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  • Criminal law protection of commercial activity carried out by foreign citizens under the laws of the Russian Federation and foreign countries

Criminal law protection of commercial activity carried out by foreign citizens under the laws of the Russian Federation and foreign countries

Student: Alganaeva Mariya

Supervisor: Valeriy Filippovich Tsepelev

Faculty: Faculty of Law

Educational Programme: Specialist

Year of Graduation: 2014

The problem of criminal law protection of foreign citizens doing business in the Russian Federation, currently plays an important role in the politics of our country. One of the reasons is little studied the closely related issue of criminal legal status of the foreign citizen . Based on the fact that criminal liability in Russia is based on the principles of equality of man and citizen before the law and the provisions of Article 4 of the Criminal Code , it is possible to conclude that equality Russian and foreign citizens to establish common grounds for exemption from criminal liability and punishment , protection of the rights and freedoms.Nevertheless , we are faced with the question whether to give any preference to foreign nationals in order to attract foreign capital into the country or , on the contrary , to raise the question of the possibility of establishing a special punitive measures against foreign nationals , as there have been discussions in the legal literature ?We studied issues relating to entrepreneurship , criminal and legal status of foreign citizens as business entities , as well as criminal law measures of protection of foreign nationals engaged in entrepreneurial activities . At the same time experience of foreign countries and the Russian legislation was involved.Relevance of the topic is explained by its novelty within our legal reality and economic instability in the world.The aim of this work - to find out whether you want to change the Russian legislation in general, and in particular criminal to give preference to foreign citizens in the exercise of business activities.To achieve this goal it is necessary to perform the following tasks :- To highlight the notion of entrepreneurial activity in the Russian Federation and foreign countries;- To show the criminal side of entrepreneurship;- Identify the characteristics of the criminal legal status of foreign citizens in Russia ;- Compare them with the status of foreigners in other countries;- Show all specific examples , involving statistics;- To find out what measures of criminal law protection applied in Russia, and which in foreign countries ;- Determine what the experience of foreign countries , could be applied in our country ;- Conclude on the basis of total consideration and study material about the necessity or uselessness of amending the legislation on foreign nationals on giving them preference in the framework of doing business.To solve the problems in the work will be used the following methods: descriptive, analytical method of historical analysis , statistical and comparative legal method .During the work it was concluded that the entrepreneurial sphere increasingly criminalized and must deal with it .No special types of liability for foreign nationals who are engaged in business activities by the legislation of foreign countries are not provided, unless they are carried out espionage. Nevertheless , they also have preferences is provided. In any case , it is difficult to come to the right decision , but according to the author's opinion there is no any necessity to enter any changes in our legislation.

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