Prevention of crimes in the sphere of the consumer market. Crimes in the sphere of the consumer market. Economic crime in the consumer market: the main features and development trends
- Introduction
- Chapter 1. The concept and criminal law regulation of the fight against crimes in the sphere of the consumer market
- § 1. State regulation of relations in the consumer market (historical and legal aspect)
- § 2. Consumer market of the Russian Federation: meaning and concept
- § 3. The crime system and the criminal law characteristic committed, in the consumer market
- Chapter 2. Measures to combat crimes in the sphere of the consumer market
- § 1. Coordination of countering offenses and crimes in the consumer market
- § 2. The role and place of the internal affairs bodies in counteracting crimes in the sphere of the consumer market of Russia
- Conclusion
- List of sources and literature
Globalization of the Russian and global economy, the formation and improvement of the market economy in our country, which is based on the competition of independent economic entities of civil turnover, both commodity producers and sellers, including those business entities that provide exclusively services, spawned a number of problems. On the one hand, these processes have complicated and complicate legal relations, one way or another interrelated with the sphere of the consumer market, and therefore require increasing legal regulation, the establishment of its borders. On the other hand, in the process of economic transformation in the country, the number of business entities with various organizational and legal forms of ownership has significantly increased, which are somehow related to the sale (implementation) of goods in the consumer market of Russia. From the functioning of all economic entities, however, as well as citizens who are engaged in retail sales, not only the well-being of the consumer, but also economic and social stability in Russia, is ultimately depends on. In this regard, it is appropriate to bring the quotation from the message of the President of the Russian Federation V.V. Putin, who said that "the direct responsibility of the state is to create conditions for the development of economic freedoms, ask strategic guidelines, to provide the population with high-quality public services" Message of the President of the Russian Federation to the Federal Assembly "Russia, Russia should be strong and competitive" // Russian newspaper. 2002. No. 71. P. 14 .. Therefore, in our opinion, the success of socio-economic reforms should be concluded not only to increase real cash incomes of the population, in the development and strengthening of the social sphere, but also in providing the opportunity to use the acquisition revenues received high-quality and safe goods, works, services.
However, it should be noted that, despite the manifestation of concerns from the state to strengthen the legal and other positions of the direct consumer in the market of goods and the provision of services and the fact that the concept of "consumer market" has long been entered into legal (economic) vocabulary, applies to Many values \u200b\u200bin the economic turnover, it, unfortunately, is not legally enshrined in any branch of law. It seems that in the light of this study it is necessary to consider this concept, especially because it is not sufficiently studied in the works of legal scientists. At the same time, such circumstances should be taken into account:
a) the complexity of the mechanism of the "consumer market of the Russian Federation";
b) its socio-economic significance in the conditions of market economy;
c) the concept of "consumer" in the law "On the Protection of Consumer Rights";
d) the use of the said term (definition) of the "consumer market" not only in the usual use, but also in the legal sense in the civilian circulation of Russia;
e) as well as the fact that young scientists are becoming increasingly and more often.
The terminology of the "consumer market", of course, is primarily associated with legislative consolidation in the Law of the Russian Federation of February 7, 1992 No. 2300-1 "On the Protection of Consumer Rights" "Meeting of the Legislation of the Russian Federation. 1996. No. 3. Art. 140. A new entity of these relationships is a "consumer". And here, it is obviously necessary to give first of all the concept of "consumer", submitted by the legislator in the preamble (introductory part) of the Law of the Russian Federation "On Protection of Consumer Rights". "The consumer is a citizen who has intent to order or acquire either orders, acquiring or using goods (work, services) exclusively for the needs not related to the implementation of entrepreneurial activities."
Here, the special "powers" of state bodies in the legal regulation of relations in the field of consumer protection should be immediately aligned. Clause 1 Art. 1 of the Law "On Consumer Protection" states that relations in the field of consumer protection are governed by the Civil Code of the Russian Federation, this Law, other federal laws (hereinafter referred to as laws) and the regulatory legal acts received in accordance with them. We also point out that this paragraph is set forth in the wording enacted from January 9, 2005 by the Federal Law of December 21, 2004 No. 171-FZ Meeting of the Legislation of the Russian Federation. 2004. No. 52 (Part 1). Art. 5275 .. Characterist that para. 1 p. 2 art. 1 of the RF Law "On Consumer Protection" The legislator narrows the sphere of publication of legal acts with certain subjects of the Russian Federation in the field of consumer protection, bringing them to the federal level. Thus, it seems from the foregoing, legal acts in this area can be applied due to the norms of the GC, the Law of the Russian Federation "On Protection of Consumer Rights", other federal laws, the Government of the Russian Federation. Moreover, the Government of the Russian Federation is not entitled to entail the federal executive authorities to take acts containing the norms on the protection of consumer rights. From here you can make the following conclusion as a specific output. The state is pretty "preferable" refers to the protection of consumer rights and in order to prevent additional duplication of regulatory acts on the protection of consumer protection does not give the authority to the subjects of the Russian Federation to issue any legislative regulations in the specified area, thereby putting lawmaking in this area under one "roof" - to the federal level. Obviously, this situation in the "transient" period of the market economy in the country is justified, because it allows the federal center to keep legislation in this area under its strict control. In addition, the importance of the "solid" and sustainable state of the consumer in the commodity market is also emphasized.
But consider it all initially the points of view of the lawyers for the concept of "consumer market." Analyzing the bulk of the work devoted to the problem and the concept of "consumer market", we will see that their authors consider the problem as if from two sides (planes). The authors consider the issue primarily from the plane of administrative and legal regulation of the consumer market. At the same time, the concept under consideration is refracted and analyzed through the prism of administrative and legal regulation and market functioning. The second point: Most authors associate the concept of "consumer market" with the concept of "consumer", which is known to be submitted by the legislator in the Law of the Russian Federation "On Protection of Consumer Rights". In addition, the authors believe that the consumer market itself is limited to the sphere of trade, work, the provision of services. Obviously, the second approach, as a look at the concept of "consumer market," narrows and somewhat distorts the essence of the concept of "consumer market." But the specified problem should be considered in the sequence indicated above.
Rovel N.N. Tascaev, analyzing the specified problem, makes the following conclusion regarding the consumer market and sphere as "the field of activity related to the sale of goods (services), ordering, execution, acquisition and use of works (services) purchased by the consumer exclusively for household (personal) needs, not associated with the extraction of profits "Tascayev N.N. Organizational and legal issues of police security to combat administrative offenses in the consumer market. Author. Dis ... Cand. jurid science St. Petersburg, 1999. P. 10 ..
Rovel of V.N. Ulyanov is somewhat extended (compared to N.N. Tascaev) interprets the question of the consumer market, believing that "the consumer market is a set of relationships selling goods, the production and provision of services and work and the implementation of their sales-related rules installed, controlled and protected by the state, that is, the rules of trade and the provision of services "Ulyanova V.N. Problems of administrative and legal regulation of the consumer market. // Legal policy and life. 2001. No. 3. S. 70., focusing on the fact that "the relations of the consumer market should include relations arising after the end of the production cycle on the sale of manufactured products" Ulyanova V.N. Problems of administrative and legal regulation of the consumer market // Legal policy and life. 2001. No. 3. P. 68 ..
View N.N. Tascaev roughly coincides with the point of view G. B. Tsareva, who, analyzing the administrative and legal regulation of the police in the consumer security police in the consumer market, suggests the following concept of consumer market in the legislation: "The consumer market is a system of various relations between the seller and the consumer, between them and the state in the face its executive bodies (officials) arising about the sale (implementation) of the goods, the performance of work and the provision of services, their quality, compliance with the requirements for the implementation process, as well as the activities of sellers (manufacturers, performers) in connection with the implementation of goods, works and works Services "Tsareva G. B. Administrative and legal activities of the Police of Public Security to Combat the right of violations in the consumer market. Author. Dis ... Cand. jurid science M., 2003. P. 8 ..
In this definition, the author, exploring relations in the consumer market, allocates only two of its subject: the consumer and the seller, not including here and such important subjects, as a manufacturer and performer. However, yet G. B. Tsareva refers to the data object of the legal relationship "Performing works, provision of services". In addition, such important processes like production, and the processes that are inseparable from the consumer market are also falling out of the definition: design, operation of operation, etc. It should be assumed that such an explanation of the definition of the "consumer market" is quite narrow and requires more expansion interpretation.
Another lawyer, V.M. Labor, gives a determination to the consumer market as "socio-economic relations, in the course of which, on the basis of market relations, the sale of goods and services to consumers" of the launchers V.M. Detection and suppression by the militia of public security of administrative offenses in the field of entrepreneurial activity and the consumer market: a textbook. M., Uniti. 2008. P. 10 ..
Obviously, in order to realize, evaluate and understand the significance of such a definition as the "consumer market", and then withdraw its "sustainable" definition, it is necessary to consider at least a generalized form and such definitions as economic and legal categories: "Consumption" , "Needs", "consumer market" and just the meaning of the word "market", as well as "consumer law", on the existence of which modern lawyers are increasingly said. The etymology of the words "consumer" and "market" should be considered. We investigate these questions in the designated sequence.
What is consumption? "Consumption is the use of a social product in the process of satisfying needs, the final phase of the reproduction process. Consumption breaks into consumption production and consumption non-productive. Depending on the type of goods consumed, consumption of material benefits that have a real form, and service consumption are distinguished. By how to meet needs consumption. It is individual and collective. Consumption is organically related to production, distribution and exchange. Production is carried out for consumption and determines its level and structure. In turn, consumption actively affects the production by stimulating its development "Big Encyclopedic Dictionary. T. 2. / Ed. Prokhorov A.M. SPb.: Norint. 2004. P. 1059 ..
As we see, the encyclopedic dictionary "dismeses" the process of "consumption" on peculiar "types" consumption: personal, non-production and production. In the context of the binding of various "species" consumption to the definition of the "consumer market", it is necessary to give the concept and the above-mentioned types of consumption, especially since they appear in the text of the concept of "consumption".
"Personal consumption is the use of consumer goods in material and property form, as well as in the form of personal services to meet the needs for food, clothing, dwelling, education, culture, rest, etc." ibid. P. 1059 ..
Introduction
Chapter 1. Criminal and legal characteristics of the consumer market crimes P. 13-129
1. The concept and types of crimes in the sphere of the consumer market P. 13-28
2. Criminal and legal characteristics of crimes against consumer rights p. 28-63
3. Crimes against the procedure for legitimate competition in the market P. 64-100
4. Crimes against the established procedure for production, transportation, storage, implementation
goods (benefits, services) p. 101-129
Chapter 2. Criminological characteristic of crimes in the field of consumer market P. 130-184
1. The state of economic crime in the sphere of the consumer market P. 130-155
2. Prerequency of crimes in the field of consumer market P. 156-184
Conclusion with. 185-199
List of references S. 200-221
Introduction to work
Relevance of the research topic.The revolutionary transformations initiated in the USSR and continued in the post-Soviet space were carried out under the slogan of the ineffectiveness of the socialist economy and the need to develop market relations. The market was presented as a panacea from all problems; The publication of economists on this topic had a literally fascinating, magical effect on the population. It is enough to recall that economist N. Shmelev, who proved the usefulness of unemployment and expediency in connection with this transition to market relations, became the national hero of the late 1980s.
Time scattered illusion. The market, established in the territory previously occupied by the socialist economy, showed its capitalist entity, where there is no place for social justice, where conscience - the category is abstract and in the economy, as a rule, not involved where "the strongest" is survivors - the one who has more power and money.
It has been proven that the next revolution in Russia led to disastrous consequences 1. During the years of reform, the country in terms of socio-economic development was discharged for decades ago. Never for the foreseeable period, even after the destruction caused by the war of 1941-1945, there was no such continuous and deep decline in production in almost all sectors of the domestic economy 2.
