The Ratio Legis of Article 177 of the Russian Criminal Code

Lilija Allanina (), Elvira Yuzikhanova (), Anastasia Kretova (), Igor Izuymov () and Nailja Nasyrova ()
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Lilija Allanina: Industrial University of Tyumen Russian Federation, Postal: RU
Elvira Yuzikhanova: Tyumen Advanced Training Institute of the MIA of Russia Russian Federation, Postal: RU
Anastasia Kretova: Industrial University of Tyumen Russian Federation, Postal: RU
Igor Izuymov: Industrial University of Tyumen Russian Federation, Postal: RU
Nailja Nasyrova: Industrial University of Tyumen Russian Federation, Postal: RU

Journal of Advanced Research in Law and Economics, 2018, vol. 9, issue 3(33), 824-833

Abstract: In the article the authors examine intersystem relations and problems of deliberate evasion of the repayment of debts of a large size or from the payment for securities after the entry into legal force of an appropriate court judgment The author pay attention to the construction of the crime actus reusand its characteristics and to the main categories accounts payable organization organization s manager and malignance The analysis of judicial practice and the theory is carried out too The phrase accounts payable has some blurry boundaries and as a result it causes considerable difficulties in the qualification of the act It is concluded that that the criminological characteristics of accounts payable are much narrower in comparison with the generally accepted in the civil doctrine interpretation of an obligation A similar situation is with the treatment of the notion organization s manager The specific of the legal status of the manager is in the civil and employment law relationships that indicates its complex nature In this regard at least two elements of the corpus delictiprovided by Article 177 of the Criminal Code of the Russian Federation relating to the object and to the subject of the crime contain private law characteristics These characteristics have legal content and meanings which remain controversial for theoretical and practical reasons The civilized category conscientiousness is the cornerstone of the concept malignance in the civil law The category conscientiousness or good conscience bona fides is in turn of an evaluative nature and has the highest form of abstraction In the opinion of the authors the ratio legis of the criminal structure of Article 177 of the Criminal Code hidden behind evaluative categories should be reflected in the real possibility to enforce the judicial act The disposition of the norm implies that the implementation of final rulings should be taken into account Therefore malignance in the behavior of the debtor cannot be judged without taking into account the entire procedure to be followed in enforcement proceedings

Date: 2018
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Persistent link: https://EconPapers.repec.org/RePEc:srs:jarle0:v:9:y:2018:i:3(33):p:824-833

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