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Проводится анализ изменений, внесённых законодателем в Главу 22 Уголовного кодекса Российской Федерации в июле -декабре 2014 г., а также в марте 2015 г. На основании указанного анализа автор определяет направления дальнейшего совершенствования норм, составляющих обозначенную Главу. ; Chapter 22 of the Criminal Code of the RF protecting social relations in the sphere of economic activity within the second half-year of 2014 and March 2015 has been considerably amended by the legislator. Under the Federal Law of 21 July 2014 No. 218-FZ, the indicated Chapter has been supplemented with Article 172.1 that establishes the responsibility for ''falsification in fiscal accounting and finance organization accountability''. According to the Federal Law of 21 July 2014 No. 277-FZ, Chapter 22 of the Criminal Code of the RF has been amended by introducing Article 191.1 that establishes the responsibility for "illegally obtained, stored, transported, processed timber for the distribution purpose". In compliance with Federal Laws of 22 December 2014 No. 430-FZ, 31 December 2014 No. 530-FZ, 8 March 2015 No. 45-FZ, 30 March 2015 No. 67-FZ, significant changes were made into the disposition of Articles 171.1, 171.2, 173.1, 173.2, 178, 180 and 194 of the CC of the RF. By the Federal Law of 31 December 2014, Article 200.2 was introduced in the Chapter which establishes responsibility for ''smuggling alcoholic and tobacco goods'' and it was decriminalized in December 2011. Despite the amendments, Chapter 22 of the Criminal Code of the RF still has serious gaps, for example, the lack of a regulation aimed at establishing criminal responsibility for ''financial pyramid schemes''. The necessity of the criminal responsibility for such acts is pointed out by both jurists and legal practitioners. Simultaneously, following the indicated legislative amendments, some problems concerning the development of other regulations in Chapter 22 of the CC of the RF appeared to be unsolved. In particular, there were no changes either introduced in the disposition of ''anti-laundering'' legal norms (Articles 174-174.1 of the CC of the RF) and in the disposition of Article 193.1 of the CC of the RF in spite of their complexity in practice application. There also exist problems arising in the practical application of Articles 185, 185.1, 189-190 of the CC of the RF. To solve the problems of further development of Chapter 22 of the CC of the RF, the optimal ratio both for criminalization and decriminalization of acts in the sphere provided by the Chapter can be presented. In jurists'' and legal practitioners'' views, within new, social and economic conditions decriminalization of some acts must prevail where the responsibility for them is fixed by the regulations included into this Chapter. At the same time, under the following conditions it is important to revise punishment imposed for the crimes in the sphere of economic activity. For more effective measures to combat those crimes, the legislator must stipulate punishment that can serve an alternative to imprisonment.

В представленной статье автор анализирует точки зрения учёных о нормах, составляющих Главу 22 Уголовного кодекса Российской Федерации. На основании проведённого анализа автором определяются направления совершенствования отечественного уголовного законодательства, охраняющего общественные отношения в сфере экономической деятельности. ; Although there have been constant changes and amendments into Chapter 22 of the Criminal Code of the RF, the legal rules protecting the social relations in the sphere of economic activity are not practically applied for the most part. This situation, in the scientists' view, can be explained by the following problems: blanket rules that have legal deficiency, verbalized dispositions, an imprecise definition of legal terms and concepts used by the legislator. The examples of this kind are Articles 171, 172, 172.1, 185.3, 185.5 of the CC of the RF. It is not a single fact. The legislator has not emphasized separate formal elements of crime within the rules formulation included into Chapter 22 of the CC of the RF. In particular, actus reus turned out to be vague and it resulted in abatement of a suit with the parties guilty of these crimes. This deficiency is a characteristic feature of the major criminal rules that establish the responsibility for an offence in the sphere of economic activity. Some elements in the dispositions of the rules were neither distinctly defined nor definite at all. One of the examples is the absence of a statutory definition for 'aggravated consequences' in the disposition of Article 183 of the Criminal Code of the RF. Furthermore, the lack of criminal rules can be seen in their practical application when