Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
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Vol.40 N° 74
2022
Recibido el 12/02/2022 Aceptado el 17/07/2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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Vol. 40, Nº 74 (2022), 178-194
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
State economic security as criminal law
protection object
DOI: https://doi.org/10.46398/cuestpol.4074.09
Yuliya Andreevna Chernysheva *
Vlasta Leonidovna Goricheva **
Maksim Ivanovich Shepelev ***
Vladimir Nikolaevich Pishchulin ****
Abstract
The existence of any state is connected with socio-economic
and political-legal processes in the world. During the period of
global social transformations and major economic and political
reforms, Russia nds itself in a socio-political situation of
necessity to protect its interests, including economic ones.
Therefore, the legislator solves the most important task of legal
provision of economic security by criminal legal means. This text
aims to examine the theoretical foundations of economic security,
analyze the current state of the Russian economy with its level of functional
security and identify ways to improve security and criminal law provisions.
The methodology of this research is a set of methods, techniques and tools
of cognition used in research, both theoretical, empirical and applied. The
authors concluded that the main threat to the economic security of the
country is economic crimes, the ght against which is impossible without
criminal legislation. Therefore, the modernization of criminal policy should
be carried out by improving legislation and introducing a well-thought-
out system of law enforcement, which includes a similar valuation of all
subjects of economic relations.
Keywords: economic security; threats to economic security; criminal
policy; economic crimes; criminal law measures.
* PhD in Law. Associate Professor of the Department of Jurisprudence, Bunin Yelets State University,
Kommunarov st. 28, Yelets 399770, Russian Federation. ORCID ID: http://orcid.org/0000-0002-
1874-5356
** PhD in Law. Associate Professor of the Department of Jurisprudence, Bunin Yelets State University,
Kommunarov st. 28, Yelets 399770, Russian Federation. ORCID ID: http://orcid.org/0000-0001-
8223-4756
*** PhD of Economic Sciences, Associate Professor of the Department of Economics and Management
named after N.G. Nechaev, Bunin Yelets State University, Kommunarov st. 28, Yelets 399770, Russian
Federation. ORCID ID: http://orcid.org/0000-0002-5770-7619
**** PhD of Pedagogical Sciences. Associate Professor of the Department of Economics and Management
named after N.G. Nechaev, Bunin Yelets State University, Kommunarov st. 28, Yelets 399770, Russian
Federation. ORCID ID: http://orcid.org/0000-0001-6876-0477
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La seguridad económica del estado como objeto de
protección del derecho penal
Resumen
La existencia de cualquier Estado está conectada con los procesos
socioeconómicos y político-jurídicos del mundo. Durante el período de
transformaciones sociales globales y de importantes reformas económicas
y políticas, Rusia se encuentra en una situación sociopolítica de necesidad
para proteger sus intereses, incluidos los económicos. Por lo tanto, el
legislador resuelve la tarea más importante de provisión legal de seguridad
económica por medios jurídicos penales. Este texto tiene como objetivo
examinar los fundamentos teóricos de la seguridad económica, analizar el
estado actual de la economía rusa con su nivel de seguridad funcional e
identicar formas de mejorar la seguridad y las disposiciones del derecho
penal. La metodología de esta investigación es un conjunto de métodos,
técnicas y herramientas de cognición utilizadas en la investigación, tanto
teórica como empírica y aplicada. Los autores concluyeron que la principal
amenaza a la seguridad económica del país son los delitos económicos,
cuya lucha es imposible sin la legislación penal de por medio. Por lo tanto,
la modernización de la política criminal debe realizarse mejorando la
legislación e introduciendo un sistema bien pensado de aplicación de la ley,
que incluya una valoración similar de todos los sujetos de las relaciones
económicas.
Palabras clave: seguridad económica; amenazas a la seguridad
económica; política criminal; delitos económicos;
medidas de derecho penal.
