Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2023 16 (5)

Authors

Shishko, Irina V.; Romanova, Larisa I.

Contact information

Shishko, Irina V.: Siberian Federal University Krasnoyarsk, Russian Federation; ; Romanova, Larisa I.: Siberian Federal University Krasnoyarsk, Russian Federation;

Keywords

obstruction of legitimate entrepreneurial or other activities; absence of necessity to establish the materiality of obstruction; differentiation between obstruction and restriction of competition by authorities, local governments; insignificance of obstruction

Abstract

The purpose of the paper is to study theoretical ideas about the signs of the corpus delicti under Part 1 of Article 169 of the Criminal Code of the Russian Federation as well as its application practice. The need for this is stipulated by the task of accelerated economic development. General scientific (dialectical, formal legal, deduction and induction, analysis and synthesis) and private scientific (formal legal, etc.) research methods are used. The study gives arguments in favor of the inadmissibility of interpreting obstruction of legitimate entrepreneurial or other activities as an act that entails the impossibility or significant restriction of economic activity. Research raises the problem of necessity to distinguish between criminal obstruction and administratively punishable restriction of competition by authorities, local governments, as well as other administrative torts. The content of the intent is clarified. It is summarized that at the present stage, Article 169 of the Criminal Code is an important legal instrument for the development of economic activity that requires legislative improvement

Pages

705–714

EDN

ZTXBCY

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/150112

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).