difficulties arise in determining a subject of crimes prohibited by these rules. Article 186 of the Criminal Code of the RF which establishes the responsibility for counterfeiting serves as an example. Chapter 22 of the CC of the RF has heavy legislative deficiency as well. Particularly, there are no rules protecting corporate relations. The importance of these legal rules acceptance has been observed by theorists. Besides, it should be noted that Article 173.1 of the CC of the RF with legislative lacks that establishes the responsibility for illegal formation, reorganization of a legal entity must be under consideration. The proposal about its improvement has been put forward by theorists. Despite aforementioned problems, in the result of amendments into the Criminal Code of the RF in June-July 2015, other legal rules of Chapter 22 were subject to changes. For instance, under the Federal Law of 8 June 2015 No 153-FZ Article 187 of the CC of the RF was exposed to amendments. Moreover, due to the Federal Law of 29 June 2015 No. 193-FZ, changes were made only into the sanctions of Article 183 of the CC of the RF. In accordance with the Federal Law of 13 July 2015 No. 228-FZ, Article 170 of the CC of the RF was also changed. On the basis of this law, Chapter 22 of the CC of the RF was supplemented with Article 170-2 that implies responsibility for 'deliberately false information in the measuring plan, the technical plan, the inspection report, the surveying project of land or the map of a territory'. In this case, the legislator, within the chapter improvement, paid close attention to criminalization of acts, which in theorists' view is considered erroneous. At present, the principal way for the legislative change to be taken into account is decriminalization of acts.

Представленная статья продолжает цикл исследований, посвящённых реформированию российского уголовного законодательства, охраняющего общественные отношения в сфере экономической деятельности. Исходя из анализа точек зрения учёных, автором делаются выводы о дальнейшем реформировании обозначенного законодательства. ; Criminal law of the Russian Federation protecting social relations in the sphere of economic activity is still a long way off perfection despite its novelty and constant amendment and supplement legislative process. In this connection, further law reformation has become vital. In scientists'' consideration, the amendments introduced into Chapter 22 of the Criminal Code of the RF in 2013 turn out to be insufficient. Simultaneously, these amendments have great disadvantages. In particular, after their introduction into Articles 174, 174.1 of the Criminal Code of the RF (CCRF), these legal rules have been left inapplicable. Therefore, the necessity of essential legislative amendments into these rules seems to be quite important. Moreover, the amendment introduced into Article 193.1, Chapter 22 of the CCRF that criminalizes taking money off abroad in the guise of legal and financial operations and aims at combating a widespread money taking off method as a compensation for consultation, accountancy, law and other services appeared to be imperfect. For the purpose of its improvement further amendments must be made. Relevant amendments should also be included into the rules that establish criminal responsibility for criminal bankruptcy, Articles 195-197 of the CCRF, since the given rules in the current version are incomplete. The amendments are required for the criminal and legal rules that establish responsibility for ''suppression'' of competition and for illegal obtaining and disclosure of a commercial secret (Articles 178, 183 of the CCRF). Equally with the amendments in the current criminal law rules protecting social relations in the considered sphere, there is a need in both criminalization and decriminalization of acts. Particularly, Chapter 22 of CCRF has no rules dealing with some forms of unfair competition, e.g., defamation of a business owner''s reputation, industrial espionage. Criminalization of other acts concerning competition is also possible. At the same time decriminalization of some acts can be made, the responsibility for those acts is laid down by the rules of the indicated Chapter, e.g. coercion to making or rejecting a transaction (Article 179 of the CCRF), impediment to legal entrepreneurial activity, registration of illegal land operations (Articles 169-170 of the CCRF). Further reformation of criminal law protecting social relations in the considered sphere is intended to have both its improvement by introduction of essential novels and amendments into the current rules and decriminalization of relevant acts. In the condition of constant national economic development the reformation must be fulfilled mainly in the way of decriminalization of acts.