Introduction
Economic security is an integral part of the economic system, an
important element in developing the national economy, enterprise, society,
etc. Economic security is the most important part of the national security
structure of the country (Drobot and Vartanova, 2019). In current conditions,
ensuring economic security is the main condition for sustainable socio-
economic development of the national economy. However, modern threats
to economic security are manifested at various levels of development of the
socio-political system of the state (Shaeva, 2019).
The problems of ensuring economic security have now become extremely
urgent. Economic security as a state of protection of the state from external
and internal threats needs legal support to guarantee and respect human
rights and freedoms and ensure the protection of the main institutions of
civil society and the state.
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Vladimir Nikolaevich Pishchulin
State economic security as criminal law protection object
The Criminal Code of the Russian Federation is designed to protect
the most important public relations from the actual iniction or threat of
signicant harm to them by establishing a criminal law prohibition. The
accuracy and clarity of criminal law norms are an important guarantee of
their eective application and, as a result, ensure the implementation of the
principle of the inevitability of the responsibility of punishment (Muradov,
2010).
The main threat to the State’s economic security is its encroachments by
criminally illegal acts of an economic nature. Criminalization of these acts
was carried out in the Criminal Code of the Russian Federation (“Crimes
in the sphere of economics,” containing Chapters 21-23 (Articles 158-204)
with extensive use of the norms of economic legislation, although Russia’s
criminal policy in the economic sphere does not and has never had a
concept, plan, or document in which its principles and directions would be
brought together (Criminal Code of the Russian Federation, 1996).
Currently, at a very general level, a promising “economic” criminal policy
is considered only in the 2017-2025 Criminal Policy Roadmap (Dolinko,
2019a). The laws that toughen criminal liability for crimes in the economic
sphere are mainly related to criminalizing certain acts. It should be noted
a sharp increase in the activity of the state in the eld of the criminal legal
protection of economic activity since 2009. So, in 2001-2008, 9 laws were
amended to Chapter 22 of the Criminal Code of the Russian Federation,
then only in 2009 - 5 laws, for the period 2009-2011. 13 laws and 42 laws
for the period 2009-2020.
The analysis of the texts of the laws that made these changes to the
Criminal Code of the Russian Federation, and explanatory notes to them,
allows us to conclude that there are three main directions of reforming the
“economic” criminal legislation in the last two decades.
The rst direction is to reduce the risks of doing business related to
illegal criminal prosecution or excessive sanctions established by criminal
law that do not correspond to the public danger of the act.
The second direction is to strengthen the counteraction to acts that
infringe on the state’s nancial interests and tax crimes. Finally, it is
necessary to note the counteraction to the so-called “ight of capital.”
The third direction is a counteraction to new forms of illegal behavior
in economic activity. The direction is conditional – unlike the other two
directions and reforms within which are carried out in practice more or
less purposefully, the criminalization of new types of acts in the sphere of
economy is, for the most part, reactive and represents attempts to solve
acute problems in the economy or society radically.
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Based on this, we can conclude the chronic nature of most modern
problems of Russia’s “economic” criminal policy.
Currently, law enforcement practice needs to disclose the content
of the norms providing for the responsibility for economic crimes and
the development of scientically based methods for the identication,
disclosure, and investigation of crimes in economics.
The scientic novelty is determined by the fact that the work aims to
solve problems and contradictions caused by the need to introduce new
provisions of criminal legislation and form an integrated and systematic
approach to improving the activities of law enforcement agencies.
The study aims to consider the theoretical foundations of economic
security, the analysis of the current state of the Russian economy and the
level of security of its functioning, and identify ways to improve security
and the laws of its criminal law provision.
To achieve this goal, this study solves the following main tasks:
• Consideration of the role and place of economic security in the
national security system of Russia;
• Analysis of the main threats to economic security and criminogenically
signicant factors of their determination in modern conditions;
• Substantiation of proposals for improving criminal law measures to
ensure the economic security of Russia.
1. Literature Review
Currently, the Russian Federation is seriously threatened by the
growing potential of organized crime, the ght against which is increasingly
becoming political. Organized crime penetrates all spheres of society, and
among its priorities is the economy. The development of a market economy
in our country provokes the growth of external and internal threats to
national economic security.
