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Scientific novelty of research

is defined by that at the present stage of realisation of a criminally-legal policy at level of dissertational research are subjected for the first time complex studying of a problem of an establishment and criminal liability realisation for lzhepredprinimatelstvo.
Scientific novelty of dissertational work consists also in studying lzhepredprinimatelstva not only from the point of view of an existing criminally-legal design, but also as way of fulfilment - of other crimes. On this basis offers on legislation modernisation are formulated. In work is social-legal conditionality of norms of criminal law about responsibility for lzhepredprinimatelstvo and some other economic crimes is revealed. The author of dissertation defines possible ways of perfection of legal bases of counteraction lzhepredprinimatelstvu, practical recommendations about perfection of the criminal legislation of the Russian Federation in the given sphere are offered. In author's interpretation the edition a disposition of item 173 UK which has defined the new approach to a criminally-legal estimation of act, called lzhepredprinimatelstvom is offered. Besides, elements of scientific novelty have found the embodiment in the following positions which are taken out on protection: 1. The criminal liability for lzhepredprinimatelstvo, established in item 173 UK, has social and economic conditionality. There is a number of the objective signs testifying to validity of criminalisation of the most significant forms of illegal use of the status of the subject of business by persons, really not occupied in sphere of enterprise activity, for reception of property benefit to the detriment of the person, a society or the state. Offers on decriminalization lzhepredprinimatelstva are premature and have no enough convincing arguments. 2. Criminalisation of the acts representing deceitful practices, directed on extraction of property benefit by use of the legal person, is characteristic practically for all states of the world. Creation lzhefirmy is considered as a way of fulfilment of many crimes. In one countries such actions are called, as well as in Russia, lzhepredprinimatelstvom, in others are considered as a swindle version not connected with property occupancy, and with extraction of property benefit. Creation of fictitious firms is used abroad for money-laundering, cover of narcobusiness and an illegal gaming, swindle, fulfilment of tax and credit crimes. 3. Legislative definition lzhepredprinimatelstva in item 173 UK, nevertheless, mismatches modern scientific representations about the given corpus delicti and does not satisfy practice of struggle against it. Behind frameworks of item 173 UK there is use in the illegal purposes of already created firm, and also acquisition of the commercial organisation without intention to carry out the declared activity. Individual businessmen are not carried to subjects lzhepredprinimatelstva persons who preside lzhefirmami, and also. There is no clearness in causal relationship definition between illegal act and the come harmful consequences as creation of the commercial organisation is carried out by its state registration on lawful basises. Does not admit lzhepredprinimatelstvom creation of the fictitious noncommercial organisation though it also can be the subject of business. The effective standard does not allow to qualify as lzhepredprinimatelstvo creation of the imaginary commercial organisation if for at - krytija the true purposes within the limits of firm any legal activity is led.
Problems of application of item 173 UK are caused it blanketnym by character, superfluous presence of estimated categories. 4. For elimination of noted lacks it is expedient to carry out modernisation operating criminally-rule of law about lzhepredprinimatelstve, having defined lzhepredprinimatelstvo as use of a legal status of the subject of business in the illegal activity directed on extraction of property benefit in the large size, and is equal for cover of the activity forbidden by the criminal law. 5. Taking into account an author's definition lzhepredprinimatelstva to state item 173 UK in the following edition: źArticle 173. Lzhepredprinimatelstvo Lzhepredprinimatelstvo, that is use of the status of the subject of business in the illegal activity directed on extraction property conclusions in the large size, and is equal for cover of the activity forbidden by the present Code, - is punished... ╗. 6. The offered edition of a disposition of item 173 UK eliminates necessity to establish causal relationship presence between creation of the commercial organisation and consequences in the form of a large damage. The formulation of an effective standard which establishes is excluded, that the damage can come from the fact of creation of the commercial organisation. The questions connected with an establishment of the moment since which these purposes get criminally-legal value naturally disappear. 7. Item 173 arrangement in structure UK, specifies, that the given crime according to the legislator concerns group of the crimes encroaching on the relations in sphere of economic activities. As enterprise activity in the conditions of the market is the major kind of economic activities, direct object lzhepredprinimatelstva — the public relations arising concerning an establishment of an order of conducting of enterprise activity. 8. From the objective party lzhepredprinimatelstvo it is necessary to consider as the action expressed in use of the status of the subject of business in illegal activity. 9. Proceeding from definition of enterprise activity, a data in item 2 ГК14, to subjects of enterprise activity any can be carried legal or the physical person which activity is directed on regular reception of profit on using property, sales of the goods, performance of works or rendering of services by the persons, registered in this quality in a statutory order. 10. According to the offered definition to the perpetrators, provided by item 173 UK, can be carried: - The individual businessman; - The founder (founders) of the legal person; - The head of constantly operating executive office of the legal person; - Other person, having the right without the power of attorney to operate on behalf of the legal person; - The head of the legal person acting as the founder of the registered legal person; - The competitive managing director or the head liquidating the commissions (liquidator) at liquidation of the legal person; 14 Hereinafter under the text the Civil code of the Russian Federation means: a part the first from November, 30th, 1994 № 51-FZ (SZ the Russian Federation from December, 5th, 1994 № 32 items 3301), a part the second from January, 26th, 1996 № 14-FZ (SZ the Russian Federation from January, 29th, 1996 № 5 items 410), a part the third from November, 26th, 2001 № 146-FZ (SZ the Russian Federation from December, 3rd, 2001 № 49 items 4552) and a part the fourth from December, 18th, 2006 № 230-F3 (SZ the Russian Federation from December, 25th, 2006 № 52 (a part I) item 5496) with the subsequent changes and additions. - Other person operating on the basis of power, provided by the federal act, or the certificate of the special representative on that of the state body, or the local government certificate. 11. Within the limits of an offered way of reforming of the criminal liability for lzhepredprinimatelstvo in which basis the result lays not, and an act orientation on achievement of certain result - on extraction of property benefit in the large size, and it is equal on cover of the activity forbidden by the criminal law, (formal structure), the subjective party can be characterised only by the express intent. 12. As the considered crime should reflect its orientation on achievement of two possible results, its motives also should be differentiated. Use of the status of the subject of business in the activity directed on extraction of property benefit in the large size, testifies to presence of mercenary motive. However if the status of the subject of business is used for cover of the activity forbidden by the criminal law, the motive of a crime should be defined on that crime which is covered. The theoretical importance of results of dissertational research is predetermined by its general orientation on working out of scientific bases of perfection of criminally-legal struggle against economic crimes. In work author's definition lzhepredprinimatelstva is formulated, elements of the given corpus delicti reveal, the complex analysis of norms of the foreign and Russian right in considered sphere is granted. The dissertation brings the certain contribution to development of a science of criminal law as meets a lack concerning system of scientific views on the decision teoretiche - skih problems of modernisation of criminal law in criminalisation sphere lzhepredprinimatelstva. The carried out research is capable to stimulate deeper studying of traditional aspects of a science of criminal law and adjacent branches with it, and also the reference to new scientific problems of jurisprudence.
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A source: KOVJAROV MICHAEL JUREVICH. CRIMINALLY-LEGAL CHARACTERISTIC LZHEPREDPRINIMATELSTVA. Moscow. 2008

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