Russian Federation
The article examines the issues of the correlation between illegal actions in bankruptcy and intentional bankruptcy. The relevance of this problem is due to the lack of acts of official interpretation of the norms of law in this area and a unified approach in legal practice to the qualification of criminal bankruptcies. The key circumstance in this context is the moment of the commission of the crime regarding the appearance of signs of bankruptcy. Based on the analysis of law enforcement practice, recommendations are made on the differentiation of the crimes under consideration.
criminal bankruptcy, intentional bankruptcy, illegal actions in bankruptcy
1. Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996. Collection of Legislative acts of the RF, 1996, no. 25, art. 2954. (In Russ.)
2. The state of crime in the Russian Federation for January — December 2022. URL: https://mvd.rf/item/35396677/ (accessed 12.12.2023). (In Russ.)
3. On insolvency (bankruptcy): federal law no. 127-FZ of October 26, 2002. Collection of Legislative acts of the RF, 2002, no. 43, art. 4190. (In Russ.)
4. Civil Code of the Russian Federation (Part one) no. 51-FZ of November 30, 1994. Collection of Legislative acts of the RF, 1994, no. 32, art. 3301. (In Russ.)
5. Criminal case no. 12201650001000412 / Supervisory proceedings of the Investigative Department of the Ministry of Internal Affairs of Russia in Yekaterinburg. 2022. (In Russ.)
6. Criminal case no. 12201170046000365 / Supervisory proceedings of the Investigative Department of the Ministry of Internal Affairs of Russia in the Vladimir region. 2022. (In Russ.)
7. Criminal case no. 12001030053001348 / Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of Russia in the Krasnodar region. 2021. (In Russ.)
8. Criminal case no. 12101920041000117 / Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of the Republic of Tatarstan. 2022. (In Russ.)
9. Criminal case no. 11901030049002080 / Supervisory proceedings of the Main Investigative Department of the Ministry of Internal Affairs of Russia in the Krasnodar region. 2020. (In Russ.)
