Analysis of the legislative innovation in Article 196 of the Criminal Code of the Russian Federation (deliberate bankruptcy) for compliance with the principle of justice.

The subject of the research in this article is the criminal law novelty of Article 196 of the Criminal Code of the Russian Federation. The author examines in detail aspects of the topic such as the question of harmoniously integrating the new criminal law structure into the legal system and its conformity to the principles of criminal legislation. The criminalization of any act, the expansion of the circle of crime subjects, and the establishment of sanction limits must invariably be accompanied by a thorough analysis and subsequent formatting from the standpoint of legal techniques for implementation into criminal law and the elimination of the possibility of destabilizing the criminal law mechanism of bringing to criminal responsibility. In particular, this article discusses the issue of compliance with the principle of justice in the formation of the new version of Article 196 of the Criminal Code of the Russian Federation, which came into force on July 1, 2021. The main research method chosen is the systematic method with reference to judicial practice. The scientific novelty of the conducted research lies primarily in the necessity of conducting additional analysis of the already implemented criminal law norm to detect structural omissions that contain a prospective danger of destabilizing the entire criminal law mechanism for bringing to responsibility. In this context, economic crimes are particularly acute, as they traditionally lie at the intersection of various branches of law. As a result of the research, a number of omissions were identified, manifested in the absence of differentiation of criminal responsibility and non-compliance with the rules of stepwise distribution of the severity of the committed crime depending on the volume of the ensuing socially dangerous consequences. Based on the identified issues of legislative regulation regarding criminal responsibility for committing a crime specified in Article 196 of the Criminal Code of the Russian Federation, key proposals for further improving the reviewed normative provision have been formulated, such as technical reworking of Article 196 of the Criminal Code with the determination of general, qualified, and especially qualified compositions for different degrees of crime severity.

Authors

Publication Details

Journal
Право и политика
Published
2025-04-01
DOI
https://doi.org/10.7256/2454-0706.2025.4.73938
Citations
1
Primary Topic
Legal and Policy Issues
Type
article
Field-Weighted Citation Impact
15.98
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article

Analysis of the legislative innovation in Article 196 of the Criminal Code of the Russian Federation (deliberate bankruptcy) for compliance with the principle of justice.

Ol'ga Sergeevna Staroselets
1 citations
Право и политика
Legal and Policy Issues
15.98
article

Analysis of the legislative innovation in Article 196 of the Criminal Code of the Russian Federation (deliberate bankruptcy) for compliance with the principle of justice.

Ol'ga Sergeevna Staroselets
article en
1 citations

Abstract

The subject of the research in this article is the criminal law novelty of Article 196 of the Criminal Code of the Russian Federation. The author examines in detail aspects of the topic such as the question of harmoniously integrating the new criminal law structure into the legal system and its conformity to the principles of criminal legislation. The criminalization of any act, the expansion of the circle of crime subjects, and the establishment of sanction limits must invariably be accompanied by a thorough analysis and subsequent formatting from the standpoint of legal techniques for implementation into criminal law and the elimination of the possibility of destabilizing the criminal law mechanism of bringing to criminal responsibility. In particular, this article discusses the issue of compliance with the principle of justice in the formation of the new version of Article 196 of the Criminal Code of the Russian Federation, which came into force on July 1, 2021. The main research method chosen is the systematic method with reference to judicial practice. The scientific novelty of the conducted research lies primarily in the necessity of conducting additional analysis of the already implemented criminal law norm to detect structural omissions that contain a prospective danger of destabilizing the entire criminal law mechanism for bringing to responsibility. In this context, economic crimes are particularly acute, as they traditionally lie at the intersection of various branches of law. As a result of the research, a number of omissions were identified, manifested in the absence of differentiation of criminal responsibility and non-compliance with the rules of stepwise distribution of the severity of the committed crime depending on the volume of the ensuing socially dangerous consequences. Based on the identified issues of legislative regulation regarding criminal responsibility for committing a crime specified in Article 196 of the Criminal Code of the Russian Federation, key proposals for further improving the reviewed normative provision have been formulated, such as technical reworking of Article 196 of the Criminal Code with the determination of general, qualified, and especially qualified compositions for different degrees of crime severity.

Право и политика(4)
Openalex Percentile: Top 3%
Legal and Policy Issues
15.98
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Analysis of the legislative innovation in Article 196 of the Criminal Code of the Russian Federation (deliberate bankruptcy) for compliance with the principle of justice. — Ol'ga Sergeevna Staroselets · Право и политика (2025) | TGRS Research Map | TGRS