The development of crime was the logical outcome of the economic catastrophe, the most dangerous manifestations of which were concentrated mainly in the field of economics. In the economy, organized crime was introduced, which, strengthening its relations with the corrupt bureaus
1 See: Glazyev S.Yu., Kara-Murza S.G., Batchikov S.A. White paper. Economic reforms in Russia 1991-2001 -M.: Eksmo, 2003.-368 p.
kratia continues to contribute to its further criminalization. According to researchers, the criminalization of economic relations is most pronounced in the country's consumer market. An analysis of the situation revealed in this area a significant amount of operations carried out by concluding fictitious contracts for the supply of consumer goods, unlawful retention and use not to appoint funds obtained as a prepayment. High customs duties for imported goods led to the expansion of smuggling of low-quality products from developing countries. The last three years a third of the detected crimes falls on the consumer market.
The transition to market relations accompanied by a sharp weakening of state regulation, painfully reflected on the consumption environment. The consumer market is saturated with counterfeit products, which often represents a danger to public health. This applies primarily for food and medicines. The structure of market relations continues to be a high proportion of unorganized trade, the share of illegal turnover of goods and services. The work of the management bodies of state power in the sphere of consumer market is not sufficiently effective and is often associated with official abuses.
The concept of national security of the Russian Federation said: "The transition to a highly efficient and socially oriented market economy should be carried out through the gradual formation of optimal mechanisms for organizing the production and distribution of goods and services in order to maximize the growth of society welfare
2 there. - P. 6-7.
and every citizen "3. In this case, it has to oppose the criminalization of public relations in the sphere of the consumer market.
The decriminalization of economic relations in the consumer market is aimed, first, to ensure the safety of the population in terms of blocking a wide range of threats: from national (food safety) to individual (living and health of a separate consumer).
Secondly, effective activities in this direction are able to maintain citizens with low incomes to a certain extent, and thus weaken social tensions in society.
Thirdly, the decriminalization of market relations is connected with the elimination of the causes and conditions of the administrative "rack" against entrepreneurs and thereby contributes to the development of business, competition, expanding the market for goods and services.
Crimes and crime in the sphere of the consumer market - phenomena that are recorded by the departmental statistics of the Ministry of Internal Affairs of Russia. However, from a scientific point of view, the relevant categories are not developed and not defined. At the same time, it should be noted that the use of them in analytical practice is deprived of the necessary accuracy: they protrude with the conditional semantic units that have "blurred" character.
Despite the large number of fundamental criminal law and criminological studies carried out in recent years (B.V. Volzhenkin, LD Gaukhman, Yu.N. Demidov, V.M. Esipo-Vym, A.E. Zhalinsky, BC Commissar, A.P. Kuznetsov, N.F. Kuznetsnets
3 See: The concept of the National Security of the Russian Federation: Approved by Decree of the President of the Russian Federation of December 17, 1997 No. 1300 (as amended by the Decree of the President of the Russian Federation of January 10, 2000 No. 24) // Meeting of the legislation of the Russian Federation. - 2000. - № 2. - Art. 170.
howl, V.D. Larichev, N.A. Lopashenko, St. Maksimov, V.E. Melniko.
howl, gk Mishina, P.S. Yani, V.V. Yamelenko et al.) Crime and crime
in the sphere of consumer market did not become the subject of special
tongue scientific analysis; They were exposed to fragmentary as the right
võlo, excluding their criminological characteristics.
This indicates the relevance of the topic of the dissertation study.
Objectives and objectives of the study. Theoretical goal - knowledge of law
The ability to the emergence and development of crime in the field of consumer
market, development of problem and discussion issues of decriminal
market relations, applied goal - formation and perfect
the system of measures of criminological and criminal control over the phenomenon under consideration.
These goals are implemented in solving the following tasks:
The study of the concept and structure of crimes in the field of consumption
Tel market;
Criminal law analysis of crimes against consumer rights;
criminal and legal characteristics of crimes against the procedure for legitimate competition in the market;
consideration of the circle of crimes against the established procedure for the production, transportation, storage, sales of goods (goods, services);
study and assessment of the state of crime in the sphere of the consumer market;
"* - definition of the main directions for preventing crimes in
consumer market sector;
formulation of proposals aimed at improving criminal legislation in the field of struggle against economic crimes;
Object and subject of research. The object of research is public relations in the sphere of the consumer market. The subject of the study is the criminal law and criminological characteristics of crimes in this field, the system of their warning.
The methodological basis of the dissertation study is dialectic. Collection, processing, generalization, analysis, interpretation of research material was carried out using various methods: induction, deduction, historical analysis, comparisons, statistical (summary and grouping, drawing up tables, regression analysis, etc.). In the process of obtaining the search for information, sociological techniques are widely used: surveys, interviewing, content analysis, observation. Prognostic methods are used: extrapolation, expert estimates. Conclusions and suggestions of the thesis are based on the results of modern economic, criminal law and criminological research. In her conclusions, the author relies on the works of famous cryminologists (G.A. Avanesova, A.I. Alekseeva, Yu.M. Antonian, St. Borodina, V.N. Burl-Kova, Ce. Vicin, Ya.I. Gilinsky, KK Goryyjdova, A.I. Dolgova, see In-Shakova, I.I. Karpeitsa, M.P. Kleimenova, V.V. Kolesnikova, N.F. Kuznetsova, V.N. Kudryavtseva, V.V. . Luneeva, A.I. Martseva, G.M. Minkovsky, V.V. Orekhova, P.G. Ponomareva, V.P. Revina, V.P. Salikova, A. B. Sakharov, A.N. Kharitonov , Am Yakovleva et al.).
The regulatory framework of the study was the Constitution of the Russian Federation, federal laws, conventions and other international legal documents, ruling of the Government of Russia, criminal and administrative law, departmental regulations of the Ministry of Internal Affairs of Russia and other departments. Scientific literature was used, which commented on and analyzed the current legislation and bills.
The dissertation scientific novelty is determined by the fact that this is essentially the first comprehensive study of crimes and crime in the sphere of the consumer market. The paper presents the modern issues of economic, criminal law and criminological problems of struggle against economic crimes. A number of issues are delivered and analyzed by the author on its own. The novelty of the dissertations is characterized by the development of the theoretical foundations of systemic overcoming adverse trends in the development of market relations in Russia and the consistent flawing of the grounds for the criminal activity of the subjects of economic activity.
Protection issues:
Consumer Market Crimes are acts encroaching on the basic rights of consumers who have a threat to healthy competitive relations when buying and selling goods (works, services) related to the production, storage, transportation or marketing of low-quality, falsified goods (works, services) or their falsification in the process of implementation, as well as acts that prevent legal entrepreneurial activities.
From theoretical point of view it is advisable to allocate the following groups of crimes in the sphere of the consumer market:
Offenses against consumer rights.
Enchanges on the order of legitimate competition in the market.
Crimes against the established procedure for the production, transportation, storage, sales of goods (works, services).
The object of the crimes under consideration has a complex structure: "kernel" - which is advisable to consider economic security in the consumer market, and the "shell", which is represented by the legal relations regulating this area of \u200b\u200beconomic activity.
It is necessary to decriminalize the responsibility of organizers or members of the jury of spectacular commercial competitions for the acts provided for by Art. 184 of the Criminal Code of Russia "Bridge of participants and organizers of professional sports competitions and spectacular commercial competitions."
Article 179 of the Criminal Code of Russia "Forced to commit a transaction or a refusal of its commitment" it is advisable to construct consisting of three parts. In the second part - to include qualifying acts: the use of violence, in a large scale, a group of persons by prior agreement; The third part is to include specially qualifying acts: with the causation of grave harm to the health of the victim, in particularly large-scale, organized by a group of persons.
The following edition of Article 180 of the Criminal Code of Russia "illegal use of a trademark" (dispositions) is proposed:
1. illegal use of someone else's trademark, service sign, the name of the origin of the goods or similar designations for homogeneous goods, but equally the illegal use of warning labeling in relation to non-registered in Russia
the commercial federation of the trademark, if this act is committed by a prior agreement by a group of persons or in large scale, shall be punished ...
2. The act stipulated by the first paragraph of this article committed by an organized group or has caused a particularly large damage, shall be punished ...
It is advisable to add art. 181 of the Criminal Code of Russia "Violation of the rules for the manufacture and use of state tubes" the third part, providing for a particular aggravating circumstance to perform an act by an organized group. As for the second part of Art. 181 of the Criminal Code of Russia, then it should be foreseen of the following signs: the commission of an act on the preliminary conspiracy by a group of persons or a person with access to the stamps by the nature of their work or service.
It is difficult to place wine for illegal entrepreneurial activities on a person due to the fact that the registration of its enterprise has passed with a violation of certain rules.
The state of economic crime in the sphere of the consumer market depends on law enforcement activities. On the one hand, law enforcement agencies "create" a phenomenon, forming a sample of crimes from the total number of perfect economic crimes. On the other hand, the activity or passivity of law enforcement can be kept or, on the contrary, to stimulate criminal activities in the direction under consideration. Finally, the law enforcement itself is often associated with offenses, which affects the state of the criminogenic situation in the consumer market. In this regard, the problem of reducing administrative barriers in business activities is relevant.
10. Prevention of crimes in the sphere of consumer market is carried out in two general directions: protection of consumer rights and the protection of entrepreneurs' rights.
The theoretical and practical significance of the study is that the main provisions, conclusions and recommendations can be used both in the relevant sectors of economic and legal science and in the practice of struggle with economic crime. A number of theoretical provisions related to the conceptual apparatus, classification parameters, developed by the dissertation independently, other conceptual foundations received additional argumentation from the standpoint of the protection of consumer interests and business representatives.
The dissertation formulated a number of conclusions that are important for the improvement of legislative, information, organizational support for the struggle against economic crime.
The research materials can be used in the educational process when teaching courses of economics, criminology, criminal law, in order to create a special course "Criminal Economics".
The empirical database of the dissertation study is made up materials of economic, financial, criminological and judicial statistics, polls 65 employees of the units to combat economic crime, 450 leaders of small businesses, survey results of 125 organizations of small business in the Omsk region. A large array (more than 1300) of various documents (protocols, certificates, etc.) was studied, 87 persons carrying out control in the sphere of the consumer market.
Approbation of research results. The dissertation was a discussion at a joint meeting of the Department of Criminal Law, Criminology and
prevention of crimes of the Omsk Academy of the Ministry of Internal Affairs of Russia. Research materials are used in the educational process and research work of the Omsk Academy of the Ministry of Internal Affairs of Russia, Moscow University of the Ministry of Internal Affairs of Russia. The main theoretical conclusions and practical recommendations were reported by the author at international scientific and practical conferences in Moscow, Omsk, Chelyabinsk (2002-2003).
The concept and types of crimes in the sphere of the consumer market
Crimes and crime in the sphere of the consumer market - a phenomenon that is fixed by the departmental statistics of the Ministry of Internal Affairs of Russia. However, from a scientific point of view, the relevant categories are not developed and not defined. At the same time, it should be noted that the use of them in analytical practice is deprived of the necessary accuracy: they actually protrude with conditional semantic units that have "blurred" character.
In the criminal law literature of the crime in the sphere of the consumer market, they are recognized as a type of economic crimes and are allocated to a separate classification group (groups). So, B.V. Volzhen-Kene allocates two groups of such crimes1. First, these are crimes related to the manifestations of monopolism and unscrupulous competition. These acts encroach on the main sign of a market economy, her chief lever is competition. To them, as B.V. believes Volzhenkin, should include: monopolistic actions and competition restriction -st. 178 of the Criminal Code of Russia; Forced to get a transaction or to the abandonment of its commission - Art. 179 of the Criminal Code of Russia; illegal use of a trademark - Art. 180 of the Criminal Code of Russia; Obviously false advertising - Art. 182 of the Criminal Code of Russia; Illegal receipt and disclosure of information constituting commercial or banking secrets - Art. 183 of the Criminal Code of Russia; Bribery of participants and organizers of professional sports competitions and spectacular commercial contests - Art. 184 of the Criminal Code of Russia. Secondly, these are crimes against the rights and interests of consumers: deception of consumers - Art. 200 of the Criminal Code of Russia (eldes it in mind that the Federal Law of December 8, 2003 No. 162-ФЗ "On Amendments to Amendments and Additions to the Criminal Code of the Russian Federation", this article was recognized as invalid 2); Violation of the rules for the manufacture and use of state tubes - Art. 181 of the Criminal Code of Russia. Other opinion expresses B.M. Leontiev3. He highlights one group of crimes related to the violation of consumer interests, which includes: a) deception of buyers; b) monopolistic actions and competition limit; c) coercion to make a transaction or failure to make it; d) illegal use of a trademark; e) violation of the rules for the manufacture and use of state test tubes; e) knowingly false advertising; g) bribing of participants and organizers of professional sports competitions and spectacular commercial competitions.