Данная статья продолжает серию исследований, посвященных дальнейшему совершенствованию норм, составляющих главу 22 Уголовного кодекса Российской Федерации. Автор проводит анализ исследований учёных, посвящённых проблемам, возникающим при практическом применении указанных норм. На основании проведённых исследований автор обоснованно формулирует собственные выводы о концепции дальнейшего реформирования данной главы УК РФ. ; The development of criminal law of the Russian Federation protecting social relations in the economic sphere is impossible without the scientific conception base. The conception involves a definite balance between criminalization of new acts and decriminalization of the acts for which the criminal responsibility is established by the law in Chapter 22 of the Criminal Code of the Russian Federation. This balance was not practically followed in the Criminal Code by the legislator. In fact, there was an imbalance towards criminalization of new acts. During this period only four acts were decriminalized: pseudo-entrepreneurship (Art. 173 of the CC of the RF); misleading advertisement (Art.182 of the CC of the RF); smuggling (Art.188 of the CC of the RF); consumer fraud (Art. 200 of the CC of the RF). At the same time Chapter 22 was supplemented by more than ten novels. On the one hand, it should be noted that criminalization may eliminate gaps in current criminal law that protects social relations in the economic sphere. On the other hand, in the result of criminalization there is a danger of rising a law, which establishes criminal responsibility for the commission of acts, that is neither socially dangerous nor ''abortive''. The latter is referred to the novels that establish criminal responsibility for hostile takeover, illegal gambling, as well as ''fly-by-night companies'' and were introduced into Chapter 22 of the CC of RF in 2010-2011. Many other laws comprising Chapter 22 can be similarly characterized. In this case decriminalization of the relevant laws is under consideration. Decriminalization of acts in the economic sphere is appropriate not only by means of making them in torts. Due to the law analysis it becomes clear that some laws are special to those laws which establish criminal responsibility for crimes where social relations in the economic sphere cannot be the subject. Article 176 of the Criminal Code of the Russian Federation, as an example, sets forth responsibility for illegal lending. This act is considered to be fraud with infringement on property. Article 176 of the CC of the RF is virtually aimed at protection of social relations in the economic sphere. In connection with the introduction of Article 159.1 into Chapter 21 of the CC of the RF, which establishes responsibility for lending fraud, decriminalization of illegal lending is a major aspect (Art.180 of the CC of the RF). The conception of development of criminal law protecting social relations in the economic sphere cannot be either only criminalization or only decriminal-ization of acts. However, in present-day social and economic conditions decriminalization of acts is certain to be an important feature of the conception.

Представленная статья продолжает цикл исследований, посвящённых проблемам модернизации уголовного законодательства Российской Федерации, охраняющего общественные отношения в сфере экономической деятельности. В ней анализируются нормы уголовного законодательства зарубежных стран, охраняющие общественные отношения в обозначенной сфере. Исходя из этого, автором формулируются направления дальнейшей модернизации Главы 22 УК РФ. ; Despite constant amendments, the criminal law of the Russian Federation protecting social relations in the sphere of economic activity still needs modernization. The indicated modernization stipulates both criminalization of new acts and decriminalization of acts the responsibility of which is laid down by the rules of Chapter 22 of the Criminal Code (CC) of the RF. Criminalization and decrimi-nalization must be grounded from the theorists' as well as practical specialists' viewpoints. Moreover, for the right decision of the issue on criminalization or decriminalization of the relevant act it is important to study the rules of foreign criminal law that can be similar to the rules forming Chapter 22 of the CC of the RF. As a result, it seems to be possible to reveal gaps in the domestic criminal law protecting social relations in the sphere of economic activity and to determine criminal and legal prohibitions that obviously 'overload' the law. At present a subject involved in business is not sufficiently protected by the domestic criminal law from unlawful interference. His business reputation in fact is not protected by the CC of the