Pavel G. Sychev
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Modernization of Criminal proceedings in the context of its liberalization for entrepreneursMoscow University Bulletin. Series 11. Law. 2024. 1. p.59-68read more89
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Modernization of criminal procedure legislation, which is most often implemented during codification, is always, according to the legislator’s plan, aimed at the public good. Criminal policy can also be aimed at increasing the effectiveness of countering crimes that most threaten social and public peace. When developing the Code of Criminal Procedure of the Russian Federation in 2001, it included norms aimed at improving the effectiveness of criminal proceedings — on the participation of a legal entity, on the seizure of securities. Currently, the legislative trend has changed, amendments to the Code of Criminal Procedure of the Russian Federation are aimed at liberalizing criminal proceedings against entrepreneurs who have committed crimes in the field of economic and entrepreneurial activity. The circle of persons belonging to the members of the management bodies of commercial organizations and individual entrepreneurs is defined in detail. It is regulated in detail what is included in the definition of compensation for damages in cases of tax crimes in the event of termination of criminal prosecution. All these amendments are aimed at increasing the procedural guarantees of the estate-professional group of entrepreneurs. In fact, they protect the financial interests of the state. The improvement of criminal procedure legislation should be based on the doctrine of criminal procedure, the modernization of the law pursuing someone’s financial interests can lead to unpredictable consequences.Keywords: criminal proceedings, entrepreneurs, modernization, taxes, illegal financial transactions.
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