Carrying out entrepreneurial activity is today one of the most common occupations of citizens. In addition to permissions from the law, there are restrictions and, of course, protection of the rights of this sphere. The norms of article 169 of the Criminal Code of the Russian Federation just fix the provisions on criminal liability. It is provided for obstructing this type of activity and implies the application of serious sanctions.
General concepts of Art. 169 of the Criminal Code
A law having the highest legal force implies freedom of economic activity, respectively, non-compliance with this rule is a violation of the Constitution of the Russian Federation. In such cases, article 169 of the Criminal Code of the Russian Federation was adopted as a guarantee that no illegal restriction of entrepreneurial activity is allowed. However, in order to accurately understand the whole meaning of this rule, it is necessary to understand what exactly is entrepreneurial activity?
IP is an abbreviation that is quite common. As you know, this is an individual carrying out the type of activity under consideration. However, it is not limited only to individual citizens and may be the occupation of legal entities, that is, organizations. So, entrepreneurial activity is actions aimed at making a profit from the production and sale of goods, as well as the provision of services.
According to this definition, any activity to increase one's income is allowed if it meets all the requirements of the law. However, if the violation is on the part of the entrepreneur as a subject, then this will already be a completely different article of the criminal code.
Manifestation of a crime
As you know, the corpus delicti is the only and necessary basis for criminal prosecution. There are four elements that make up the totality of mandatory and optional features of an act. Their first group is called objective. Initially, when determining the composition, they always pay attention to exactly how the action manifests itself in the external environment, and only then they devote time to other elements.
So, the objective side of the crime under Article 169 of the Criminal Code of the Russian Federation is the abuse of authority by one official or another. This fact makes this composition specific, since a simple citizen can in no way be held accountable in accordance with this norm. Abuse is actions that do not allow a person to carry out this type of activity and are illegal, arising from the special situation of the subject.
What manifestation has this phenomenon? This can be a different kind of restriction of legal rights and interests, depriving an entrepreneur of proper independence or not allowing a person to legally pursue a profit. Such manipulations can be carried out exclusively by a special subject, that is, an official.
An object
Relations in the field of entrepreneurial activity attract the attention of several branches of law, for example, civil or administrative, and even have their own sub-sector. However, the criminal law claims the safety and protection of this activity more than anyone else. It captures individual chapters that affect not just economic relations, but specifically entrepreneurial ones.
Based on article 169 of the Criminal Code, it can be concluded that the very object of the crime will be those connections and interactions that are formed in the area in question. In general, the law says that an object is an activity and social relations about it. It may also contain an object or even a victim, depending on how, when, and to what extent the damage was caused.
Person committing a crime
Article 169 of the Criminal Code of the Russian Federation can be safely classified as specific only because of the subject of the act. As you know, it is always common. Sanity, age - the basic requirements. In addition, it is important to understand that a legal entity cannot be a priori guilty, unless its director or chief accountant. So, with regard to the norm under consideration, the provisions on the subject are not too far from the truth.
The person guilty of a crime, in this case, is always an official who, of course, fits the general requirements of the law. That is, we can safely say that the subject is special, which distributes Art. 169 of the Criminal Code to a specific, exclusive circle of persons. There are not many such norms in the law, but they are very effective in practice.
Wine and its forms
Obstruction of entrepreneurial activity, as noted above, is recorded in Art. 169 of the Criminal Code. The commentary on it does not pay much attention to such an element as the subjective side of the act, but nevertheless explains for simplicity the application of the norm, what is the fault in this crime and what forms can be brought to criminal responsibility.
So, the attitude of a person committing a dangerous act is manifested from the point of view of his mental perception. In the case of this article, wine has two forms: direct or indirect intent. Although the second option is possible only if there are aggravating circumstances. But the main thing is to remember that the subject always implements this act consciously and wishes the onset of negative consequences.
Article 169 of the Criminal Code of the Russian Federation. Qualifying Attributes and Responsibility
Aggravating circumstances are very clearly reflected in the criminal law. The value of these standards is very high. They are given a separate article of the general part, and the sentence ultimately depends on them. 169 of the Criminal Code of the Russian Federation also has its qualifying features, which, although not many, but their value from this does not decrease. So, the first option of aggravating circumstances is a major damage, determined by the amount of one and a half million rubles. This is evidenced by the note to this article.
The second aggravating circumstance is connected with the violation of the judicial act. That is, if a decision was made by the chairperson, it entered into legal force and requires execution, but this does not happen or its provisions are violated, the corpus delicti will not be simple, it can be safely defined as qualifying.
Also, article 169, of course, contains sanctions that range from fines to imprisonment. In fact, the most severe punishment is imprisonment for three years, but, perhaps, the deprivation of the right to engage in certain activities and monetary sanctions are considered widespread. So, at least, judicial practice affirms, which reflects the application of these norms.