The relevance of the topic is dictated by the current global situation,
characterized by the impact of the economic crisis on the processes taking
place within the state since it is the economic basis of the development of
the state that is a priority: the development of the economy gives impetus
to the development of science, the social environment and other spheres of
society. At the present stage, economic security guarantees the country’s
independence implements an independent economic policy, and creates
conditions for stable development.
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Vladimir Nikolaevich Pishchulin
State economic security as criminal law protection object
Many works on studying economic security, threats, and means of
protection have been published in the scientic literature.
The research on this problem is devoted to the scientic works of such
modern authors as: N.V. Genrikh, V.I. Dolinko, V.M. Egorshin, V.M. Esipov,
E.S. Muradov, P.N. Panchenko, I.G. Ragozina, A.V. Syusyukin.
Genrikh (2002) “Criminological aspects of countering threats to Russia’s
economic security”. The author examines economic security in detail as a
criminological problem. He also provides criminological characteristics of
crime in economic activity.
Dolinko, in his work (2019a) “Ensuring the economic security of Russia
by criminal law measures,” examines the issues of ensuring the economic
security of the Russian Federation by criminal law measures.
Egorshin, in his study (2000) “Economic crime and security of modern
Russia (theoretical and criminological analysis),” analyzes the essence and
content of economic security in the national security system of the state and
the criminological content of threats to economic security. He also considers
economic security as the socio-economic basis of a right-wing state.
Esipov (2004) devoted his research to analyzing the current state of crime
in economics “Organizational and economic mechanism of countering the
criminal economy at the stage of market reforms.”
Muradov (2010) “Economic security as an object of criminal law
protection” in its article explores the concepts of “security,” “economic
security,” and “threat to economic security.”
Shlemko and Binko (2015) “Economic security: the essence and
directions of ensuring” explore the theoretical foundations of economic
security.
When working on this study, the works of the following authors were
studied on the economic security of the state as an object of criminal law
protection: Economic security of the individual in the system of economic
security of the state (Bank, 2020). The system of economic security of
territories of advanced development and assessment of their eective
impact on the level of economic security of regions (Mironova, 2021).
Economic security in the tax sphere in the system of ensuring the
economic security of the state (Goncharenko and Kutsenko, 2015).
Sources, types and factors of threats to economic security, the creation
of an economic security service (Musatayeva, 2015). Economic security
and competitiveness of the region as the most important component of
economic security (Makhanko and Shalaginova, 2014). Managing for the
future: the 1990s and beyond (Drucker, 1993). How money is managed:
the ends and means of monetary policy (Einzig, 1959). Economics in one
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lesson: the shortest and the surest way to understand basic economics
(Hazlitt, 1979).
2. Methodology
The methodology of scientic research is a set of methods, techniques,
tools, and other tools of cognition used in research at the theoretical,
empirical, and applied levels and credible information about the processes
and phenomena under consideration. The research methodology is based
on the scientic provisions of criminal law on the nature of crime and
criminality and their impact on the state of the country’s economic security.
Scientic research on this problem is carried out using the dialectical
method of cognition. The application of the dialectical method made it
possible to study the continuous development, qualitative changes, and
interrelationships of criminal law norms in the context of responsibility for
crimes aimed at undermining the country’s economic security.
The dialectical approach to analyzing an object is characterized by three
basic principles: development, a common connection, and contradiction. In
the context of this study, the principle of development nds its identication
in the emergence, formation, and appearance of the old basis of a new
quality of crimes in economics. The principle of the general connection is to
understand the essence of crime in the economic sphere.
This requires investigation of the external and internal connections of
the object of criminal law protection; to distinguish among their diverse
signicant, recurring connections. Finally, the principle of contradiction
orients us to analyze its main contradictions when realizing the essence of
the object of criminal law protection.
The regulatory framework of the study is the Decree of the President of
the Russian Federation and federal laws in the eld of economic activity.
The information base is statistical data.
