CRIMINALIZATION OF OFFENSES IN THE SPHERE OF BUSINESS ACTIVITY: PROBLEMS OF LEGISLATION AND LAW ENFORCEMENT PRACTICE

The most important reason for the criminalization (decriminalization) of acts is their social danger, but this criterion often raises many questions, especially when it comes to offenses in the field of business. One of the key problems here is the constant fluctuation between the mitigation or tightening of criminal law impact on this sphere of public relations. At the same time, its decision is largely politically motivated, being rather the result of the confrontation between the state and business, rather than a scientifically based approach to determining ways to maintain a balance of public and private interests. Often, individual novels are brought to life by high-profile cases of violation of the rights and legitimate interests of citizens. All this leads to the implementation of an insufficiently thought-out approach to the reform of criminal legislation. In order to assess the practice of criminalization of acts in the sphere of business activity, the authors analyzed the novelties of the current legislation in terms of establishing liability for violation of the established procedure for carrying out business activities in terms of their effectiveness and compliance with legal technology. It is concluded that there is a need for a more restrained assessment of proposals to liberalize criminal liability for economic crimes, while simultaneously reviewing the composition of crimes for decriminalization, the negative consequences of which can be prevented or leveled by other organizational and legal means.