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Protection of Property Rights by Criminal-Legal Means in the Conditions of Economic Growth

  • Artem I. Berestnev,
  • Tatyana S. Kovalenko

摘要

The topic of protection of property rights by criminal law in the conditions of business development and economic growth of the Russian Federation is more relevant than ever. The growth of crimes against property inevitably leads to a decline in economic indicators. In this regard, the protection of property is a priority of criminal policy. The analysis of criminal legislation in this area shows many unsolved problems caused, among other things, by mistakes made during the technical-legal construction of criminal-legal prohibitions. The legislative approach to the definition of larceny, the inconsistency in fixing the qualifying features of crimes against property, and the problem of disproportionate amounts of damage require in-depth analysis with the subsequent introduction of proposals on eliminating errors to the legislator. Simultaneously, the extremely high dynamics of socio-economic changes require the search for new ways to improve criminal law’s effectiveness in protecting property relations. The research aims to study the current problems of counteraction to crimes against property and make relevant proposals to the legislator for their elimination, including those related to the wide introduction of the practice of interdisciplinary scientific research to develop recommendations for modernizing criminal law. The methodology of this research is based on the methods of universal dialectical cognition, formal-legal method, and methods of analysis and modeling. The research concludes that in the conditions of business growth and sustainable development of the Russian economy, it is necessary to criticize the established and ambiguous interpretation of the legislative approach to the construction of crimes against property, the consequence of which is a high latency of crimes, distrust of the authorities on the part of citizens, and huge annual damage to the country’s economy. Once widely discussed but not enshrined in legislation, the institute of criminal offense has undoubted potential for increasing the effectiveness of criminal law measures to protect property as a condition for the growth of business and the economy, which is a new tool for effectively combating crime.