employee
, Russian Federation
The specifics of bringing business entities to criminal responsibility is most clearly manifested in the peculiarities of initiating criminal cases of private-public prosecution. The specificity of the private-public procedure for initiating criminal cases in relation to this category of suspects is manifested in the active role of the applicant, who can be considered the subject of accusation (private) proof. The private accusatory activity of the victim, who raises the issue of bringing to criminal prosecution a business entity suspected of committing, is manifested in proving. This proof is carried out in the form of a preliminary check at the stage of initiating a criminal case. The technology of proof in this category of criminal cases is characterized by the formal absence of operational-search activity, which is replaced by an internal investigation conducted in a commercial organization to expose the perpetrator of the crime. The restrictions imposed by law on the seizure of the means of production of an entrepreneur during investigative and other verification actions affect the features of proving.
private-public prosecution, technology of proof, entrepreneurial activity, victim, initiation of a criminal case, criminal prosecution
1. Criminal process. Problem lectures / ed. by V. T. Tomina, I. A. Zinchenko. Moscow: Yurayt Publ., 2013. (In Russ.)
2. Muravyov M. V. On the revision of legal standards of proof and evidence in criminal proceedings. Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2017, no. 2 (38), pp. 141—143. (In Russ.)
3. Urakov D. I. Criminal prosecution in criminal cases on fraud in the sphere of economic activity: monograph. Moscow: Yurlitinform Publ., 2018. (In Russ.)
4. Urakov D. I. Technology of pre-trial proof in criminal cases of crimes of a fraudulent nature committed in the sphere of economic activity. Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2016, no. 3 (35), pp. 206—211. (In Russ.)
5. Utkin V. V. Formation of criminal-judicial evidence on the basis of information obtained in the course of operational-search activity. Bulletin of the Russian University of Cooperation, 2018, no. 3 (33), pp. 137—139. (In Russ.)
6. Utkin V. V. Formation of judicial evidence on the basis of data obtained by the operational-search method. Actual problems of criminal law, criminal procedure, criminalistics and criminology. Materials of the international scientific-practical conference. Moscow: MAEP Publ., 2013. Pp. 114—117. (In Russ.)
7. Khmelnitskaya T. V. Problems of formation of evidence in the course of pre-trial proceedings in a criminal case. Dissertation... candidate of legal sciences. Nizhny Novgorod, 2016. (In Russ.)
8. Vlasova S. V., Khmelnitskaya T. V. On the doctrinal model of the formation of criminal procedural evidence in adversarial criminal proceedings. Society and Law, 2016, no. 1 (55), pp. 137—143. (In Russ.)
9. Kesaeva M. S. Problems of harmonization of criminal procedural guarantees of individual rights and differentiation of forms of pre-trial proceedings in criminal cases. Dissertation... candidate of legal sciences. Nizhny Novgorod, 2017. (In Russ.)
10. Sumin A. A. Some problems of application of Article 144 of the Code of Criminal Procedure of the Russian Federation. Lawyer, 2013, no. 4, pp. 7—9. (In Russ.)
11. Sychev P. G. Pre-trial stages of legal proceedings in criminal cases on economic crimes: trends in development and law enforcement. Access from the reference legal system “ConsultantPlus” (accessed 12.03.2022). (In Russ.)
12. Criminal process of modern Russia. Problem lectures. In 2 volumes. Pre-trial and judicial proceedings: textbook. manual for undergraduate and graduate students / ed. by V. T. Tomina, I. A. Zinchenko. 2nd edition, revised and additional. Moscow, 2016. Vol. 2. (In Russ.)
13. Aleksandrov A. S., Aleksandrova I. A. Special (private-public) organizational and legal mechanism for the application of the criminal law in the sphere of entrepreneurial and other economic activities. Journal of Russian Law, 2018, no. 2 (254), pp. 80—93. (In Russ.)
14. Panfilov P. O. Peculiarities of Proceedings in Criminal Cases on Crimes in the Sphere of Economic and Entrepreneurial Activity. Dissertation... candidate of legal sciences. Moscow, 2019. (In Russ.)
15. Commentary on the Code of Criminal Procedure of the Russian Federation / scientific ed. by V. T. Tomin, M. P. Polyakov. 7th edition, revised and expanded. Moscow: Yurayt Publ., 2014. (In Russ.)
16. Urakov D. I. Criminal prosecution in criminal cases on fraud in the sphere of economic activity. Dissertation... candidate of legal sciences. Nizhny Novgorod, 2017. (In Russ.)