3. Results
The need to criminalize crimes that undermine national security is
because the degree and nature of the public danger of these acts indicate
the impossibility of eectively countering them only by economic
measures provided for by nancial, business and banking legislation. This
is what forced the State to resort to criminal law response measures, the
positive eect of which, subject to compliance with all other principles of
criminalization (in particular, the principle of unreliability of prohibition)
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Yuliya Andreevna Chernysheva, Vlasta Leonidovna Goricheva, Maksim Ivanovich Shepelev y
Vladimir Nikolaevich Pishchulin
State economic security as criminal law protection object
and the good work of law enforcement agencies, should signicantly exceed
the potentially possible negative social consequences.
Moreover, the social conditionality of criminalization of crimes aimed
at undermining national security, the denition of their generic object as an
order of public relations, which is harmed as a result of the commission of
a corresponding crime in this area, indicates the need to use the preventive
capabilities of criminal law to minimize them.
The solution to the criminalization of economic crimes in the Russian
Federation is possible primarily by establishing criminal law prohibitions
for socially dangerous acts in new socio-economic conditions and against
the country’s ongoing reform.
In current conditions, all activities in the eld of economics should be
carried out, taking into account the innovative component. In addition,
innovative legislative solutions to minimize criminal abuses to undermine
the country’s economic security are also needed.
New ways of committing crimes require thorough research of the
mechanisms of their commission and the criminalization of individual acts
in economics, their classication, and the development of qualication
rules.
In the modern period, crisis phenomena in the economic sphere
contribute to the development of negative trends in all areas of the
functioning of the state. The instability of the economic system makes it
impossible to channel funds into innovative projects and the development of
production, adversely aecting the state’s nancial and economic security.
Moreover, the low level of economic security undermines the public’s trust
in the state represented by its law enforcement agencies (Egorshin, 2000).
Important circumstances that determine the social conditionality
of criminal law norms on crimes in the economic sphere in the Russian
Federation are the availability of the possibility of combating a socially
dangerous act by criminal legal means and the availability of resources for
the criminal prosecution of persons have committed socially dangerous
acts. In the list of subject areas of national security, a special place belongs
to economic security.
Economic security is a part of national security, and ensuring it is a
priority task of any state. Economic security, being a synthetic category,
has a fairly broad interpretation, and, rst of all, in the context of balanced
development, it prevents the violation of reproduced proportions, the
imbalance of connections between various components of the system,
and ensures the stability of the economic system, increases the ability to
withstand internal and external loads. At the same time, it is the institutional
vector through legal, political, and economic mechanisms that can ensure
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the integrity of the national system, strengthen its ability to maintain
dynamic equilibrium, successfully adapt to endogenous and exogenous
challenges, and eectively overcome crisis phenomena.
It is worth noting that the institutional provision of the state’s economic
security has not been nally formed into a system-structural complex, which
does not allow for clear monitoring, responding, and taking timely and
adequate measures to eliminate threats to economic security. In particular,
the disadvantage is the lack of collaborative work in ensuring economic
security in spatial and structural change since the institutional and legal
provision of economic security primarily concerns the macro level.
Strengthening the institutional vector in ensuring the country’s
economic security should rst occur by modernizing existing and creating
new economic and social institutions that will increase labor productivity
on a qualitatively new basis and economic growth.
The addition requires forming an institutional and legal basis at dierent
levels of the hierarchy of economic management, which is ensured by the
institutions performing the functions of decision-making, informing, and
motivating.
According to this approach, it is necessary to form the institutional
foundations for improving the state’s economic security system.
In 2010, Federal Law No. 390-FZ, as of December 28, 2010, “On Security”
came into force, not fully dening the term “security”. The National Security
strategy of the Russian Federation, approved by Presidential Decree No.
683 as of December 31, 2015, draws attention to the need for measures to
combat the shadow and criminal economy, sets goals to increase Russia’s
investment attractiveness, improve the business climate, overcome capital
outow, and achieve sustainable economic growth.
In the Strategy of Economic Security of the Russian Federation until
2030, approved by Presidential Decree No. 208 as of May 13, 2017, a high
level of criminalization and corruption in the economic sphere is named
among the main threats to Russia’s economic security. Furthermore,
the main goals of the state policy ensuring economic growth are named.