According to B.V. Yeacelenco, it is advisable to differentiate economic criticism, based on the specific content of a certain sector of economic activity in which they are committed. Thus, it highlights: - crimes in the field of entrepreneurial and other economic activity: preventing legal entrepreneurial activities (Art. 169 of the Criminal Code of Russia); Registration of illegal transactions with land (Art. 170 of the Criminal Code of Russia); illegal entrepreneurship (Art. 171 of the Criminal Code of Russia); Illegal banking activities (Art. 172 of the Criminal Code of Russia); false assurances (Art. 173 of the Criminal Code of Russia); legalization (laundering) of cash or other property acquired by illegal way (Article 174 of the Criminal Code of Russia); Acquisition or sale of property, knowingly mined by criminal (Art. 175 of the Criminal Code of Russia); monopolistic actions and restriction of competition (Art. 178 of the Criminal Code of Russia); coercion to commit the transaction or to the abandonment of its commission (Art. 179 of the Criminal Code of Russia); illegal use of a trademark (Art. 180 of the Criminal Code of Russia); obviously false advertising (Art. 183 of the Criminal Code of Russia); Illegal receipt and disclosure of information constituting commercial or banking secrets (Article 183 of the Criminal Code of Russia); bribing of participants and organizers of professional sports competitions and spectacular commercial competitions (Art. 184 of the Criminal Code of Russia); deliberate bankruptcy (Article 196 of the Criminal Code of Russia); fictitious bankruptcy (Art. 197 of the Criminal Code of Russia);
Crimes in the monetary sector: illegal loan receipt (Art. 176 of the Criminal Code of Russia); malicious evasion from paying payables (Art. 177 of the Criminal Code of Russia); violation of the rules for the manufacture and use of state tubes (Article 181 of the Criminal Code of Russia); abuse when issuing securities (emissions) (Article 185 of the Criminal Code of Russia); manufacture or sale of fake money or securities (Article 186 of the Criminal Code of Russia); manufacture or sale of fake credit or calculated maps and other payment documents (art. 187 of the Criminal Code of Russia);
Criminal and legal characteristics of crimes against consumer rights
Crimes committed in the sphere of the consumer market are of economical. In other words, they have a general species object.
B.M. Leontyev believes that the species object is public relations (interests), which they encourage crimes, the norms of responsibility for which the commission of which are placed within the same chapter of the Criminal Code of the Russian Federation. Indeed, the Russian legislator (followed by the Soviet) forms and differentiates the chapters of the special part of the Criminal Code of the Russian Federation, based on the homogeneity of public relations, which are placed under criminal law. But this does not mean that the place of a certain norm is determined by unmistakably, once and for all. In addition, the nature of some crimes is such that they can encroach at the same time (or at different times) to a number of objects (or. On various objects), so the inclusion of them in one or another chapter is to a certain extent conditional. Finally, the characteristic of the object of the crime, based on its place in the special part of the Criminal Code, is low productively and devalues \u200b\u200bthe doctrine of the object of criminal encroachment. Meanwhile, the characteristic of the object is important: it shows the public danger of the acting act or their group.
From this point of view of the statement that the object of economic crimes is a group of homogeneous relations protected by the state in economic activity1, not informative and does not show the specifics of economic crimes.
It is expressed that economic crime is composed of encroachments for property and business crimes. GK Mishin believes that such an approach in which economic crimes unite crimes against property (property) and economic, ensures a wide comprehensive vision of economic crimes3.
The legislator, as can be seen from the name of the section VIII of the Criminal Code of Russia, elected exactly the point of view. The section is called "crimes in the field of economics" and consists of three chapters: chapters 21 "crimes against property", chapter 22 "Crimes in the field of economic activity" and chapter 23 "Crimes against the interests of the service in commercial and other organizations." Property encroachments - such as thefts, robbery, discouraged, are attributed to crimes in the field of economics. It seems that in a wide social context, in particular from the point of view of the etiology of economic crimes, this approach is possible and justified. However, in terms of solving real problems in the foreseeable future, it creates a number of additional difficulties and is ultimately little effective.
"Difficulties," notes A.P. Kuznetsov, - are that almost all economic crimes cause harm and relations of property. And at the same time, crimes against the property committed in the field of production, entrepreneurial activity, trade, the provision of other services, simultaneously violate the normal attitude of economic relations. But on the other hand, a significant part of crimes against property comes out of the sphere of economic relations, and robbery, dismissed - in the overwhelming majority "4. Disclaimers of the Ministry of Internal Affairs are engaged in crimes against property and economic crimes: a criminal wanted list and BEP, and although their professional interests often intersect, nevertheless the specifics of the competence in this case are obvious.
The state of economic crime in the sphere of the consumer market
The logic of scientific research involves the clarification of key terms, which in the context of this part of the work are the concepts of "state" and "economic crime".
Regret it has to be stated that the learning literature on criminology often offers an incorrect interpretation of the concept of "condition", treating it as an absolute number of committed crimes and persons who have committed them in this territory for a certain time1. "With a more professional assessment of the state of crime, it is rightly noted by V.V. Luneyev, it is necessary to refer to registered and latent crime, to the structural parameters of crime and the totality of offenders, to percentages, coefficients, indexes and other generalizing relative indicators. In a wide sense, the state of crime cannot be objectively to estimate out of its real dynamics, the pace of its growth (reduction) of individual species and crime groups. For example, at the same level of crime in two different regions, the situation of crime will be evaluated differently if intensive growth is observed in one, in the other - a decrease. But with such a consideration of the state of crime, it turns out to be collective. Only with an integrated approach and one can objectively assess the real state of crime in the country, the region or settlement. " Thus, the state of crime is an integral characteristic of crime, "picking up" all its indicators, parameters (quantitative and qualitative), which can be installed and evaluated on the basis of available information.
As for the concept of economic crime, his interpretation "is asked" the approach to the approach developed in the 1960s by an outstanding crimisologist N.F. Kuznetsova. With this approach, the legal criterion advocates the main thing in the formulation of the desired definition. Crime is a combination of crimes committed in this area for a certain period3.
From the standpoint of the selected approach, economic crime in the sphere of the consumer market is a combination of crimes discussed in the first chapter of this study performed in this territory for a certain time. In other words, this is a combination of crimes envisaged by Art. 159, 169, 171, 1711, 178, 179, 180, 181, 182, 184, 238, 3271 of the Criminal Code of Russia4.
Taking into account the above, we analyze the state of economic crime in the sphere of the consumer market in Russia.
Apply primarily to the materials of the Ministry of Internal Affairs of Russia, in which, according to the results of each year, information on the results of the fight against economic crime are analyzed. According to the rules of statistical research, the base year was elected 1997, since from January 1 of this year, a new Criminal Code of the Russian Federation entered into force.
According to the Ministry of Internal Affairs of Russia5, in 1997, 218.9 thousand crimes were revealed in the country, the damage from which at the time of the initiation of the criminal case was 12.3 trillion. rubles, of which 73% are a preliminary investigation. Two thirds of all economic crimes were treated to the category of hard and especially hard. 15.7 thousand crimes related to the consumer market were revealed.
When studying the information presented in the analytical materials of the Main Staff of the Ministry of Internal Affairs of Russia in 1997, the inaccuracy of the presented statistical data is drawn to, which led to the need for their correction, taking into account later than published information. It is characteristic that information on corruption (bribery) is given in two sections "Counteracting Organized Crime and Corruption" and "Fighting Crimes in Economics" - in different context and in incompatible indicators.
In the materials characterizing the criminological situation in Russia in 1998, it is stated that the slowness and incompleteness in the creation of mechanisms for controlling the protection of new economic relations from criminal penetration contributed to rapid growth and a permeantal change in economic crime. In 1998, 252.4 thousand economic crimes were revealed, including 167.7 thousand, the investigation of which is necessary. More than half - 111.7 thousand. Of them were grave and especially serious encroachments. The amount of material damage caused exceeded 20 billion rubles. 22.3 thousand crimes were registered in the consumer market. 3.8 thousand deeds related to illegal entrepreneurship have been revealed.
In analytical materials, it is concluded that the final results of the preventiveness and disclosure of economic crimes do not correspond to the real degree of criminalization of the country's economic complex. In many regions, a changing situation in the economy is not taken into account, outdated approaches to combating new types of encroachment. Not everywhere is ensured by targeted work on the timely exposure of large rarers and bribes. The number of serious crimes in the field of economy decreased in 13 regions. In pursuit of quantitative indicators in a number of internal affairs bodies, painstaking and time-consuming work on identifying large disguised victims, including budget funds, is replaced by the registration of insignificant crimes. The criminal processes in the authorities and management are weakly controlled.
In analytical materials prepared by the Ministry of Internal Affairs of Russia for 1999, attention is drawn to the increasing criminal expansion in the most profitable areas. production. This year, 303.8 thousand crimes of economic orientation were revealed in the country, of which more than 190 thousand demanded a mandatory preliminary investigation.
Prevention of crimes in the field of consumer market
The purposeful system that has self-regulation mechanisms, in which entropy processes are observed, decay (and they, according to the second law of thermodynamics are characterized by any system) trying to keep these processes and eliminate the reasons that contribute to their occurrence and development. For the consumer market system, negative processes are largely related to its criminalization. Hence the actualization of activities aimed at preventing crimes and other offenses in the sphere of the consumer market. It should be emphasized the objectivity of such activities, it meets the imperatives of the market economy. The criminalized market is in principle short-lived: its prospect - the transformation into a worse model of the scarce economy, when the goods are substantial (or even harmful) products are implemented only because they have no alternatives. The market system that meets the internal law of the Vitya is always trying to counteract criminalization processes.
Regulatory acts of both the federal and regional level are aiming for supporting small businesses, the development of commodity market infrastructure, creating favorable conditions for business, taking into account the interests of commodity producers and consumers1. This undoubtedly creates a favorable soil for the overall prevention of crimes, which is known to have nothing but the impact on the causes of their commit. "For example, in the field of economics," writes A.I. Alekseev is the development of production based on modern technologies, a thoughtful structural and investment strategy, a fair redistribution of property, strengthening the national currency and the entire financial system, reducing inflation and many other aspects of improving economic, and closely related distribution relations. "
The legislator directly prescribes measures aimed at preventing crimes and other offenses in the consumer market. So, in Art. 10 of the Federal Law of August 8, 2001 No. 134-FZ "On the Protection of Rights of Legal Entities and Individual Entrepreneurs during the State Control (Supervision)" (as amended on October 1, 2003) 3 states that if carrying out measures for control will be established that the goods (work, service) can cause harm of life, health, environment, consumer property, state control authority (supervision) is obliged to bring to the attention of consumers information about the dangerous product (work, service), about methods Prevent possible harm, take measures to prevent harm, including by suspension of production (implementation, performance) of goods (work, services) and (or) review of goods from the market in the manner prescribed by the legislation of the Russian Federation, followed by reimbursement of costs due to guilty face.
The prevention of crimes in the sphere of the consumer market is carried out in two general directions: the protection of consumer rights and the protection of entrepreneurs' rights. Each of them, in turn, is implemented taking into account the peculiarities of the implementation of relevant events. Thus, the protection of consumer rights implies: - providing consumers, state bodies and public associations of consumers with operational and reliable information on goods (works, services), manufacturers (merchants, performers); - adoption of measures to prevent the activities of unscrupulous business entities and the ingress of low-quality goods (services) to the consumer; - creating conditions for the consumer who contribute to the free choice of goods (works, services), by developing conscientious competition; - the implementation of consumer rights education programs as an integral part of the training of citizens in the educational systems of states; - attracting media, including radio and television, to propaganda and systematic coverage of consumer protection issues; - Formation of an organizational mechanism aimed at ensuring consumer rights.
