Year of Graduation
Features of Criminal Proceeding of Business Crimes
The work is focused on problematic aspects arising in criminal proceedings in cases of business crimes. Moreover, the present work is concentrated on analysis of legal institutions that can provide full protection of the rights and legitimate interests of entrepreneurs accused of business crimes. The purpose of the work is a comprehensive study of the system of features of criminal proceedings in cases of crimes in the field of business with criminal-political, theoretical, legislative and law enforcement positions. There was made an attempt to identify the category of business crimes from other crimes committed in economic sphere. The features of the subject and limits of proof for this category of crimes were revealed. The analysis of judicial practice shows that for many years in law enforcement in Russia there is no universal approach to intersectoral prejudice, which is of big importance as a form of evidence in cases of business crimes. The paper also defines the category of legal interest in cases of crimes committed in business sphere This work analyzes the main features of the exemption from criminal responsibility for business crimes in connection with the compensation of damage and imposing of the judicial penalty. The problem of application of a preventive measure in the form of detention against persons suspected and accused of committing a business crime is revealed. In addition, the procedure of investigation of business crimes was studied and the features arising at the stage of initiation of criminal cases against entrepreneurs were also revealed. Finally, part of the work is to research the possibility of expanding the competence of the jury to crimes in the field of business as an effective way to protect the legitimate interests and rights of entrepreneurs in criminal proceedings.