Abstract and keywords
Abstract (English):
The thesis about the increased public danger of acts related to the illegal return of overdue debt obligations is substantiated and proved in the work. The author identifies qualitative and quantitative criteria, which include the circumstances on which the assessment of the degree of public danger of criminal attacks in the area of economic activity under study depends. The results of the study are based on our own study of empirical materials obtained during the study of judicial practice (103 published sentences in criminal cases for crimes involving illegal activities for the recovery of overdue debts).

Keywords:
the nature and degree of public danger, collection activities, repayment of overdue debts, criminalization
Text
Publication text (PDF): Read Download
References

1. On the protection of the rights and legitimate interests of Individuals when Carrying out activities to repay overdue debts and on Amendments to the federal law “On Microfinance Activities and Microfinance Organizations”: federal law no. 230 of July 3, 2016. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)

2. The Code of Administrative Offences of the Russian Federation: federal law no. 195 of December 30, 2001. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)

3. On amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation in terms of strengthening the responsibility of persons engaged in the return of overdue debts”: draft federal law no. 51807-7. URL: https://sozd.duma.gov.ru/bill/51807-7 (accessed 12.12.2016). (In Russ.)

4. On the draft Federal Law “On Amendments to the Criminal Code of the Russian Federation and Article 151 of the Criminal Procedure Code of the Russian Federation in terms of strengthening the responsibility of Persons Engaged in the return of Overdue Debts”: official response of the Government of the Russian Federation no. 8849p-P4 of November 25, 2016. URL: http://asozd.duma.gov.ru (accessed 25.11.2016). (In Russ.)

5. The Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996 (ed. of April 8, 2023) (with amendments and additions, intro. effective from October 12, 2023). Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)

6. Explanatory note to Bill no. 1133972-7. URL: https://sozd.duma.gov.ru/bill/1133972-7 (accessed 15.10.2023). (In Russ.)

7. Sverchkov V. V. Grounds for exemption from criminal liability and (or) punishment: system, legislative regulation, effectiveness of application: Dissertation... candidate of legal sciences. Nizhny Novgorod, 1997. 308 p. (In Russ.)

8. Nepomnyashchaya T. V. Consideration by courts of the nature and degree of public danger of a crime when imposing punishment. Bulletin of the Omsk State University. Series: Law, 2018, no. 1 (54), pp. 178-181. (In Russ.)

9. On the practice of assigning criminal penalties by the courts of the Russian Federation: resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation no. 58 of December 22, 2015. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)

10. Sverchkov V. V. Criminal law. General part: a short course of lectures. 7th ed., reprint. and add. Moscow: Yurayt Publ., 2012. 249 p. (In Russ.)

11. Stepanov M. V. Paradoxes of regulation of the institute of crime. Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2014, no. 1 (25), pp. 171-175. (In Russ.)

12. Tagantsev N. S. Russian criminal law: lectures: in 2 vols. Vol. 1: Part general. Moscow, 1994. 419 p. (In Russ.)

13. Vorobyov S. M. Moral harm as one of the consequences of a criminal act. Author’s abstract... candidate of legal sciences. Ryazan, 2003. 27 p. (In Russ.)

14. Trofimova G. A. Harm caused by a crime: controversial issues. Modern law. 2016, no. 11, pp. 91-98. (In Russ.)

15. Shkabin G. S. Harm in criminal law: types and legal regulation. LexRussica, 2016, no. 8 (117), pp. 62-79. (In Russ.)

16. The Civil Code of the Russian Federation (Part One) no. 51 of November 30, 1994 Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)

17. Volchkova A. A. The value of optional features in the construction of individual elements of crimes. Legal Technique, 2013, no. 7-2, pp. 168-169. (In Russ.)

18. Kruglikov L. L. Method of committing a crime (questions of theory). Author’s abstract... candidate of legal sciences. Sverdlovsk, 1971. 18 p. (In Russ.)

19. Kudryavtsev V. N. The method of committing a crime and its criminal-legal significance. Modern state and law, 1957, no. 8, pp. 60-69. (In Russ.)

20. Konyakhin V. P. The criminal-legal significance of the method of committing a crime. Criminal law in the fight against crime. Moscow, 1981. Pp. 115-121. (In Russ.)

21. Prozumentov L. M. Group crime: questions of theory and practice. Tomsk: Vol. un-t Publ., 2010. 280 p. (In Russ.)

22. On Amendments to the Criminal Code of the Russian Federation and Articles 150 and 151 of the Criminal Procedure Code of the Russian Federation: federal law no. 323 of July 10, 2023. Access from the reference legal system “ConsultantPlus” (accessed 15.10.2023). (In Russ.)


Login or Create
* Forgot password?