In the Russian Federation, there is an organizational structure, the activity of which is closely related to the prevention of crimes in the planning sphere. The Government of the Russian Federation has created and operates the Interdepartmental Council for the Protection of Consumer Rights. He is headed by the First Deputy Minister of the Russian Federation on Antimonopoly Policy and Support for Entrepreneurship, includes the president of the International Confederation of Consumer Societies, First Deputy State Standard of Russia, Deputy Minister of Education of the Russian Federation, Head of the Office of the State Customs Committee, representatives of the Ministry of Transport of Russia, the Ministry of Internal Affairs of Russia. Ministry of Agriculture and Foods of the Russian Federation and other persons4.
One of the most important aspects of the economic security of the Russian state is to ensure the protection of the rights and legitimate interests of conscientious participants in market relations - manufacturers and consumers of goods and services. The trends in crime development in the territory of the Russian Federation are expressed among other things in increasing the number of crimes committed in the consumer market, which are a serious threat to the safety of personality, society and the state.
Encourse in the sphere of the consumer market - almost an ordinary phenomenon of modern life. The company has already managed to move from life with the administrative economy to the market economy. However, for the period of transformation, many processes in the consumer market were chaotic, causing elevated interest from the criminal element. Consumer market It is the most important part of the modern economy, where the daily needs of the population are being implemented, the level of satisfaction of which ultimately determines the effectiveness of the functioning of the economy as a whole. In our opinion, borrowing in the field of consumer market should, in our opinion, include the guilty acts of subjects of legal relations in the sphere of the consumer market aimed at violating the system of functioning of the consumer market and its individual elements protected by law. At the same time, the system of these encroachments should be distinguished from the offenses in the consumer market, which cover the entire completeness of the consumer market interventions contrary to the law.
The offense in the sphere of the consumer market is an independent appearance inherent in both general socio-legal signs (anti-infractions, guilt, punishability) and a specific subject (special subject, a special object of encroachment), which indicates the reality of the offense in the objective world and the possibility of its allocation From the entire mass of unlawful acts. Depending on the degree of public danger of encroachment in the field of consumer market, crimes and administrative misconduct in the consumer market should be allocated.
Under the crimes in the sphere of the consumer market, socially dangerous acts should be understood by public relations protected by criminal law, related to the production and sale of goods, the performance of work or services to consumers, those responsible for these relations. An administrative miscratum should be called an unlawful act, encroaching the public relations protected by law related to the production and sale of goods, fulfilling the work or services to consumers, those who are perpetrated by the subjects of these relations in the implementation of activities that can be carried out or may be legitimate for which The Code of the Russian Federation on Administrative Offenses and the laws of the constituent entities of the Russian Federation provides for administrative responsibility. The consumer market is the most important strategic part of the economic system of Russia. It is he who ultimately determines social stability through the impact on the life of every citizen. The main signs of crimes in the consumer market are invited to include: 1) an opposition of acts; 2) public danger of acts; 3) the availability of responsibility for the act provided for by the Criminal Code of the Russian Federation; 4) the presence of encroachment on public relations related to the production and sale of goods, the performance of work or the provision of services to consumers; 5) the subject of the act - the subject of relations in the consumer market. A crime that has all the indicated signs at the same time, and refers to the category of crimes in the sphere of the consumer market. The consumer market is an independent and specific scope of economic activity. Its fundamental reason are, firstly, the free relationship of the purchase and sale of goods (works, services). Such a natural interchange gives people anything they want, not what they should want to understand some group. The seller must trade with high-quality goods, and the manufacturer to ensure their production in accordance with the established standards. Secondly, in the process of implementing market relations, the Conditions for the development of healthy competition should be created. Thirdly, the consumer market must be focused on compliance with the rights of consumer. Market relations should be built in such a way that the consumer rights are respected to acquire goods and services of good quality, safe for life and health. At the same time, the consumer must receive reliable information about the goods (works, services) and their manufacturers (sellers).
The clarification of the concept of the consumer market allows us to proceed to a clear definition of the concept of encroachment in the sphere of the consumer market. In our opinion, borrowing in the field of consumer market should, in our opinion, include the guilty acts of subjects of legal relations in the sphere of the consumer market aimed at violating the system of functioning of the consumer market and its individual elements protected by law.
At the same time, the system of these encroachments should be distinguished from the offenses in the consumer market, which cover the entire completeness of the consumer market interventions contrary to the law.
The offense in the sphere of the consumer market is an independent appearance inherent in both general socio-legal signs (anti-infractions, guilt, punishability) and a specific subject (special subject, a special object of encroachment), which indicates the reality of the offense in the objective world and the possibility of its allocation From the entire mass of unlawful acts.
Depending on the degree of public danger of encroachment in the field of consumer market, crimes and administrative misconduct in the consumer market should be allocated.
Under the crimes in the sphere of the consumer market, socially dangerous acts should be understood by public relations protected by criminal law, related to the production and sale of goods, the performance of work or services to consumers, those responsible for these relations.
An administrative miscratum should be called an unlawful act, encroaching the public relations protected by law related to the production and sale of goods, fulfilling the work or services to consumers, those who are perpetrated by the subjects of these relations in the implementation of activities that can be carried out or may be legitimate for which The Code of the Russian Federation on Administrative Offenses and the laws of the constituent entities of the Russian Federation provides for administrative responsibility.
It should be noted that most of the compositions here are concentrated in ch. 14 Administrative offenses in the field of entrepreneurial activities.
So, the consumer market is the most important strategic part of the economic system of Russia. It is he who ultimately determines social stability through the impact on the life of every citizen.
We are invited to include the main signs of crimes in the consumer market:
1) an opposition of acts;
2) public danger of acts;
3) the availability of responsibility for the act provided for by the Criminal Code of the Russian Federation;
4) the presence of encroachment on public relations related to the production and sale of goods, the performance of work or the provision of services to consumers;
5) the subject of the act - the subject of relations in the consumer market.
A crime that has all the indicated signs at the same time, and applies to the category of crimes in the sphere of the consumer market.
Having a group of crimes in the sphere of the consumer market, we, in contrast to a number of researchers, did not pursue the goals of streamlining or classifying the norms of criminal law.
The assignment of certain compounds to the crimes in the consumer market under this study is the purpose of identifying those acts whose warning will allow to achieve the conditions of the consumer market optimal in terms of the law.
That is why attention should be paid to the prevention of all these crimes, and their differentiation is possible primarily within the relative correlation of preventive measures, which will be considered in the future.
Meanwhile, the classification of crimes in the consumer market both from the point of view of building statistical groups and in the theoretical aspect should take place.
Crimes encouraging consumer rights, in turn, can be divided into:
Crimes, causing or can cause direct harm to the rights and legitimate interests of the consumer;
Crimes, causing or subject to cause indirect harm to the rights and legitimate interests of the consumer.
Depending on the subject, the investigated group of crimes can be divided into:
Crimes committed by manufacturers, sellers or performers;
Crimes committed by consumers.
In addition, crimes in the consumer market can be divided depending on the sphere in which they are committed:
Crimes related to the turnover of alcohol products;
Crimes in the field of licensed activities;
Crimes related to the circulation of counterfeit products.
We agree with the position of A.M. Subbotin, that the Criminal Code as criteria for criminalization of crimes in the consumer market most often uses:
(a) Economic criteria, such as the size of the income received, caused by damage, the cost of objects of illegal activity (for example, Art. Article 146, 147, 159, 171, 178 of the Criminal Code of the Russian Federation, etc.);
b) the nature and degree of public danger of act (regardless of the consequences, for example, Art. Art. 242, 327, 327.1 of the Criminal Code of the Russian Federation);
c) adverse consequences for the life and health of the person who have come by negligence (Art. Art. 215.1, 235, 236 of the Criminal Code of the Russian Federation);
d) an administrative disubission (Art. 180 of the Criminal Code of the Russian Federation).
Qualifying signs of crimes in the sphere of the consumer market are as follows:
Group nature of encroachment (acts committed by a group of persons under a preliminary conspiracy or organized by the Group);
The consequences for the health and life of a person who can manifest themselves in the applied of grievous harm to health or causing human death;
Making significant damages or obtaining criminal benefits in a significant amount (significant damage, major damage, especially large size, as well as the extraction of income in particularly large amounts);
Using official position.
The subject of most of the considered compositions is a physically sane person who has reached the age of 16.
Of course, the provision of a brief criminal relationship of crimes in the sphere of the consumer market would be incomplete without the indication of the main directions of criminal effects in this field at the moment. As one of the most profitable and dynamically developing industries, the growth rates of which are annually 10 - 15%, the consumer market is distinguished by a clear predominance of private property (96%), increasing competition, low transparency, significant shares of the shadow sector (for some estimates - at least 40 %), the lack of reliable and reliable statistics, both in separate segments and in general, which creates prosperous conditions of latency of economic and tax crimes. Universal should recognize violations related to the deception of consumers, the illegal use of trademarks, the implementation of entrepreneurial activities without state registration, violation of the rules for attracting and using foreign workers, tax evasion. Disorders in the implementation of cash transactions, the lack of clear accounting of trading places, the implementation of counterfeit and smuggling products creates prerequisites for hiding most of the market sales revenue. According to various expert observations, the volume of counterfeit audioovideo products and computer programs in the consumer market comes to 80%, and their shadow turnover is estimated at 1.5 billion rubles Chumachenko A.E. Counterfeit as a socio-legal and criminal phenomenon: directions and means of its prevention by the internal affairs bodies // Legal world. 2007. No. 2. P. 42-46; Starostin A. Strengthening responsibility as a measure of combating "Intellectual Piracy" // Intellectual property. Copyright and related rights. 2007. No. 5. P. 4 .. An unfavorable situation is observed in other areas of the consumer market. So, according to the information of the Prosecutor General's Office of the Russian Federation, up to 12% of drugs implemented in the territory of the Russian Federation are falsified.
One of the most criminalized production sector and the turnover of alcoholic beverages. According to official statistics of Kozlov A., Musinov V. Alcoholic question // Social security issues. 2007. No. 1. P. 41-42; Kildyushov E.M., Buromsky I.V., Krier O.V. To the problem of diagnosing acute intoxication by ethyl alcohol in expert practice // Forensic medical examination. 2007. No. 2. P. 16. About 40 thousand people die from the use of poor-quality alcohol in our country for the year. Since 2000, this indicator grows annually.
Summing up, it can be noted that crimes in the consumer market are extremely diverse, and crime in this field is often hidden, latent character. In the prevention of crime in the consumer market, the most important aspect of law enforcement activity as a whole, aimed at stabilizing the situation in this industry, its harmonious development for the benefit of Russian citizens.
In the criminal law literature of the crime in the sphere of the consumer market, as a rule, they are recognized as a type of economic crimes and are allocated to a separate classification group (groups). By dividing this opinion, each of the criminologists who investigated the category of economic acts, it proposes the nehelistic of the informative characteristics of the encroachment, which relate to the corresponding species. The work analyzes the views of various authors expressed in this connection, it is formulated that the optimal version of the differentiation of economic crimes, which would mostly respond to theoretical and practical interests, is in the search. At the same time, attention is drawn to an essential feature: most authors propose to build a classification of economic crimes based on a certain area of \u200b\u200beconomic activity. This approach is optimal because it mostly takes into account the emerging and developing economic and legal realities.
There is no doubt that the consumer market is an independent and specific scope of economic activity. Its fundamental reason are, firstly, the free relationship of the purchase and sale of goods (works, services). Such a natural interchange gives people anything they want, not what they should want to understand some group. The seller must trade with high-quality goods, and the manufacturer to ensure their production in accordance with the established standards.
