PROBLEM ASPECTS OF PARTIAL DECRIMINALIZATION OF ILLEGAL ENTREPRENEURSHIP

The article raises the problem of partial decriminalization of illegal entrepreneurship. The authors examine the essence of illegal entrepreneurship, reveal its object, objective side, subject and subjective side, and determine the penalties provided for this type of offending activity. The work notes that Art. 171 of the Criminal Code of the Russian Federation has been repeatedly subject to adjustments by the legislator, and they were not always positive; attention is drawn to the fact that since the adoption of the Criminal Code of the Russian Federation there have been 11 legislative amendments. Statistical data show that in 2019-2023, a relatively equal number of people were convicted of illegal entrepreneurship, and when compared to those convicted under all elements of the Criminal Code of the Russian Federation, their share is insignificant. In general, one can see a trend aimed at the decriminalization of illegal entrepreneurship, with which the authors do not entirely agree, since, in their opinion, such steps are not advisable for the Russian community. It is suggested that such decriminalization will lead to the fact that many persons engaged in illegal business activities will be able to avoid criminal liability, since with the current wording of the article it is very difficult in practice to establish such a mandatory element of a crime as large damage. This will stimulate illegal activities in the sphere of entrepreneurship, which, in turn, may lead to other negative consequences for the state, for example, non-receipt of taxes to the budget, etc. The authors give an example based on real events as an argument for refusing to decriminalize illegal entrepreneurship. Considering the above, the article concludes that currently; while improving responsibility for illegal entrepreneurship, it is necessary for the legislator to shift priorities from its decriminalization to criminalization.

criminal law, criminal liability, criminalization, decriminalization, illegal entrepreneurship, criminal legislation, statistics, dynamics, conviction, reforms, crimes, entrepreneurial activity

Podroykina I. A., Safonova A. M. Problem aspects of partial decriminalization of illegal entrepreneurship. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):208—213. DOI: 10.25683/VOLBI.2024.68.1038.