TY - JOUR

T1 - КРИМИНАЛИЗАЦИЯ НЕЗАКОННОГО ОБОГАЩЕНИЯ: ТЕОРЕТИЧЕСКАЯ МОДЕЛЬ СОСТАВА ПРЕСТУПЛЕНИЯ

AU - Бурлаков, В. Н.

N1 - Publisher Copyright: © 2015, Baikal National University of Economics and Law. All Rights Reserved.

PY - 2015

Y1 - 2015

N2 - Unlawful enrichment is a type of corruption, Current Russian criminal law criminalizes several dozens of corruption-related crimes, but it does not provide responsibility for unlawful enrichment itself. Some European countries that ratified 2003 United Nations Convention against Corruption applied its art. 20 as model of relevant elements of a crime. Critical analysis of the article proves that conentional regulation within has significant drawbacks that prevent its introduction into the Criminal Code of the Russian Federation. Negative trends in unlawful enrichment dynamics proves ineffectiveness of disciplinary and civil responsibility provided by Russian law. Therefore introduction of criminal responsibility for unlawful enrichment would not discord with the principle of enforcement action sufficiency. The article studies abstract model of elements of unlawful enrichment. The author concludes that unlawful enrichment is result of using civil instruments in order to make property possession, utilization and disposition seem legal. These actions constitute property legalization and represent unlawful enrichment of a civil official who tries to tie obtained property to himself or his relatives and gain certain profit. Unlawful enrichment criminalization needs to be realized both procedurally and criminologically, i.e. it needs to be investigated with legal means. This possibility realization is provided by Federal law № 230-FZ on control over adequacy between expenditures and income of state officials dated 03.12.2012.

AB - Unlawful enrichment is a type of corruption, Current Russian criminal law criminalizes several dozens of corruption-related crimes, but it does not provide responsibility for unlawful enrichment itself. Some European countries that ratified 2003 United Nations Convention against Corruption applied its art. 20 as model of relevant elements of a crime. Critical analysis of the article proves that conentional regulation within has significant drawbacks that prevent its introduction into the Criminal Code of the Russian Federation. Negative trends in unlawful enrichment dynamics proves ineffectiveness of disciplinary and civil responsibility provided by Russian law. Therefore introduction of criminal responsibility for unlawful enrichment would not discord with the principle of enforcement action sufficiency. The article studies abstract model of elements of unlawful enrichment. The author concludes that unlawful enrichment is result of using civil instruments in order to make property possession, utilization and disposition seem legal. These actions constitute property legalization and represent unlawful enrichment of a civil official who tries to tie obtained property to himself or his relatives and gain certain profit. Unlawful enrichment criminalization needs to be realized both procedurally and criminologically, i.e. it needs to be investigated with legal means. This possibility realization is provided by Federal law № 230-FZ on control over adequacy between expenditures and income of state officials dated 03.12.2012.

KW - Corruption-related crime

KW - Unlawful enrichment

UR - http://www.scopus.com/inward/record.url?scp=84962716755&partnerID=8YFLogxK

U2 - 10.17150/1996-7756.2015.9(1).12-19

DO - 10.17150/1996-7756.2015.9(1).12-19

M3 - статья

VL - 9

SP - 12

EP - 19

JO - Criminology Journal of Baikal National University of Economics and Law

JF - Criminology Journal of Baikal National University of Economics and Law

SN - 2500-4255

IS - 1

ER -