Secondly, in the process of implementing market relations, the Conditions for the development of healthy competition should be created.
Thirdly, the consumer market must be focused on compliance with the rights of consumer. Market relations should be built in such a way that the consumer rights are respected to acquire goods and services of good quality, safe for life and health. At the same time, the consumer must receive reliable information about the goods (works, services) and their manufacturers (sellers).
Criminal legislation, as a regulator of relations in the sphere of the consumer market, we believe in principle contributes to the achievement of these goals. Taking into account the above, such definition of crimes in the sphere of the consumer market is proposed. These are crimes that encourage the basic rights of consumers who have a threat to healthy competitive relations in the purchase and sale of goods (works, services) related to the production, storage, transportation or sale of low-quality, falsified goods (works, services) or their falsification in the implementation process, as well as acts that prevent legitimate, business activities.
The proposed definition enables the author to allocate three groups of crimes in the sphere of consumer market.
First group: crimes against consumer rights.This is a deception of consumers, bribing of participants and organizers of professional sports competitions and spectacular commercial competitions (Art. 184 of the Criminal Code of Russia), obviously false advertising, fraud (Art. 159 of the Criminal Code of Russia).
It should be noted that on December 8, 2003, the President of the Russian Federation signed the Federal Law "On Amendments and Additions to the Criminal Code of the Russian Federation" Meeting of the Legislation of the Russian Federation. 2003. No. 50. Art. 4848. In accordance with this law Art. 182 of the Criminal Code of Russia "Obviously false advertising", Art. The 200 Criminal Code of Russia "Deceptions" was raised. At the same time, prior to the entry into force of the Federal Law of December 8, 2003, deliberately false advertising, the deception of consumers was crimes, criminal cases were initiated under these articles, offenders were attracted to criminal liability; Information about this was registered in state statistics.
Second group: crimes against the procedure for legitimate competition in the market:preventing, restriction or elimination of competition (Art. 178 of the Criminal Code of Russia), coercion to make a transaction or refusal from its commission (Art. 179 of the Criminal Code of Russia), the illegal use of a trademark (Article 180 of the Criminal Code of Russia), violation of the rules for the manufacture and use of state treads Stamps (Art. 181 of the Criminal Code of Russia), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Article 183 of the Criminal Code of Russia).
Third Group: crimes against the established procedure for the production, transportation, storage, sales of goods (works, services).These include: illegal entrepreneurship (Art. 171 of the Criminal Code of Russia), production, acquisition, storage, transportation or sale of non-marked goods and products (Art. 171 of the Criminal Code of Russia); Production, storage, transportation or sales of goods and products, performance of work or provision of services that do not meet security requirements (Art. 238 of the Criminal Code of Russia); manufacture, selling fake grades of excise collection, special brands or compliance marks or their use (art. 327 of the Criminal Code of Russia); preventing legal entrepreneurial activities (Art. 169 of the Criminal Code of Russia).
The above classification, of course, does not claim to be delicacy and, moreover, does not have an exhaustive nature. Nevertheless, it seems to be sufficiently operational, suitable for use for practical purposes (for example, when building statistical groups) and in terms of formulating and solving theoretical problems (in particular, for the classification of crimes in the special part of the Criminal Code of the Russian Federation).
It is common that the species object of economic crimes is the established procedure for the implementation of entrepreneurial or other economic activity on the production, distribution, exchange and consumption of material goods and services. The author discusses from this point of view. First, the proposed understanding of the object of economic crimes makes them derived from the "established order", which, in principle, contradicts market relations. "Established order" is a sign of totalitarian, not a market economy. Secondly, economic crimes may encroach (and actually encroach) on the economic security of the state, society and personality. Moreover, the protection of economic security in principle should be a major priority in the design of economic crimes.
In the Law of the Russian Federation of March 5, 1992 No. 2446-1 "On the Security" of the Vedomosti of the SND and the Armed Forces of the Russian Federation. 1992. No. 15. Art. 769. Safety is defined as a state of protection of the vital interests of the person, society and the state from internal and external threats. At the same time, under vital interests, the set of needs is understood, the satisfaction of which ensures the existence and possibility of the progressive development of the personality of society and the state, and under the threats of security - a set of conditions and factors that create a danger called vital interests.
In terms of studying the topic under consideration, the threats should be distinguished by the progressive development of market relations and the personality of the consumer. As the analysis of regulatory acts and literature shows, these threats are related to the following factors:
Shadieving economy in the production of consumption goods and their implementation;
Corruption of the state apparatus and extortion of bribes from officials;
Arbitrariness of bureaucracy in the licensing process and other permitting procedures;
Criminalization of market relations; control over certain market sectors from mafia structures;
The presence of forces seeking to capture effectively working enterprises in any way, including the killing of their leaders;
Impoverishment of the population, reducing its effective demand, change in the consumption structure associated with the orientation to low prices;
Development of infrastructure producing and implementing falsified consumer goods;
Low level of public awareness about the protection of consumer rights.
The above list is not exhaustive. The main thing is to pay attention to this connection, is the complexity and multidimensionality of public relations that determine the real state of the market and consumer rights. The object of crime in the sphere of the consumer market, if we consider it from the point of view of the economic security of the state, entrepreneurial structures that produce consumption products, and consumers of these products becomes "alive", built into the relationship of the most different plan of Piskunov S.A. Crimes committed in the consumer market as an object of criminal law protection // Russian investigator. 2008. No. 11. P. 21 ..
The elected approach to understanding the object of economic crimes makes it clear why the crimes committed in the consumer market included encroachments provided for by Art. 159, 171 1, 238, 327 of the Criminal Code of Russia.
A peculiarity of economic crimes is their close relationship with economic legal relations. These legal relations regulate a certain (desirable, with optimal) order of economically significant behavior of economic entities. Therefore, when making economic crimes, they are subjected to violation. In other words, the object of economic crimes has a "core" - as it is advisable to consider economic security, and a "shell", which is represented by the legal relations regulating this area of \u200b\u200beconomic activity Criminology: a textbook for universities / ed. Malkova V.D. M., ZAO "Yusticinform". 2006. P. 347 ..
Giving the characteristics of crimes against consumer rights, notes the shortcomings of the criminal law standards, which, in his opinion, require improvement. In this regard, the attention of the disposition of Part 1 and Part 4 of Art is drawn. 184 of the Criminal Code of Russia. They are talking about bribing athletes, sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, and equals organizers or members of the jury of spectacular commercial competitions,as well as the illegal receipt of money, securities or other property, the illegal use of the property of the property with sports judges, coaches, team leaders and other participants or organizers of professional sports competitions, and equally organizers or members of the jury of spectacular commercial competitions.
Bribing of participants and organizers of sports are essentially an element of an illegal economy associated with sports.
The legislator limited the possibility of applying a commentated article by the framework professionalsports. In accordance with the Federal Law of December 4, 2007 No. 329-FZ "On Physical Culture and Sports in the Russian Federation" Meeting of the Legislation of the Russian Federation. 2007. No. 50. Art. 6242. Professional sport is entrepreneurial activity, the purpose of which is to meet the interests of professional sports organizations, athletes who have chosen the sport of their profession, and viewers. Entrepreneurs from sports are trying to profit, the athletes are engaged in sports activities for a certain fee, viewers get a sense of satisfaction, watching competitions, emotionally involving them ("pain"). And of course, paying money for visiting the competitions, the audience should be confident that they do not become victims of backstage frauds, the purpose of which is to "roll out" from the fans maximum funds.
Other business, spectacular commercial competitions. They suggest the scenario of their holding, including, as a rule, including the definition of the winner. The viewer of such a competition is perfectly aware that all issues have been resolved before holding it, he visits the spectacle and pays money for the spectacle. Here to raise the question about the deception of the viewer is ridiculous. Who deceives the organizer of the spectacular competition? By myself? These questions are hanging in the air, showing the absurdity of criminal responsibility for such actions. Consequently, from Art. 184 of the Criminal Code of Russia it is advisable to remove an indication of the bribery of participants and organizers of spectacular commercial competitions. Let them carry anyone when they conduct them if they wish it. Draw interests do not suffer so much so that at the same time threaten criminal liability. The corresponding changes should be made in part 4 of Art. 184 of the Criminal Code of Russia.
Decriminalization of Art. 200 of the Criminal Code of Russia means that from the moment of entry into force of the Federal Law of December 8, 2003, the deception of consumers will lay down as a special type of fraud and qualify it under Art. 159 of the Criminal Code of Russia or as a kind of causing property damage by deception or abuse of confidence (Article 165 of the Criminal Code of Russia). It does not "overlaps" all possible collisions associated with deception of consumers. You can foresee that the practice of applying Art. 159 and 165 of the Criminal Code of Russia for the deception of consumers will face difficulties that will require the guidelines for the competent authorities of the Russian Federation.
Crimes against the order of legitimate competition in the market: prevention, restriction or elimination of competition (Art. 178 of the Criminal Code of Russia), coercion to commit a transaction or failure to commit (Art. 179 of the Criminal Code of Russia), illegal use of the trademark (Article 180 of the Criminal Code of Russia) , violation of the rules for the manufacture and use of state tubes (Article 181 of the Criminal Code of Russia), illegal receipt and disclosure of information constituting commercial, tax or banking secrets (Article 183 of the Criminal Code of Russia). Their analysis shows that the possibility of improving the legislator's relevant norms is fully implemented. In addition, some changes made to the Criminal Code in accordance with the Federal Law of December 8, 2003 are critical comments. So, it seems an ill-conceived modification of the composition of the crime provided for by Art. 178 of the Criminal Code of Russia, from the formal to material. If in the previous edition of Art. 178 of the Criminal Code of Russia provided for criminal liability for accomplishing actions to prevent, restrict or eliminate competition, then, according to the current edition, it is necessary to establish the causation of major damage. In accordance with the note on this article of the Criminal Code, the damage is recognized as large damage, the amount of which exceeds one million rubles. Article 178 of the Criminal Code of Russia and was previously applied quite rarely, law enforcement practice has reached a "peak" in 2000, when 36 people were attracted to criminal liability; It is unlikely to be activated due to the complication of the subject of proof.
The legislator did not eliminate the constructive deficiencies of Art. 179 of the Criminal Code of Russia "Forced to make a transaction or a refusal of its commission." In our opinion, the article should be constructed consisting of three parts. In the second part - to include qualifying acts: the use of violence, in a large scale, a group of persons by prior agreement; The third part is to include specially qualifying acts: with the causation of grave harm to the health of the victim, in particularly large-scale, organized by a group of persons. Then the design of the article looked more consistent, and most importantly, would correspond to the logic of the construction of "close" articles, and indeed the logic of the design of the norms of the special part of the Criminal Code of Russia, where, as a rule, there are no sharp "transitions" from a crime committed alone, to Acts committed by an organized group of persons Criminal law of the Russian Federation. Particular part: textbook / ed. Raroga A.I. M., lawyer. 2008. P. 216 ..
In connection with the exception of a sign of repeatedness from the Criminal Code, it was logical to expect that it would be recognized as invalid and in the disposition of HC. 1 and 2 tbsp. 180 Criminal Code of Russia. However, this did not happen: all changes made in Art. 180 of the Criminal Code of Russia by the Federal Law of December 8, 2003 concerns only sanctions. It can be stated that the legislator carelessly worked for the HC composite. 1 and 2 tbsp. 180 of the Criminal Code in terms of the content of the objective side. Obviously, a constructive sign of repeatedness in these dispositions should be eliminated.
Based on the analysis of Art. 180 of the Criminal Code of Russia proposes a combination of dispositions of the first and second parts into one. The second is to introduce into the disposition instead of a sign of repeatedness of another condition, namely: "If this act is committed by a group of persons by prior agreement." The third - additions of a qualified composition by another sign - the commission in particularly large amounts.
