CRIMINAL POLICY IN THE FIELD OF ECONOMIC SECURITY:TRENDS OF THE DIGITAL ERA

被引:0
|
作者
Nudel, S. L. [1 ]
Pechegin, D. A. [1 ]
机构
[1] Inst Legislat & Comparat Law Govt Russian Federat, 34 Bolshaya Cheremushkinskaya St, Moscow 117218, Russia
关键词
criminal policy; entrepreneurs; economic activity; economic crimes; digital finance; alternatives to criminal prosecution; foreign experience; Russian Federation; FATF; digital technologies;
D O I
10.17072/1995-4190-2022-56-309-335
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Introduction: taking into account the ongoing digitalization as the major context, the article analyzes the current state and prospects for the development of criminal policy in the field of economic security. Purpose: to identify the trends in the modern criminal law impact on social relations in the field of economic activity and to propose ways to improve legislation aimed at implementing criminal policy on economic security in the context of digitalization. Methods:general scientific methods of analysis, synthesis, interpretation, formal logic; method of historical and legal analysis; methods of legalistic (technical) analysis and legal modeling. Results:we have identified the following trends in criminal policy in the field of economic security: the deviation (shift) of the rules of criminal law and criminal procedure; the absence of a set of alternative measures of influence on legally protected relations; the insufficiency of digital mechanisms in the criminal law impact on social relations. Conclusions: there should be expected amendments to criminal and criminal procedure legislation aimed at maintaining the balance of private and public interests. However, an appropriate level of this balance can be achieved only with timely counteraction to emerging risks and threats to economic security (corruption, capital outflow, insecurity in the insurance and loan sectors, currency circulation, etc.), while ensuring the coordination of criminal law, administrative, civil, financial regulations, as well as the optimization of law enforcement (administration of law).
引用
收藏
页码:309 / 335
页数:27
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