Therefore, one of the state’s priorities is ensuring the security of economic
activity.
To assess economic security, certain criteria are used – indicator
indicators. A set of indicators allows you to predict the danger in advance
and take action (Dolinko, 2018a).
Economic security is a set of conditions and relevant factors that directly
ensure the stability of the national economy, its independence, and the
ability to be regularly updated and improved. It is quite dicult to establish
clear criteria that would make it possible to draw a line between dangerous
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Yuliya Andreevna Chernysheva, Vlasta Leonidovna Goricheva, Maksim Ivanovich Shepelev y
Vladimir Nikolaevich Pishchulin
State economic security as criminal law protection object
and safe in the economic sphere. This, in our opinion, is the main reason for
the discussion on this issue. In theory, it is proposed to allocate threshold
values that serve as a danger indicator.
In general, it can be said that economic security itself is a position of
protection of the country’s economy from global and internal inuences
(Genrikh, 2002).
Thus, an important condition for ensuring the state’s economic security
is both the availability of a protection system and the possibility of its
continuous improvement.
From the criminal-legal point of view, the following threshold values of
the state’s economic security level can be distinguished: the level of crime
in the economic sphere of activity, a persistent negative trend towards its
growth, and the amount of material damage caused. However, suppose
these indicators are the basis for determining economic security. Then,
there may be a false impression that threats to economic security from
criminal encroachments are decreasing since there is a steady trend towards
a decrease in the number of detected crimes in this area (Ragozina, 2013).
Implementing strategic guidelines for the state’s socio-economic
development in economic security is carried out through the modernization
of criminal policy, which denes the key directions, goals, principles,
and means of inuencing economic crime. In addition, such an impact
occurs due to the formation of legislation and law enforcement practice,
determining the optimal ways to inuence the legal consciousness of the
population of the country, which is typical for any legal system (Kucherov
et al.,2021).
It is necessary to determine the place and role of economic security
problems in the state’s national security structure at the level of federal
legislation. Implemented in a specic state act, the economic security
strategy will allow state authorities to make the right decisions in economics
and law, actualizing the problems of countering criminal encroachments on
Russia’s economic security.
4. Discussion
In 2021, the main attention of the state was focused on the topic of
economic recovery. However, this year, economists predict concerns related
to nancial and geopolitical risks, while economic growth issues will go to a
secondary plan, jeopardizing the country’s economic security.
The focus of economic attention remains ination, and the key issue
remains the containment of price growth. Also, the greatest risks to the
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further development of the economy today are the spread of new coronavirus
strains. Against the background of these events, one of the goals of modern
organized crime is the desire to penetrate politics and the economy and
gain a foothold in these areas (Esipov, 2004).
When considering the concept of economic security, it is advisable to
rely on the following provisions: economic security is the most important
component of the national security system; economic interests are the
object of protection; proper protection of national interests is possible only
if there is a stable system for detecting actual negative impacts, preventing
probabilistic impacts and leveling the causes of their occurrence; impacts
on economic security may contain internal and external factors of the
country’s economic system.
Economic security is a state of the economy in which the preservation
and protection of a person’s fundamentally necessary needs and interests,
the surrounding society, and the country from actual and possible external
and internal inuences are ensured (Goncharenko and Kutsenko, 2015).
The economic security of the state is determined by the state of socio-
economic relations and productivity, extensive use of the results of scientic
and technological development in the country’s economy, and the system
of foreign economic relations. Furthermore, the state’s economic security
is interconnected with the categories of “sustainability” and “development”
of the economy. A country’s sustainable economic development means the
strong and reliable development of its elements, including economic and
related organizational ties between them and the ability to resist internal
and corresponding external threats (Shlemko and Binko, 2015).
Almost all researchers, despite the subjective approach, agree that the
essence of economic security is: 1) the state of the economy, ensuring a
sucient level of social, political, and defense development of society and
the state; 2) the security of the economy from internal and external threats
(Muradov, 2010: 100).