The first remark is motivated by the lack of differences in the public danger of the acts provided for by CC. 1 and 2 existing edition of Art. 180 of the Criminal Code of Russia, the second - the fact that the sign of repeatedness does not "work" (and should not "work" in connection with the new legislative approach), as well as the consideration that in one rate incorrectly unite two qualitatively different features: committing a crime on preliminary conspiracy and organized by the group. As for the third remark, its expediency is determined by the logic of building articles on responsibility for economic crimes: the presence of a major damage is naturally indicated by the need to take into account the damage in particularly large amounts.
As a result, the following edition of the dispositions of Art is proposed. 180 of the Criminal Code of Russia:
"1. illegal use of a foreign trademark, service sign, the name of the place of origin of the goods or similar designations for homogeneous goods, but equal to the illegal use of warning labeling in relation to the trademark not registered in the Russian Federation, if this act is committed to a group of persons or in large size, punished ...
2. The act stipulated by the first paragraph of this article committed by the organized group or caused a particularly large damage is punishable ... ".
Article 181 of the Criminal Code of Russia "Violation of the Rules of Manufacturing and the Use of State Tubes" also has reserves for improvement. In our opinion, it is advisable to add art. 181 of the Criminal Code of Russia is a third part, providing for a particular aggravating circumstance to commit an act with an organized group. As for the part 2 of Art. 181 of the Criminal Code of Russia, then it should be foreseen of the following signs: the commission of an act on the preliminary conspiracy by a group of persons or a person with access to the stamps by the nature of their work or service.
When criminalized the composition of illegal entrepreneurship (Art. 171 of the Criminal Code of Russia), the author states that the illegality of entrepreneurial activity is characterized by the following features. First, this is an activity without registration. The procedure and conditions for the registration of individuals and legal entities intended to engage in entrepreneurship are determined by many laws and sub-law acts of Basmanov N., Morozov P. Protection of the rights of entrepreneurial activities // The legality. 2008. No. 8. P. 21 .. The entrepreneurial registration itself is currently a rather complicated procedure that requires significant temporary and material costs, which is a well-known barrier on the path of its development.
Secondly, the legislator refers to illegal entrepreneurship when entrepreneurial activities are registered with violation of the procedural rules (regulations), as well as with the submission to the authority that carries out the state registration of legal entities, documents containing obviously false information. These situations were introduced into the objective side of the circumstances of the crime in 2002. These additions further complicate the registration process, since in principle the conditions for the implementation of the "presumption of guilt" in relation to the entrepreneur who has passed the relevant procedure. In fact, even a non-essential violation of the regulations may be fraught with criminal laws for the entrepreneur (depending on how the law enforcement reaches it). In this regard, it is an objection to the imposition of guilt for illegal entrepreneurial activities on a person due to the fact that the registration of its enterprise has passed with a violation of certain rules. Essentially, this item objective side allows for objective imputation.
Other business registration of entrepreneurial activities related to the submission to the registration authority of documents containing obviously false information. Here, obviously, an attempt is made to stop the registration of one-day firms. This task is undoubtedly relevant, however, it seems more appropriate to formulate the corresponding sign of the objective side as "registration associated with deception."
The intelligence of Article 171 of the Criminal Code of Russia "illegal entrepreneurship" is obvious in terms of accounting for such a qualifying circumstance, as the commitment of the Acts on the preliminary conspiracy by a group of persons.
Considering the crimes provided for by Art. 171 1 Criminal Code of Russia "Production, Acquisition, Storage, Transportation or Sales of Unmarked Goods and Products" and Art. 327 of the Criminal Code of Russia "Manufacturing, Sales of Fake Stamps of excise collection, special brands or conformity marks or their use", draws attention to the close relationship between them. Criminal liability for these acts was introduced simultaneously. They have the same main object in terms of economics - public relations in the sphere of the consumer market, since marking means are manufactured in order to market consumption goods. Premise Art. 327 1 The chapter 32 "Crimes against Management Procedure" indicates that this act has an additional object - the established procedure for labeling products. Many subjects of management are involved in ensuring this order. This, apparently, explains the location of the article characterized in the structure of the special part of the Criminal Code of the Russian Federation, although it is the criminal law of the Russian Federation in its facility "closer" to economic crimes. Particular part: textbook / ed. Johnova-Khgai L.V., Chuchaeva A.I. M., infra-m. 2006. P. 312 .. From this point of view, it can be characterized as a "article with a prevention", the preventive potential of which is aimed at preventing the encroachment provided for by Art. 171 1 of the Criminal Code of Russia.
The object of the crime provided for by Art. 238 of the Criminal Code of Russia "Production, Storage, Transportation or Sales of Goods and Products, Performing Works or Provision of Services Not meeting Safety Requirements," Theses most brightly illustrates that economic crime threatens security. In this case, the criminal act threatens the security of the life or health of consumers. In this regard, it is natural to attribute the considered offense to the crimes in the sphere of the consumer market. At the same time, the name of Art. 238 of the Criminal Code of Russia indicates that the acts provided for by it violate the established procedure for the production, storage, transportation, sales of goods and products, performing work or provision of services. In fact, compliance with the established procedure for the commission of relevant operations in principle excludes the cultivation of threats to the safety of the life or health of citizens speaking by consumers. Such an order is scrupulously set out in various regulatory legal acts.
The objective side of the crime since the adoption of the new Criminal Code has undergone significant changes. It was supplemented with new types of acts, its dispositions became more capacious, and most importantly - the corresponding formal composition (with the exception of paragraph "G" Part 2 and h. 3).
Describing the act provided by Art. 169 of the Criminal Code of Russia "Combining Legal Entrepreneurial Activities", notes that this crime characterizes the problem under consideration on the other side - in terms of creating artificial obstacles to the development of entrepreneurial activities. In countries with a developed market economy, a large proportion of entrepreneurship falls on medium and small business. In many states there are special programs aimed at encouraging such a business, its legal stimulation. At the same time, try to adhere to the general rule: minimizing restrictive and permitting measures. It is obvious that the more such measures, the higher the corruption among representatives of the bureaucratic apparatus.
It is possible to argue with great confidence that the most favorable conditions for the development of small and medium-sized businesses existed in Russia at the beginning of the implementation of economic reforms. True, at that time there were many other costs (for example, a sharp criminalization of economic relations), but it is indisputable that in the one, the first period of economic transformations the entrepreneur was not so dependent on the bureaucracy. It was enough to register their entrepreneurial activities and immediately start working. Currently, to open your own business, it is necessary not only to register as an individual entrepreneur and register a legal entity of a certain organizational and legal form (it is relatively easy), but also to get a license, certify your product or offered services, etc. (which is quite difficult). The number of regulatory legal acts regulating the conditions and order of licensing exceeds one thousand. It is clear that this is a serious brake of the dynamic development of entrepreneurship in Russia.
Conclusions of 1 chapter
Consumer Market Crimes are acts encroaching on the basic rights of consumers who have a threat to healthy competitive relations when buying and selling goods (works, services) related to the production, storage, transportation or marketing of low-quality, falsified goods (works, services) or their falsification in the process of implementation, as well as acts that prevent legal entrepreneurial activities.
From theoretical point of view it is advisable to allocate the following groups of crimes in the sphere of the consumer market:
1. Offenses against consumer rights.
2. Encouring on the order of legal competition in the market.
3. Crimes against the established procedure for the production, transportation, storage, sales of goods (works, services).
Summing up the criminal relationship of crimes in the consumer market, as a whole, the existing regulatory framework, although not fully perfect, nevertheless, allows to carry out an effective struggle against economic crimes in the sphere of the consumer market.
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Hubutia Mikhail Mikhailovich. Prevention of economic crimes in the consumer market: dis. ... Cand. jurid Sciences: 12.00.08: Moscow, 2002 213 c. RGB OD, 61: 03-12 / 169-0
Introduction
G L A V A I. The criminological and criminal law characteristics of economic crimes in the modern consumer market
1. Consumer market: concept, essence, structure. The overall characteristics of the criminological situation in the domestic consumer market 14
2. Economic crime in the consumer market: the main features and trends of development 47
G L A C A II. Criminological and organizational and legal problems of prevention of economic crime in the consumer market
1. The main directions of the organization of prevention of economic crime at the Consumer Market Objects 92
2. Characteristics of the system of subjects of prevention of economic crime in the consumer market 119
3. Coordination, interaction and planning of activities of crime prevention in the consumer market 145
Conclusion 172.
References 184.
Appendices 201.
Introduction to work
Relevance of the topic. Russia's transition to market relations has radically changed the criminal situation in all fields of the economy. The destruction of the existing organizational and economic relations, the unbalance of economic interests and the legal unreasurement of the relationship between the participants of the chain "Production - Processing - the sphere of circulation - the consumer" the most adversely affected the state of crime at the Consumer Market facilities.
An unreasonable increase in prices, violation of the rules of trade and deception of consumers, illegal entrepreneurship, monopolistic actions, were acquired over the past 12-15 years more sophisticated nature, masked criminal structures and a corrupt part of the state apparatus under the guise of progressive market relations. As a result, the consumer market has become one of the largest criminal spheres of the country's economy. If in 1991, the fifth part of the registered economic crimes was revealed here, in 1995 - every fourth crime, in 2001 - every third crime of economic orientation is associated with the consumer market. These trends point to the relevance of the topic of research.
The consumer market is reasonably considered the most important strategic part of the economic system of Russia. Affecting the life of every citizen, ultimately it is he determines the social stability of society. In addition, this sector of the national economy, being a source of cash receipt, acts as an important budget-negative subsystem of the Company who form the basis of the financial sustainability of the state.
Taking into account the social significance of the consumer market and the complications of the criminogenic situation at its facilities, the task of stabilization of the situation in this field of economy is currently becoming state importance, is a condition for the overall development of the Russian economy.
In the current conditions, the legislative and executive authorities of the Russian Federation and its subjects, local governments are making significant efforts to create an effective mechanism for regulating public relations in the sector of the economy. However, the level of systemic vision of the problems of the consumer market and getting rid of it from criminal "layers" has not yet led to sustainable positive results. The measures taken to improve the situation in the consumer market for the most part are fragmented, only certain questions decide, do not have a long-term perspective and a reliable legal framework.
By and large, state institutions designed to prevent economic crime were incapable at this stage of development of our society to actively counteract crime in the sphere of the consumer market, as well as ensure the safety of entrepreneurial activities, the life and health of citizens. As a result, the criminal structures more and more strengthens their onslaught, exciting new objects of the consumer market, which continue to "leave" from under the control of the state to the shadow sphere, which acts as a serious threat to the economic security and political stability of the country.
The current development of criminal business in the sphere of the consumer market has already led to a number of negative consequences, including:
The destruction of the system of protecting the internal consumer market from excessive pressure of products of foreign producers;
A wide penetration of the consumer market of falsified goods;
Strengthening the influence of organized criminal communities (organizations) on the activities of business entities who have chosen the consumer market to the sphere of their commercial activities;
Deterioration of tax collection situations with business entities engaged in commercial activities in the consumer market.
The degree of the development of the topic. The choice as an object of study of crime in the consumer market is primarily due to the unfavorable trends of its development, requiring the most closest study, as well as the need to develop a complex of adequate situations of organizational and legal measures aimed at preventing criminal manifestations in the sector under consideration. Much has already been done in this regard, including from the position of economic science, science management, criminology, criminal law. However, the study of crimes in the field of commercial circulation, and in particular in the sphere of the consumer market, there is still a low-developed and highly relevant scientific problem.
The study relies on the huge achievements of domestic science. Significant contribution to the development of theoretical and practical problems of criminology and criminal law on crime prevention, including those committed in the field of economy, were made by well-known scientists: G.A. Avanesov, Yu.M. Antonian, A.I. Alekseev, St. Borodin, ld Gaukhman, A.I. Dolgova, A.E. Zhalinsky, Yu.I. Lyapunov, V.N. Kudryavtsev, N.F. Kuznetsova, R.N. Marchenko, N.A. Stolkov, G.F. Khokhryakov, V.E. Emins, A.M. Yakovlev and many others, as well as economists, at different times, who studied the problems of the consumer market: L. Krzman, V. Novozhilov, L. Abalkin, P. Bunin, N. Shmelev, E. Gaidar, Ya. Kornai, D. Gross and T .. However, the works of these authors who had an invaluable contribution to the formation and development of domestic science were carried out mainly in relation to another social situation and today do not give exhaustive answers to address newly emerging problems related to crime in the field of economic activity and the consumer market in particular .
