Year of Graduation
Criminal law qualification of unlawful acts in bankruptcy cases
Criminal law qualification of unlawful acts in bankruptcy casesObject of research: relationships in sphere of bankruptcySubject of research: criminal law norms setting liability for unlawful acts in bankruptcy casesPurpose of this research: analysis of formal components of unlawful acts in bankruptcy casesIn this research author assigned a list of tasks:1. To study an object of unlawful acts in bankruptcy cases2. To study an actus reus of unlawful acts in bankruptcy cases3. To study a subject of unlawful acts in bankruptcy cases4. To study a mens rea of unlawful acts in bankruptcy cases As a result of this research author came to conclusions:1. There is no unified point of view in object of unlawful acts in bankruptcy cases. Author of this research propose following definition: “relationships in sphere of realization and protection of legal rights and interests of creditor and debtor in case of presence of evidence of bankruptcy2. Legislator should unify regulation of alienation of property and property rights3. In author’s opinion criminal liability should be set for obstruction of activity of trustee in all stages of bankruptcy.4. Major damage means unlawful decrease of amounts of debtor’s assets5. Crimes set in p.1 and p.2 art.195 of Criminal Code of Russian Federation can be committed only in case of presence of evidence of bankruptcy. That means that that criminal case can be sued even before bankruptcy case started.