means, and on the acquisition or sale of property knowingly obtained by criminal means» // SPS Consultant Plus.
Financial security. Financial investigations / A. G. Khabibulin, V. N. Anishchenko, A.V. Molchanov, etc. - Moscow: Moscow, 2020. - 572 p.
Anishchenko A.V. The problem of the formation of the shadow market of political services: theoretical and methodological aspects // Bulletin of the Moscow University. Series 26. State Audit. - 2020. - №. 3. - pp. 88-96.
Anishchenko V. N. Economic and legal analysis of financial activity: theoretical and methodological aspects // Business security. - 2016. - №. 4/2016. - pp. 3-11.
Anishchenko V. N., Sovetov D. I. Problems of classification and errors of interpretation of blank norms in Russian law // Law and Education. - 2021. - №. 3. - pp. 24-30
Anishchenko E. V. Theoretical and methodological foundations of the analysis of the oscillation of economic processes // Problems of economics and legal practice. - 2020. - Vol. 15, №. 4. - pp. 213-218.
Anishchenko E. V. Capital outflow - a systemic threat to the sustainability of ensuring economic security of the Russian Federation // Problems of Economics and legal practice. - 2020. - Vol. 16, №. 4. - P. 1.4.
Zadorozhnaya D.A., Isakova Yu.I. The head of the organization as a special subject of crimes in the economic sphere // Actual issues of combating crimes. 2016. № 1.
Zohrabyan N.Yu. The concept and legal nature of the subject of crime // Vector of Science of Togliatti State University. 2017. № 4.
Kolosovskiy V. V. Theoretical problems of qualification of criminal legal acts: monograph. M.: Statute, 2019. P. 120.
Kudryavtsev V. N. The General theory of qualification of crimes. M., 1999. P. 147.
Mursalimov K. R. Enforcement error: problems of theory. Autoref. dis. ... cand. jurid. nauk. N. Novgorod, 2000.
Soviets D. I. Problems of determining the legal nature of the causes and conditions of legal errors in domestic practice // Theory of state and law. - 2019. - № 4(16). - Pp. 160-166.
Sovetov D. I. The role of Interpol as a coordinating body for interstate cooperation in countering shadow migration processes in international practice // Migration Law. - 2021. - №. 3.
Chebotarev S. S., Anishchenko A.V. Institutional problems of the implementation of the strategy of economic security of Russia //. On guard of the economy. - 2021. - №. 1. - pp. 85-97.
Keywords:
law enforcement errors, qualification, corpus delicti, economic crimes, legal errors.
Related Articles
1. GENERAL THEORETICAL, CRIMINAL-LEGAL AND OTHER PROBLEMS OF COUNTERING EXTREMISM AND TERRORISM. PROBLEMS OF PREVENTING EXTREMISM AND TERRORISM Pages: 23-27 Issue №18933
Actual Problems of Qualification of Public Calls for Extremist Activity
crime
extremist activity
public appeals
qualification
the Criminal Code of the Russian Federation
Show more
4. CRIMINAL LAW DISCIPLINES Pages: 230-234 Issue №19964
Conceptual Foundations of Criminal Law Protection of Competition
competition
economic crimes
object of the crime
latency of crimes
criminogenic signs
Show more
7. Criminal law and criminology; Criminal enforcement law Pages: 160-163 Issue №12615
Qualification of vandalism on the objective side of the crime
vandalism
the crime
qualification
the objective side of the crime
public order
Show more
14. Judicial, prosecutorial, human rights and law enforcement activities Pages: 182-185 Issue №15378
DIRECTIONS FOR IMPROVING THE NORMS OF THE JUDGMENTAL LAW ON THE PROCEDURE FOR APPOINTMENT AND REQUIREMENTS FOR CANDIDATES FOR THE POSITION OF THE CONCILIATION JUDGE
judicial system
conciliation judge
court jurisdiction
reconciliation
qualification
Show more
5. CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL ENFORCEMENT LAW Pages: 201-203 Issue №16680
Enforcement aspects related to qualification of fraudulent activities
fraud
direct intent
theft
qualification
preliminary investigation
Show more
14. Judicial, prosecutorial, human rights and law enforcement activities Pages: 175-178 Issue №15378
CONCILIATION COURT: FROM HISTORY TO MODERNITY
judicial system
conciliation judge
court jurisdiction
reconciliation
qualification
Show more
7. Criminal; Criminal enforcement law Pages: 141-145 Issue №9149
OPPORTUNITIES AND IMPERATIVES OF OSVOBORZHDENIJA FROM CRIMINAL LIABILITY
exemption from criminal liability
active repentance
a judicial fine
parole
economic crimes
Show more
8. CIVIL LAW BUSINESS LAW FAMILY LAW; PRIVATE INTERNATIONAL LAW 12.00.03 Pages: 218-221 Issue №17564
Qualification of an inheritance relationship with a foreign element: choice of applicable law
legal system
foreign element
qualification
hereditary relation
conflict regulation
Show more
9. Criminal law and criminology; Criminal enforcement law Pages: 133-137 Issue №8134
DETERMINATION OF THE END OF MISCONDUCT IN BANKRUPTCY AND DELIBERATE BANKRUPTCY
criminal bankruptcy
deliberate bankruptcy
illegal actions in bankruptcy.
economic crimes
Show more
12. Forensics; Forensic expertise; Operational and search activities; Criminal procedure Pages: 215-218 Issue №6841
ABOUT IMPROVEMENT OF LEGAL REGULATION OF JUDICIAL AND EXPERT ACTIVITY IN THE SPHERE OF FORENSIC MEDICINE
special knowledge
forensic organization
a forensic examination
expert
certification
Show more