At the same time, in the works of criminologists of the last decade, as a rule, attention is drawn to the study of although important, but enough narrow problems related to the problem under consideration. At present, in connection with global changes in the nature, scale and dynamics of economic crime in the consumer market, complex surveys in this area are becoming increasingly relevant.
The study is an attempt to scientific understanding not by a separate private problem, which is distributed in the sphere of the consumer market, and directly the entire complex of criminally significant phenomena in this area in all its basic relations and interdependencies. This approach allows: first, to get a common picture of economic crime in this vital economy, secondly, to study the most fundamental economic reasons for determining the nature of its emergence and "death", thirdly, based on the scientific findings obtained Conceptual basis for the development of a system of prevention of economic crime in the sector under consideration.
All of the above, according to the dissertation, testifies to the relevance of the topic of the dissertation research.
Object and subject of dissertation research. As an object of study, a complex of protected public relations, developing in the process of functioning and regulating the consumer market, is elected.
The subject of the study includes: economic crime in the consumer market as a socio-legal phenomenon, the main causes and patterns of its development, as well as the organization of the activities of state bodies - subjects of crime prevention in the studied sector of the economy.
The purpose and objectives of the study. The theoretical purpose of this work is a comprehensive, systemic study of the nature and patterns of the development of economic crime in the sphere of the consumer market in a modern period, a functional analysis of the activities of state bodies for crime prevention in this area of \u200b\u200bthe economy. The practical orientation of the goal of the study is expressed in determining the set of organizational, legal and criminological measures aimed at preventing the economic crimes in the sphere of the consumer market, in developing recommendations, provisions and conclusions to improve the effectiveness of the stabilization of the criminogenic situation at the consumer market facilities.
The main tasks specifying the goal of the dissertation study are:
Study of the theory of the nature of the nature of the emergence and the main laws of the development of economic crime in the consumer market;
Analysis and assessment of the criminogenic situation in the consumer market, identifying the characteristics and patterns of the development of economic crime in this field;
The criminological and criminal law characteristics of crimes committed in the area of \u200b\u200beconomic activity under consideration;
Studying the effectiveness of the activities of the subjects of the prevention of crimes in the consumer market and the problems of improving their activities;
Analysis of the problems of coordination and planning activities of state bodies - subjects of crime prevention in the consumer market and the development of measures to ensure their interaction and cooperation;
Development of new conceptual provisions for the development of a crime prevention system in the consumer market.
Methodological, methodological and empirical foundations of the study. In the process of study, the author used modern methods of knowledge developed by philosophy, sociology, criminology, other legal sectors. Analysis of studied phenomena is based on a systematic approach.
The research methodology includes the use of various theoretical and empirical methods and means of obtaining and processing information. During the study, methods of logical and legal analysis, formalization, analysis and synthesis of statistical indicators, sociological studies (interviewing, expert assessments) were used.
The theoretical basis of the work of steel works on the theory of law and individual branches of law, economics, social management in terms of the issues of crime prevention in the consumer market is. This study was carried out within the framework of a special part of criminology, which studies the cause and conditions of certain types of crimes and developing measures to prevent them, as well as provisions settled by the norms of the overall and special parts of criminal law.
The provisions and conclusions of the study are based on the study: criminal legislation of the Russian Federation, laws and departmental regulations governing the activities of business entities who have chosen the consumer market to the sphere of their commercial interests, and subjects of prevention of economic crime in the consumer market; statistical data on the status and dynamics of this crime; Materials on the activities of the subjects of the crime prevention system in this area of \u200b\u200bthe economy (including the example of the Moscow region). The empirical base of the study form materials to study 158 criminal cases, a survey of 203 law enforcement officers, whose activities are associated with law enforcement in the sphere of the consumer market, over 350 entrepreneurs. The experience of the dissertation was also used, almost 15 years of ensuring the work of various state-appliance structures in the consumer market of the Moscow region and in Russia.
Selected methods and research procedure provide sufficient scientific validity and reliability of the provisions contained in thesis, conclusions and recommendations.
The scientific novelty of the study, its theoretical and practical significance is ensured by the targetting of this work, which is focused on the implementation of a comprehensive analysis of the main criminal phenomena in the consumer market and the activities of state bodies for crime prevention in this field, as well as the development of a conceptual model of its further development.
In general, the main research approaches and formulated in the dissertation of the provisions indicating the scientific novelty of this work are reduced to the following:
Analyzed the development of a criminogenic situation in the consumer market from the 80s. XX century to the present, including on the basis of studying the block of socio-economic determinants;
The characteristic of the current state and trends in the development of crime in the consumer market in the main criminological parameters are given;
Disclosed the relationship and interdependence between economic crime in the sphere of the consumer market and organized crime;
Analyzed promising directions for the development of a system for preventing economic crime in the sector under consideration;
Measures to develop a system of state bodies - subjects of crime prevention in the consumer market, improving the efficiency of their activities, improving coordination and interaction, as well as integrated planning of their activities.
The main provisions endowed with the defense:
1. Appeal on the consumer market of significant money supply, the massiness of daily transactions for the sale of goods make this scope of commodity and money relations the most attractive for illegal and criminal economic activity. The criminal situation in this field of economics has now gained a qualitatively new character both by the scale of criminal manifestations and by the degree of real threat to the country's economic security. The scale of criminal manifestations, to a certain extent reflective dynamics and the latent part, says that the increase in economic crimes is 4 times higher than the general increase in these crimes over the past five years. Such an assessment specifically
2. Of all the reasons for determining crime in the sphere of the consumer market, the seizure of criminal structures has an increasing number of its sectors today is one of the most dangerous threats to the country's economic security, since as a result of this process, there is a weakening of state control for the main cash and commodity flows, which leads To an increase in the scales of the Black Naly and the further expansion of the scope of influence of the shadow economy. According to expert estimates of this study in the consumer market, about 30% of the "Black Nala" of Russia is washed off. The author formulates proposals for the improvement of legal regulation and improving the prevention of crimes in the sphere of the consumer market.
4. Building a full-fledged complex for crime prevention in this case, it assumes both the immediate impact on the processes in the consumer sector and the neighboring areas of the economy, indirectly affecting the state of the consumer market.
At the same time, the improvement of the system of prevention of economic crime in the consumer market should be carried out taking into account that in this field of economy in concentrated form, all phases of the process of reproduction and promotion of goods and services to the consumer are reflected, the regulation of each of these stages is characterized by a certain specificity. The dissertation considers the features of preventive activity in relation to the stages of promoting goods and services to the consumer market.
5. As the economy exits their crisis, the normalization of the consumer market, the development of its infrastructure and healthy competition has established an increase in the role of economic management methods and stimulating legitimate commercial activities. The author offers measures to enhance the law enforcement mechanism for the impact on economic crime in the consumer market and measures aimed at improving the prevention of crimes in the conditions of the consumer market.
6. In order to improve state regulation in the sector under consideration, the formation of a unified system of the executive authorities of the Russian Federation and its subjects, local governments, streamlining functions and powers of these subjects, increasing the level of planning and coordination of their activities in the field of protection of the consumer market, to give it activities of civilized The nature and development of a sufficient legal framework. Based on the experience of the Moscow region and a number of other regions, the dissertant suggests the efforts of all law enforcement and controlling structures operating at the Consumer Market facilities, provides recommendations on planning, interaction and coordinate their activities and developing a regulatory legal framework.
Approbation and implementation of the dissertation research results.
The main provisions endowed with the defense, conclusions and suggestions formulated in the thesis are outlined in 3 published by the author's work with a total volume of about 1.6 pp.
Theoretical provisions and practical findings of the study reported and discussed in All-Russian and regional interdepartmental scientific and practical conferences and seminars held in Moscow.
Conceptual ideas and specific suggestions of the author are implemented in a number of bills of government of the Moscow Region, proposals to the Government of the Russian Federation and the Moscow region.
Implementation of research results is confirmed by relevant official acts.
Structure of work. The thesis consists of introduction, two chapters, conclusion, bibliographies and applications. The work is made in accordance with the requirements of the WAK.
Consumer Market: Concept, Essence, Structure. The overall characteristics of the criminological situation in the domestic consumer market
In a wide meaning of the word, the market is the most common and effective mechanism of public division of labor, strengthening economic relations, ensuring the interaction of various kinds of economic entities, as well as the underlying condition for the construction of rational production and commercial structures.
As is known, according to the laws of the market economy, the development of production determines the consumer based on the needs of its needs, which in turn represent the product of the social development of the Company's productive forces, reflecting the real level of material well-being and culture of the nation, and at the same time set the development directions as a production goods and markets of their sales. In the market conditions, manufacturers of goods, focusing on buyers' demand, decide whether, in what quantity and which products produce, from what resources and with the help of which technologies, to which contingent consumers to navigate.
At the same time, the market acts and the sphere of commodity treatment that detects and establishing socially necessary labor costs for the production of goods. In this field of commodity and money circulation, two most significant socio-economic process are carried out: first, the redistribution of the surplus, and sometimes the necessary product created by commodity producers; Secondly, the change of owner as a result of the act of purchase and sale of the property.
World, and already domestic, practice shows that commodity and market relations can be freely implemented only on the basis of :- personified property; - the necessary freedom of production and commercial activities of all participants in social proceedings; - availability of "solid" authority currency; - established system of credit and financial relations; - The skills of manufacturers and managers are integrated into market relations.
Thus, the market selection not only the most effective technologies and organizational systems, but also forms of ownership (private, collective, state) recognized and protected by law.
In modern conditions, it was difficult for the structured production of the sphere of trade in a complex mechanism for its maintenance. Industry specialization industry, as well as other sectors of the economy, entailed the market specialization. As a result, there are currently dozens of market species, including: money market, borrowed fund market, securities market, loan capital market, labor market, etc.
The author examines the consumer market as the most vital subsystem of the modern economy, in the process of which the main goal of the entire reproduction cycle is being implemented - finite personal consumption, meeting the diverse needs of the population.
In domestic and foreign scientific literature there are various interpretations of the concept of the consumer market, including due to the fact that the latter is the subject of studying various disciplines dealing with the issues of the device and the development of society.
The absence of a detailed definition reflecting the multi-term of this complex element of the economic system is still raising scientific discussions.
To clarify the essence of the consumer market, we will focus on the main approaches to its definition, which, developing mainly in the framework of economic science, two priority areas have a generalized form.
According to the representatives of the first approach, the consumer market, in general, identified with the terms of the sale of goods and trade, covers the combination of market entities and commodity-monetary relations in which these subjects enter. So, F. Kotler interprets the consumer market as individuals and households buying goods and services for personal consumption in other ways. A similar definition occurs in the encyclopedic dictionary for the economy, in which the consumer market is interpreted as a market, where individuals and households sell or buy consumer goods and services directly satisfying the needs of a person2.
On this issue there is also a point of view, according to which under the consumer market means the scope of the implementation of only part of goods and services sent to personal consumption. For example, according to T.V. Possible, the consumer market is an integral part of the market of products, where households with other subjects of market relations are engaged in the relationship of buying and selling goods and services for personal consumption3.
Supporters of another approach give more accurate and acceptable (if we take into account the significance of the specified phenomenon in public life) interpretation of the consumer market, reflecting the relationship between production and consumption. In particular, V.A. Nikolaev considers it as a system of economic relations that ensure the relationship of production with consumption through the processes of buying and selling goods and services1.
Economic crime in the consumer market: the main features and development trends
Economic crime as an independent concept firmly included in the terminology of the cryminologists, lawyers, economists, sociologists, as well as practical workers of law enforcement agencies from the mid-80s. However, one of the opinion on its criminological content is still absent, which generates a number of legal and organizational problems.
