Право/6. Борьба с экономическими преступлениями
Tratsiakou G.М.
Yanka Kupala State University of Grodno
Criminal bankruptcies
as a threat of economic safety of
the state
In
modern market relations the bankruptcy institute is an effectual measure of
protection and improvement of economic relations. In conditions of the global
economic crisis which has caused serious damage to economy, under bankruptcy threat the considerable
quantity of businesses gets. Expanding as a chain reaction, such situation
represents serious danger both to separate businessmen, and economy of the
whole states and regions. In the conditions of mass non-payments and bankruptcy
of a great number of companies there is a raised threat of distribution of
criminal bankruptcies: the crimes commited in the conditions of bankruptcy or
with use of given procedure. Objects of given crimes are public relations
connected with realisation of procedure of an economic insolvency (bankruptcy).
Criminal bankruptcies – false bankruptcies, deliberate bankruptcies, bankruptcy
concealment are serious criminal threat for economy.
The
economic insolvency (bankruptcy) is in number of the basic legal procedures, regulating the relations in economic sphere. Through
bankruptcy procedure there is a economy improvement, by liquidation of poor
debtors, and compensation of a damage caused by bankruptcy at the expense of
their property. Efficiency of regulation of public relations in sphere of an
economic insolvency (bankruptcy), existence of normal, stably developing economical
relations, depends of presence of legal means and mechanisms of protection from
crimes.
Bankruptcy
procedure often use to avoid responsibility for plunders and other abuses in
the economic sphere. Gaps in the legislation allow to use to unfair
businessmen, and often and to organized criminal groups (including
transnational) bankruptcy procedure for masking of various plunders and abuses
in the economic relations.
Specifics
of the crimes connected with criminal bankruptcies differs that in this case
criminals for achievement of the objectives use the order of application of
institute of economic insolvency (bankruptcy), established by the law. The
legislation on economic insolvency (bankruptcy) acts on the territory of the
countries of the former USSR more than 15 years, however procedure of its
effective application is in a stage of continuous development.
New
economic transformations and changes in the legislation constantly reveal many
questions connected with use of economic insolvency (bankruptcy). Changes are
constantly made to the legislation on bankruptcy. However the analysis of the
legislation shows that not always there is a coherence between the maintenance
of structures of crimes, and other regulations, regulating legal relationship in
the sphere of economic insolvency (bankruptcy).
The
problem consists that to definition of perfect act it is necessary to apply in
coordination the standards of the civil legislation, regulating this procedure,
and standards of the administrative or criminal legislation, establishing
responsibility for commission of offenses in the specified sphere. Defects in
legal support of procedure of economic insolvency, high complexity of these
relations, lack of accurate interaction between various public institutions,
concerning counteraction to criminal bankruptcies, interest of criminal
structures in redistribution of financial means and property by illegal use of
procedure of bankruptcy or its illegal avoidance, all this promotes development
of such crimes.
According
to many researchers, criminal bankruptcies are marked out not only scales, but
also big latency. Latency of this crimes is caused as lack of a technique of
their identification and investigation, and possibility of effective
counteraction to investigation from interested persons. Besides, latency of
these crimes is caused by unwillingness of creditors to address in law
enforcement agencies for protection of violated rights for the various
subjective reasons.
Latency
of similar crimes is caused by high level of counteraction to investigation at
the expense of the following factors:
- superiority of
subjects of economic crimes on social and psychological qualities;
- existence of the
broad corrupted communications;
- strong lawyer
support;
- accurate orientation
to concealment of illegality of separate operations or all scale of the
committed crime;
- high education
level of subjects of a crime.
Achievement
of goals by criminals assumes besides commission of criminal acts also actions
of crime concealment. These crimes have lasting character, criminal acts can
proceed many months and even years. Concealment of crimes is carried out so
that during very long time to remain imperceptible both for creditors, and for
the law enforcement and other government agencies, exercising supervision and
control of market relations. Actions on commission of crime are at the same
time directed and on its concealment. Except information which comes from
economic court, its large volumes are hidden from law enforcement agencies at
an initial stage of investigation.
The
analysis of conditions and the reasons of emergence of insolvency is carried
out inefficiently and often by formal criteria and indicators. There are no
accurately formulated criteria of criminal prosecution for criminal
bankruptcies, and also criminalistic ensuring investigation. Process of
investigation of similar crimes is very difficult and demands deep knowledge of
the economic sphere and of civil law.
The
great value has organization of effective counteraction to corruption crimes in
this sphere. Need at the solution of various questions to address in various
government agencies, dependence on decisions of government officials, creates
conditions for corruption. Corruption in this sphere allows unfair businessmen
to hide insolvency for a long time, to achieve favorable tax and other
financial privileges, to make financial crimes under cover of government agencies.
It prevents law enforcement agencies to protect the rights and interests of
creditors and the state from illegal actions.
The
problem of criminal bankruptcies in science is so far not completely studied. There
are few scientific publications on this subject. There are no publications
devoted to a technique of the organization and investigation of separate types
of such crimes. At the same time the problem of counteraction to criminal bankruptcies both for the
countries of the former USSR, and for other states, is actual. Within the last
ten years in the Russian Federation and in some other the countries of the
former USSR some scientific researches devoted to criminal bankruptcies were
published. However, these researches were published irregularly, leaving
unresolved many problems. Separate types of criminal bankruptcies before the
present time weren't studied.
Besides,
there is an objective need for scientific development on counteraction to
criminal bankruptcies in the certain countries. It is caused by specifics of
the national legislation on bankruptcy, differences in criminal and civil
legislation.
For effective
investigation of such crimes the great value has development and deployment in
activity of law enforcement agencies, modern criminalistic technologies of
investigation of criminal bankruptcies . Criminalistic technologies have to
integrate knowledge of various jurisprudence and other sciences, uniting them
in the general problem of effective investigation of these crimes.
Criminalistic
technologies of investigation of criminal bankruptcies will be an effective
remedy of identification and investigation, systematization of regularities of
these crimes.