TOPICAL ISSUES OF QUALIFICATION OF ILLEGAL BUSINESS

Despite the relatively stable situation in terms of criminological indicators, researchers are increasingly concerned that official statistics do not reflect the actual picture of crime, including in the sphere of economic activity. According to their estimates, the actual number of economic crimes is much higher. The reasons for latency are different, but one of them can be called such as the imperfection of legislation that does not allow the law enforcement officer to correctly apply the criminal law norm, which leads to the fact that some crimes remain without proper evaluation. Therefore, the authors focus on the problems of qualification of one of the economic crimes — illegal entrepreneurship. Based on various points of view, both theorists and practitioners, the authors considered the most important problems affecting the qualification of illegal entrepreneurship. In particular, the issue of recognizing a particular business activity and determining damages in relation to article 171 of the criminal code of the Russian Federation. As a result, it is concluded that it is impossible to recognize as entrepreneurs and require state registration as such persons who conclude onetime transactions of a civil nature, even if several facts of such transactions are established (for example, the sale of personal belongings, the production of various small works under a contract or orders for a fee, etc.). It is also important to establish a causal relationship between the committed act and the consequences that have occurred, and to determine the damage with an emphasis on the actual damage caused.

crimes in the sphere of economic activity, business activity, illegal business, material damage, moral damage, income, lost profit, qualification, composition of the crime.

Podroykina I. A., Kravtsova E. A. Topical issues of qualification of illegal business. Business. Education. Law, 2020, no. 4, pp. 249–252. DOI: 10.25683/VOLBI.2020.53.438.