It is necessary to agree with the opinion of Selivanovskaya and Sboyeva.
They argue that countering the criminalization of the economy as a threat
to the economic security of the Russian Federation involves a theoretical
and practical analysis of criminal legislation providing for the responsibility
for crimes in this area (Selivanovskaya and Sboyeva, 2021).
Dolinko’s position is very convincing, asserting that the law enforcement
agencies of our country reliably protect the economic security of Russia and
the economic sovereignty of our sovereign state, protecting Russia from
the destructive eects of external and internal threats and factors, from
dangers and various kinds of negative challenges and risks in the eld of
Russia’s economic security (Dolinko, 2019b).
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State economic security as criminal law protection object
The concept of “economic safety” occurs mainly in the meaning of
security, the ability of a person or state to withstand critical situations,
eectively use nancial resources, and the eectiveness of social support
measures for the population (Koroleva and Senchenko, 2018).
For example, on the World Bank website: “The U.S. social and economic
safety net has evolved over nearly a century, through government policies
related mainly to three general areas: (1) providing basic nancial security,
(2) protecting vulnerable populations, and (3) promoting equality of
opportunity” (Nightingale et al., 2003) – it is said about the system of state
provision of the population.
The term “economic security” can also be used similarly. So, President
Roosevelt created the Committee on Economic Security (the Committee on
Economic security), whose goals were formulated as follows: “Roosevelt
asks the committee to propose “sound means” to secure against “several
of the great disturbing factors in life – especially those which relate to
unemployment and old age” (Marmor and Mashaw, 2011). Thus, the
competence of this committee was on the issues of social protection.
The International Committee of the Red Cross characterizes economic
security (economic security) as the ability of an individual, family, or
society to adequately and permanently Meet immediate needs. American
publications associate the problem of economic security with material
well-being, aordable healthcare, family support measures, and equal
opportunities for citizens (Case, 2015). Often, the term “economic security”
refers to nancial stability: “economic security refers to capital ows
worldwide and capital markets and products that are the object of these
ows.
Through these channels, currencies may be destroyed, ination passed
on, stocks exhausted, and nancial institutions destroyed (Andruseac,
2015) – “economic security refers to the global movement of capital and
capital markets and products to which funds are directed. Through these
channels, currency depreciation, ination growth, depletion of reserves,
and destabilization of nancial institutions can be achieved” (Andruseac,
2015: 235).
Internal threats are directly the state’s inability to self–development,
and self-preservation due directly to the state of its economy and other
related factors.
External threats are directly foreign economic and geopolitical factors
concerning global environmental processes, aecting national sovereignty.
Ensuring absolute economic security assumes that the country’s direct
participation in the world economy also contributes to the development of
the domestic economy.
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There is also a direct threat (the threat created by the targeted, planned
activity of the subject is aimed against a specic national interest, there
is a target installation to counteract it); an indirect threat (acts against a
specic national interest without a target installation to counteract it).
According to the form of impact, threats are classied into direct (directed
directly against the realization of specic national interest) and indirect
(acting on a specic national interest through its relationship with other
national interests).
Monitoring those threats that directly cause a negative transformation
of the overall economic situation at the state level also makes it possible
to create a system of direct measures to eliminate or prevent the overall
results of their impact (Goncharenko and Kutsenko, 2015). At the same
time, the whole package of measures is aimed not only at restoring the
production and resource capabilities of the entire state but also at creating
directly optimal conditions for the whole life of society.
Therefore, the mechanism and direct measures of economic policy,
in general, which are formed and provided at the federal level, should be
directly aimed at preventing global and domestic specic negative impacts
on the economic security of the whole of Russia.
The system approach directly determines the following key structural
components in the economic security system: a functional purpose,
the subject-object composition, specic legal information, and directly
instrumental support. Thus, economic security cannot be considered
directly in isolation from the object of such security, and, directly, certain
hierarchical levels can also be distinguished in the system (Syusyukin,
2004).
