НЕЗАКОННОЕ ОБРАЗОВАНИЕ (СОЗДАНИЕ, РЕОРГАНИЗАЦИЯ) ЮРИДИЧЕСКОГО ЛИЦА

Abstract

The article, at a critical angle, examines the attributes of crime, provided by the Art. 173.1 of The Criminal Code of Russia. Definition of figurehead, the moment of the termination of the crime are given, possible stages of its fulfillment are defined. The article shows the relationship between the analyzed crime and the crime, which is provided by art. 173.2 of the Criminal Code of Russia, which in certain cases requires qualification for a combination of crimes. Proposals are being made to improve the wording of the criminal law, concerning the clarification of the attributes of the objective side of the crime, the definition of figurehead and the introduction of qualified corpus delicti. Particularly highlighted are the situations in which a person, who created an organization with the figurehead, carries out entrepreneurial activities, but then does not fulfill contractual obligations to third parties. It is in detail determined what it means “use of one's official position” by a person. An opinion is voiced about the possibility of excluding from the aggravating circumstances the commission of a crime by a group of persons on preliminary conspiracy.