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Legal Regulation of Premeditated and Fictitious Bankruptcy in Russia

Student: Vlasov Artem

Supervisor: Kseniia Kondrateva

Faculty: Faculty of Social Sciences and Humanities (Perm)

Educational Programme: Legal Support and Protection of Business (Master)

Year of Graduation: 2018

Relevance. The study of criminal bankruptcies has not only scientific, but also applied value. The objective side of a fictitious and deliberate bankrupt requires clarification, the amount of damage that can be recognized as large and especially large in the commission of the studied groups of crimes is a subjective composition. Formulation of the problem. At this stage, there is a need to improve criminal legislation in the studied area by introducing changes in the disposition of Art. 196 of the Criminal Code of the Russian Federation. Ways to solve the problem. The fastening in the art. 196 of the Criminal Code of the Russian Federation as a crime subject to the head of a legal entity or its founder (participant) or an individual entrepreneur is redundant. In connection with which it is proposed to exclude the signs of a special subject from this composition, that Results. This change will simplify the technical design of the formulations and will avoid mistakes in the qualification of deeds. Conclusion. Thus, at this stage, there is a need to improve criminal legislation in the studied area by introducing changes in the disposition of Art. 196 of the Criminal Code of the Russian Federation with regard to signs of a crime subject.

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