RF. Therefore, it is quite essential to introduce rules into the law establishing responsibility, primarily, for defamation of business reputation of competitors. Criminalization of the indicated act by the domestic legislator would enable to solve the problem on criminal and legal defense of competition from defamation of a subject's business reputation. At the same time the issue of criminal and legal defense of competition relations from industrial espionage is not practically settled in the CC of the RF. Criminalization of industrial espionage by the domestic legislator is obligatory for further modernization of Chapter 22 of the CC of the RF. For this modernization it would be necessary to establish criminal responsibility for organization of various 'financial pyramids' as well. Simultaneously, one cannot exclude decriminalization of some acts, the responsibility of which is fixed by the rules of Chapter 22 of the CC of the RF. After the analysis of the indicated rules, a conclusion should be made about the importance of decriminalization of acts, the responsibility of which is established by Articles 177, 184 and 197 of the CC of the RF, as the Articles provide responsibility for commission of acts, which are variety of other acts prohibited by the CC of the RF. Together with decriminal-ization of acts prohibited by Articles 177, 184 of the CC of the RF, the lawmaker must introduce amendments to Articles 204, 315 of the CC of the RF. Criminalization and decriminalization of the indicated acts do not confine further modernization of Chapter 22 of the CC of the RF. For the purpose of gaps removal in this Chapter it is also important to introduce criminalization of new acts. At the same time decriminalization of some other acts, the responsibility of which is established by the rules of Chapter 22 of the CC of the RF, is necessary, too. At present the basic course of criminal law modernization protecting social relations in the sphere of economic activity should include decriminalization of acts.

Настоящая статья продолжает цикл работ, посвященных дальнейшему совершенствованию гл. 22 Уголовного кодекса Российской Федерации. Поскольку постоянно вносимых законодателем в указанную главу изменений и дополнений для ее совершенствования недостаточно, автором проводится анализ составляющих ее уголовно-правовых норм. Выдвигаются предложения, направленные на совершенствование рассматриваемой главы УК Российской Федерации. ; Further improvement of Chapter 22 of the Criminal Code of the RF is not only change and addition making. The analysis of legal norms shows that there are many wrong norms attached to this Chapter. Accordingly, the norms of Chapter 22 of the Criminal Code of the RF are aimed at achieving six separate objectives. The first one is protection of a conscientious entrepreneur from officials illegal acts (Articles 169-170.1 CC RF). The second is protection of individuals from illegal acts of others (Article 179 CC RF). The third is protection of sport and other leisure time organizations (Article 184 CC RF). The fourth is protection of individuals from an unfair entrepreneur (Article 176 CC RF). The fifth is protection of a state from unfair citizens. Due to the given objectives, the acts are classified into three subgroups: crimes against government order (Articles 171-1, 180, 181, 185-188, 190-194, 198-199-2 CC RF); crimes against justice (Articles 174-175, 177 CC RF); crimes against state security (Article 189 CC RF). The sixth is protection of an entrepreneur from another (Articles 171-172, 178, 183, 195-197 CC RF). The acts, for which the responsibility is held by legal norms, are various forms of unfair competition. The first is illegal entrepreneurship and banking (Articles 195-197 CC RF). The second is unfair bankruptcy of businesses (Articles 195-197 CC RF). The third is unlawful monopoly activity (Articles 178 CC RF). The fourth is unlawful obtaining and disclosing of tax, commerce and banking secret information (Article 183 CC RF). The norms on imposing criminal responsibility for these acts should be combined into one Chapter of the Criminal Code of the RF as Entrepreneur crimes. Chapter 22 of the Criminal Code is subject to consideration. Taking away unusual norms from Chapter 22 of the CC RF gives the legislator an opportunity to concentrate on legal protection of competition. Due to it the legislator can adequately define criminalization of acts infringing relations in the sphere of entrepreneurship, which is unknown to him but prohibited by foreign criminal law, as well as he can define decriminalization of acts infringing indicated public relations. As a result, the Chapter will be composed of legal norms that protect competition from criminal acts.

