Keyword: «crime»

This article will focus on the liberal model of democratic political regime, because it is still dominating in the public consciousness of many countries of the world as the most relevant model of democracy. Crime as a socially contradictory phenomenon that challenges the fundamental principles of lawful behavior of the population exists in both liberal democracies and authoritarian regimes. An attempt will be made to rethink the nature of democracy through an understanding of the criminality that exists in it as well as that which exists in authoritarian regimes of the world. The aim of the paper is to attempt to put forward viable theoretical propositions to explain the dif-ferences in the activity of criminality in democracies from authoritarian regime countries and to find a solution to reduce the phenomenon of criminality.

Taking into account the ongoing search for an effective form of criminal proceedings at the pre-trial stages of the criminal process, the author analyzes the advantages and disadvantages of the protocol form of pre-trial preparation of materials previously used in domestic criminal proceedings, which in modern legal literature is considered as a possible option for introduction into criminal procedural legislation. The conclusion is substantiated that this form of production had a number of shortcomings and its use is possible only if they are eliminated.

In this scientific article, the author examines the question of the expediency of applying, within the framework of the criminal law mechanism, the decision of arbitration courts to declare a debtor insolvent (bankrupt). Assessing the existing criminal law definition for harmonization with the current civil legislation, it becomes obvious that the criminal law mechanism regulating the procedure for bringing a person to criminal responsibility for committing a crime under Article 196 of the Criminal Code of the Russian Federation is not perfect and complete at the moment. The new version introduced in 2021 demonstrated the need to continue working on such a criminal legal definition as intentional bankruptcy in connection with the relentless change in civil legislation governing the recognition of a debtor as insolvent (bankrupt) and adaptation to new economic realities. The author analyzes the available theoretical aspects that currently remain unresolved in the field of law enforcement. In addition, the conclusion is formulated about the need for further work on improving the mechanism of the institution of insolvency (bankruptcy), both in general in the planes of various branches of law, and in particular, determining the scope of application of criminal law norms when illegal actions are detected during the implementation of the procedure for recognizing a debtor as insolvent (bankrupt).