Obstruction of legal entrepreneurial activity: peculiarities of law enforcement

The economic sphere plays an important role in the development of the state. Entrepreneurs are actively involved in economic activities. In this regard, in the National Security Strategy of the Russian Federation, a special place is given to state regulation of the economic sphere. Free exercise of entrepreneurial activity in the Russian Federation is guaranteed by the Constitution of the Russian Federation. However, at present, it is not uncommon for the said constitutional guarantee to be subjected to criminal encroachments on the part of officials, expressed in the obstruction of legitimate business and other activities. One of the most effective ways to protect the rights of business entities from illegal obstruction of their activities today is criminal law protection, carried out through the application of Art. 169 of the Criminal Code of the Russian Federation. However, the disposition of the aforementioned norm of criminal legislation cannot be considered perfect, it contains gaps and shortcomings. They complicate the process of bringing officials to criminal responsibility for committing the illegal actions specified in it. This circumstance necessitates the elimination of the existing shortcomings, which will allow the state to ensure freedom of entrepreneurial activity guaranteed at the constitutional level. Analyzing the criminal law and judicial practice, the author comes to the conclusion that it is necessary to provide explanations by the Plenum of the Supreme Court of the Russian Federation on issues related to the application of Art. 169 of the Criminal Code of the Russian Federation, as well as the advisability of developing specific measures aimed at preventing the commission of the crime by state officials.

entrepreneurial activity, official, criminal punishment, economic activity, criminal liability