Ensuring economic security is one of the highest prerogatives of the
state, and it should have a comprehensive nature of measures that will be
supported by the entire system of state bodies and structural entities of the
economy (Smirnova and Temnyakov, 2021).
The creation of a high-quality regulatory legal framework will make it
possible to shift the focus to the sphere of law enforcement, that is, the law
enforcement activities of national security entities, to implement a targeted
approach in ensuring appropriate types of national security (Makareiko,
2020).
Because of the above, the economic security system itself is always
aimed at a certain balancing of interests and specic regulation of
potential collisions between certain security objects in general, directly
preventing negative impacts also in the real sector of the economy, a certain
strengthening of the stability of all economic activities to specic exogenous
and also undesirable endogenous impacts. The objects of Russia’s economic
security, as is known, are the state, society, individual elements of the
economic system, organizations, and territories.
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Yuliya Andreevna Chernysheva, Vlasta Leonidovna Goricheva, Maksim Ivanovich Shepelev y
Vladimir Nikolaevich Pishchulin
State economic security as criminal law protection object
Conclusion
When considering the concept of economic security, it is advisable to
rely on the following provisions: economic security is the most important
component of the national security system; the object of its protection is
the interests of the country in the eld of economics; proper protection of
national interests is possible only if there is a stable system for detecting
real negative impacts, preventing probabilistic causes of their occurrence;
impacts on economic security may contain internal and external factors.
The purpose of economic security is to ensure stable economic
development of the country to meet the economic and social needs of
the population with adequate labor costs and, at the same time, directly
reasonable use of natural resources and their criminal protection.
As a result of the analysis of a complex of socio-economic and other
factors, it was found out that the criminalization of acts in the economic
sphere is due to a signicant degree of public danger of these acts, the
impossibility of successfully countering them with the help of other
measures. In addition, the social conditionality of the encroachments
mentioned above is also due to economic transformations. The denition of
the object of the crime has an important theoretical and applied signicance
since the correct denition of the object impacts clarifying the elements of
the crime and its placement in the Criminal Code of the Russian Federation.
The object of the crime is also important for establishing the degree of
public danger of the act, its correct qualication, and dierentiation from
other crimes and acts that are not crimes. In addition, the object of the
crime allows to fully disclose the social and legal content of the committed
act.
The essence of all crimes is not that they encroach on the security of
society, that is, they are socially dangerous, but that they encroach on the
order established in society with the help of legislation, which is necessary
for the safety of citizens, society and the state. Thus, the common object
of any crime is not public safety but the order of relations between people
enshrined in legislation, which creates a social order necessary to ensure
the country’s security.
Social order should be ensured by exercising rights and performing
duties by subjects exercising the rights granted lawful.
In characterizing the concept of the object of crimes in economics, it is
necessary to focus on the correlation of the terminological designation of
the corresponding type of crime. Furthermore, establishing the content of
the concept of crimes aimed at undermining the country’s security requires
clarifying the essence of such a denition as “economic security.”
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In order to formulate the concept of crimes in the economic sphere, it
is necessary to identify its essential features, based on which the denition
is formulated. We believe that these crimes are characterized by certain
essential features, which determine the content of the corresponding
concept. Establishing the content of the concept of crime in the sphere
of economic activity, in our opinion, is based on the general denition of
«crime» dened in Article 14 of the Criminal Code of the Russian Federation.
Let us take the denition of a crime in the Criminal Code of the Russian
Federation and its main features. It should be noted that illegality as
a formal sign of a crime must be provided for in the criminal law. In the
current Criminal Code of the Russian Federation, a signicant part of
the elements of crimes committed in the sphere of economic activity is
contained in Chapter 22 of the Criminal Code, «Crimes in the sphere of
economics» (Articles 158-204).
The need to criminalize crimes in the sphere of economic security of the
country is because the degree and nature of the public danger of these acts
indicate the impossibility of eectively countering them only by legislation.
This is what forced the State to resort to criminal law response measures.
The positive eect of which, subject to compliance with all other principles
of criminalization and good work of law enforcement agencies, should
signicantly exceed the potentially possible negative social consequences.
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