Настоящая статья продолжает цикл исследований, посвящённых дальнейшему развитию уголовного законодательства, охраняющего общественные отношения в сфере экономической деятельности. В представленном исследовании анализируются изменения, внесённые законодателем в главу 22 Уголовного кодекса Российской Федерации в течение 2011 г. На основании указанных изменений автором делаются выводы о дальнейших тенденциях развития рассматриваемой главы Уголовного кодекса Российской Федерации. ; The article focuses on further research of criminal legislation serving to protect public relations in the economic sphere. The changes made by the legislator in Chapter 22 of the Criminal Code of the RF 2011 are analyzed. On the basis of the changes the author makes conclusions about the tendencies of the development of the chapter under discussion in the Criminal Code of the RF.

Настоящая статья посвящена дальнейшему совершенствованию Главы 22 Уголовного кодекса Российской Федерации. Поскольку изменений, внесенных законодателем в указанную Главу в 2010 г., оказалось недостаточно, учеными стали выдвигаться новые предложения, направленные на ее дальнейшее совершенствование. Принимая во внимание данные предложения, автором выдвигаются и собственные предложения, направленные на совершенствование рассматриваемой главы Уголовного кодекса Российской Федерации. ; Amendments and additions to Chapter 22 of the Criminal Code of the Russian Federation in 2010 appeared to be insufficient for its improvement. The decriminalisation of illegal enterprise is proposed as one of the ways for further improvement of Chapter (Article 171 of the Criminal Code of the RF). Simultaneously with this approach, the decriminalisation of illegal bank activity is also set forth (Article 172 of the Criminal Code of the RF). Instead, it is proposed to establish criminal responsibility only for illegal income. Moreover, it is supposed to put forward the decriminalisation of "self-money laundering" (Article 174-1 of the Criminal Code of the RF), and malicious evasion from repayment of creditor debts (Article 177 of the Criminal Code of the RF). For the development of the Chapter it is important to make changes in the disposition of articles 178, 193,195-197 as in the present edition, these norms are not practically applicable. Furthermore, the next step towards the improvement of Chapter 22, which is necessary to consider, is bringing legal entities to criminal responsibility for the commission of crimes in the sphere of economic activity, and they should be criminally responsible in accordance with foreign criminal law rules. For legal and criminal measures to be taken towards legal entities, it is essential to view caution, fine, deprivation of license on work, deprivation of the right in specified activities, liquidation of a legal entity. The improvement of Chapter 22 is expected to have a revision of the system of sanctions applied to individuals as well. At present, for economic crimes, individuals are often given custodial sentences, which is contradictory to the reform of the penal system in the Russian Federation targeted at reducing the number of offenders sentenced to imprisonment. A sanction that can be an alternative to custodial sentence, a fine, should be viewed. Although a fine is available in the sanctions of legal norms in Chapter 22, the amount of a fine is insufficient. Thus, it is obvious to conduct revision of those amounts. The confiscation of property can also be viewed as an alternative to custodial sentence. Due to forfeiture, a convicted person completely loses income and property received from crime in the sphere of economic activity. In the present edition of the Criminal Code of the Russian Federation, property confiscation is not a criminal penalty but it is another measure of criminal law, on the ground of that, the existing criminal law lacks the most effective kind of punishment. Therefore, forfeiture must be a criminal punishment. The process of developing Chapter 22 of the Criminal Code of the Russian Federation involves both the criminalization of new offences that are unknown to the domestic legislature but prohibited by foreign criminal law and the decriminalisation of acts that have lost their former social danger.

Рассматриваются особенности реализации правил законодательной техники применительно к уголовно-правовым нормам, охраняющим общественные отношения в сфере экономики. Указанные особенности обусловлены спецификой экономики как объекта уголовно-правовой охраны ; The paper is dedicated to the peculiarities of the realization of the legislative procedure when applied to criminal-legal norms, protecting public relations in the Economic sphere. The given distinctive features are determined by the peculiarities of National Economy as a subject of criminal-legal protection