In the pre-reform period, starting from 30s and to the end of the 80s, under economic crime, encroachments for state ownership were understood, and the main form of economic crime was considered the embezzlement of socialist property committed using official position1. This approach was justified by the exclusive position of state ownership in the system of production relations of the period.
With the transition of the economy to market relations and especially after the adoption of the new Criminal Code of the Russian Federation, the practical task of understanding the criminological content of this concept has been facing the legal science.
To date, both in the domestic and foreign literature of criminological and criminal and legal sciences have not yet developed a generally recognized definition of the category "Economic Crime". Most authors converge in the opinion that the boundaries of this socio-legal phenomenon are very blurred.
On this account V.V. Luneyev writes that economic crimes are part of crime directly related to economic relations in the country and in the world. At the same time, an understanding of this group of acts is even more vaguely than selfish crime itself, but nevertheless, these crimes are considered in the form of a relatively independent group1.
In turn, B. Svenson directly indicates that the concept of "economic crime" does not have clear criminal law borders2, while A.M. Yakovlev believes that this concept covers a variety of damage to the economic interests of the state and citizens by the law.
In almost all cases of interpretation of the category "Economic Crime" by various authors, the fact that economic crimes are interpreted as criminal encroachments, which are committed in the field of economic relations, the object of which are different kinds of economic relations, and the subjects of the Lica, decisive issues of economic relations or their implementing4. For example, V.M. Esipov and R.N. Marchenko determines economic crime as acts aimed at obtaining an economic result (through the satisfaction of selfish interest), carried out by illegal through the subjects of economic activities1.
At the same time, it should be noted that some authors attempts to identify economic crime with criminal economic activities to extract profits, satisfying the mercenary interests of entrepreneurs. As part of this approach, the category of economic treated crimes committed only by entities of entrepreneurship in the field of economic activity and directly in the process of business2.
The current Criminal Code in Section VIII, in chapters 21, 22 contains 43 criminal law standards that establish responsibility for crimes in the field of economic relations, including: - Property; - Relations arising from the exercise by officials of permits, control and supervisory and other functions of regulating entrepreneurial activities; - the interests of the economic system of the country as a whole, as well as the interests of its most important components, namely the monetary circulation systems, credit and financial relations; - legitimate material rights arising between commercial and non-profit organizations, government organizations and citizens, the normal functioning of the commodity market; - the turnover of values \u200b\u200bhaving the most important strategic importance; - The current procedure for taxation of citizens and prevention of non-payment of taxes.
This list, which characterizes the system of crimes in the field of economic activity, as well as the content of the relevant norms of the Criminal Code of the Russian Federation, clearly demonstrates the breadth of social values \u200b\u200bthat are protected by them. This in turn indicates the capacity of the concept of "economic crime", as well as on the exclusive diversity of economic relations, which can be differentiated by the content, nature and sectors of economic activity.
The main and most important component of the system of economic relations is considered to be the property relationship, which in terms of market reforms are of particular interest.
Property as a social phenomenon and economic category is a triad of public relations of possession, use and disposal of material benefits belonging to the owner.
The Civil Code of the Russian Federation in Article 1213, 214 and 215 allocates the following forms of ownership and, accordingly, the right to it: - Property of citizens and legal entities (except for state and municipal enterprises and institutions); - state ownership (federal property and property of constituent entities of the Russian Federation); - Municipal property, i.e. Property owned by city and rural settlements, as well as other municipalities.
The Constitution of the Russian Federation in Article 8 enshrines the principal provision that the protection of private, state, municipal and other forms of ownership is equally guaranteed in Russia.
Any embezzlement of someone else's property simultaneously violates the soci-ailic-containing property relationship, and its "legal shell" in the form of ownership, which also enters the scope of the object of criminal law from mercenary encroachments.
The main directions of organization of prevention of economic crime on the facilities of the consumer market
In the domestic criminology literature, there are several concepts used to determine the process of impact on crime as a social phenomenon: the fight against crime, the fight against crime, social control, prevention, prevention, prevention and prevention of crime, etc. This is definitely not not to generate a variety of approaches To understanding the essence of the activities under consideration and constant discussions on terminology issues.
Without stopping in detail on the content of the listed categories, we indicate that, according to the overwhelming majority of specialists, the most successful and ultimately become the most common concept of "crime prevention". The latter is considered as the main direction and practical task of the state and society in the field of combating anti-social criminal manifestations and includes many types of activities: monitoring, analysis, crime prediction as a social phenomenon, development and implementation of measures to prevent it, as well as identifying and eliminating crime causes , Providing preventive impact on persons with pre-crime behavior, assisting the population to protect against unlawful actions.
Under the warning of crime in criminological literature it is understood as a "multi-level system of state and social measures aimed at eliminating, weakening or neutralizing causes and crime conditions" 1. This, already becoming a classic, definition is used by many specialists when conducting research, although this concept is still not indisputable.
As for the most close to the term "prevention" under the term, the concept of "prevention" is understood, then under the latter is a system of measures directed both to identify, restriction and neutralization of crime factors, to reduce the public danger of the personality of the criminal and to eliminate factors contributing to the distribution of individual species of crimes2; The activities of social institutions on the protection of society from the negative social consequences of criminal manifestations. At the same time, some authors believe that the concepts of "prevention" and "warning" are equivalent, and they can be used as synonyms3.
Prevention of economic crime in the socio-legal (wide) understanding is the active use of state and public institutions of the historically established system of objective and subjective prerequisites for deterring, counteracting and overcoming the causes, conditions and factors determining the economic crime and committing specific crimes in various fields of economic activity , Including in the consumer market.
According to some authors, the prevention of crimes in the field of economics is an integral part of social management and involves the implementation of a system of economic, organizational and industrial, technical, legal, educational measures aimed at correcting the identity of offenders and the neutralization or reduction of the circumstances that make the commission of crimes.
Crime prevention is a set of elements that includes: objects of preventive activity, its main levels and forms, preventive impact measures, as well as subjects carrying out this work2. The objects of warning primarily include socio-economic, political, psychological and many other factors.
The object of general warning of economic crimes in the sphere of consumer market is the criminal phenomena of various levels affecting the scale of crime, its dynamics and structure, as well as on certain types and groups of crimes.
The criminical literature proposes a wide variety of environmental prevention measures: in terms of, objectives and objectives of their use, the scale of implementation, according to the degree of influence intensity, on the legal characteristic, in content, by subject and the object of impact and other options3.
The approach is very common, according to which the main components of the crime prevention system are: general measures of social crime prevention; organizational and legal measures to ensure social prevention of crime; Special measures of social warning crime1.
Along with this, in the criminological literature, levels based on vertical differentiation: the first level provides for the solution of large social, economic and other problems of the life of society by improving public relations at this stage of the Company's development; The second - implies a warning-preventive impact on specific social groups and segments of the population; The third level is directly related to the individual preventive impact on specific individuals whose main task is to change the system of value orientation of a person.
The most important for preventing economic crime in the sphere of the consumer market is common-valuable measures, which are a large-scale complex of economic, political, cultural and educational measures and serves as a basis for special and individual prevention measures. Describing them in general, we believe that at present they should be directed mainly on: - the creation of conditions for the implementation of the creative potential of an individual in the field of economic interests through the free choice of any forms of management using private, collective or state ownership; - ensuring equal legal protection of entrepreneurship in various sectors of the economy; - guaranteed non-interference in the economic activities of owners and teams; - a change in the order of relations between enterprises with the state and among themselves towards the construction of economic relations on a voluntary basis, etc.
Characteristics of the system of subjects of economic crime prevention in the consumer market
The system of subjects of prevention of economic crime in the consumer market has historically developed in 20-30. The XX century and operated in the country for the next decades, practically without reform. However, already in the early 1990s, taking into account the requirements of new economic relations, there was an urgent need for its substantial updating and reorienting government bodies dealing with the consumer market issues.
This problem situation fulfills the law enforcement agencies in the fight against criminal acts that previous criminal law did not know. .
In this regard, the structure of state bodies for the prevention of offenses and crimes in the consumer market in the 90s. has undergone significant changes. The system of subjects designed to present in Russia, designed to counter crime in this sector, in full compliance with the diversity of areas of activity in this area is a very complex multi-ship formation.
Among them, the author allocates three groups: - Subjects operating in the system of government, whose activities are related to the protection of the procedure for the functioning of the Consumer Market facilities, legitimate rights as entities of entrepreneurial activities in the consumer market and millions of consumers;
Subjects operating in the law enforcement system whose activities are aimed at identifying, prevention, suppression and disclosure of crimes in the field of economic activity in the consumer market;
Subjects whose activities are based on the initiative of public organizations, and is mainly due to purely prophylactic activities, for example, with the organization of consumer education, the study of public opinion, the prevention of deception of buyers, etc.
Describing the competence of the subjects of the two first groups relating to the executive authorities, it should be noted that for such bodies, the definition of competence1 and its legal consolidation allows it to clearly regulate the rights and obligations of both the authority as a whole and officials.
By establishing the competence of each of the governing bodies, the state thereby produces a kind of division of labor between them, so that the management of the society needs to be covered by the Office. Determining the competence of its bodies by issuing legal norms, the state ensures compliance with the legal norms of the rules of the behavior of various subjects of legal relations in various situations through organizational, legal measures, including measures of disciplinary, administrative, material, criminal and other types of impact.
Taking into account the understanding of the sphere of the consumer market as the areas of production and trade in goods, providing compensated services, the fulfillment of work related to personal household consumption of the population, and adjacent to the field of environmental protection and public health in the implementation of such consumption2, to the first group of state bodies - subjects Preventing offenses and crimes in the consumer market should be given primarily the federal authorities of the State Inspectorate on Trade, the quality of goods and the protection of consumer rights and state sanitary-epidemiological supervision, the standardization and metrology authorities, pricing policies, tax, licensed registration and antimonopoly authorities, as well as Their territorial (regional and local) education.
State regulation in the sector under consideration covers the entire management hierarchy, including the regional level, the most close to the consumer. This allows economic and administrative tools to regulate the process of production and consumption of domestic goods, identify the formation of a commodity supply at the regional consumer market, to establish a certain relationship between imported products and products of local production, support the domestic producer, to reduce and improve the quality of the goods being implemented.
There is no doubt that the effectiveness and efficiency of the system of organs - subjects of crime prevention in the consumer market depends primarily on the agreed leadership and their stable work at all levels of government. It should be noted that at the federal level since the beginning of the restructuring there was numerous reorganization of both inter-sectoral and industry bodies, which was appropriately reflected in the local and regional levels. Of course, the constant changes in the subsystem under consideration of the consumer market regulation of the consumer market could not have a positive effect on their activities and ultimately in each case led to the loss of manageability in the field of production and trade in goods, providing services and work, the inability of state bodies to protect the rights and safety of citizens Organizationally ensure preventive impact in the consumer market.
The system-wide economic crisis and the financial crisis following him, budget crises sharply increased the importance of the regional factor in the reproduction of consumption products. In this regard, currently in the hierarchy of the consumer market regulation system should change accents and redistributing regulatory functions. The Federal Center, in accordance with the implementation of the Democratic Principle of Suatsdiarity, has now become increasingly transferring the responsibility and obligations of economic and social character to the regional level, which were previously the prerogative of the Federation. And today, the center of gravity in decision-making is increasingly shifting to the region, the level of independence of regional economic entities and socio-economic systems increases.
Taking into account the above, the importance of regional economic policies as a system of landmarks and rules of economic behavior regarding the problems of the functioning and development of individual regions, their interaction between themselves will constantly increase. Obviously, the focus on preventive activity will also be "rewarded" to the level of subjects of the Russian Federation and the municipal level.
It is brighter that this is manifested in the process of developing and implementing various kinds of municipal programs, primarily to stabilize the situation in the consumer market. This allows you to really improve the quality of life of the population, since only the whole population of public benefits can be determined at the level of the region or the city, capable of providing numerous, historically established needs of a particular social community. Therefore, an increase in the efficient mechanism at the level as close as possible to the population will have the most obvious result, which fully applies to the prevention of economic crimes in the consumer market.
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