Journal of Siberian Federal University. Humanities & Social Sciences / Criminal-Legal and Administrative-Legal Means of Ensuring Economic Activity Self-Regulation in Russian Federation

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2011 4 (2)
Authors
Shishko, Irina V.; Demyanenko, Elena V.
Contact information
Shishko, Irina V. : Siberian Federal University , 79 Svobodny, Krasnoyarsk, 660041 Russia , e-mail: ; Demyanenko, Elena V. : Siberian Federal University , 79 Svobodny, Krasnoyarsk, 660041 Russia
Keywords
economic activity regulation; licensing; self-regulation; legislation change; hindrance of lawful economic activities; illegal business
Abstract

Licensing of some kinds of economic activity is replaced by self-regulation. It is being proved, that self-regulation is not only inferior to powers, but surpasses licensing in some cases on a complex of impaired right authorities. Hence, illegal actions (omissions) of SRO bodies interfering with implementation of economic activity represent the same public danger, as well as unreasonable refusal in licensing or evasion from its issue (article 169 of the Russian Federation Criminal code), and economic activity implementation if an obligatory condition of it is membership in a certain SRO without joining it represents the same public harm, as well as torts, provided by articles 14.1 and 19.20 of the Russian Federation Administrative Offences code, or the same public danger as illegal entrepreneurship without the licence (article 171 of the RF Criminal code). It stipulates necessity, firstly, to introduce corresponding amendments to specified administrative-tort and criminal-legal norms of law and secondly, extended interpretation of concept of the official within the norms of chapter 22 of the RF Criminal code.

Pages
158-164
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/2216

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