Baltic Journal of Economic Studies (Dec 2023)
THEORETICAL FOUNDATIONS OF CRIMINALISATION AND DECRIMINALISATION OF ACTS IN THE FIELD OF ECONOMIC RELATIONS
Abstract
The subject of the study is the public relations of criminalisation and decriminalisation of acts in the sphere of business-economic relations. Methodology. The methodological basis of the research is the method of induction and deduction, the dialectical-materialist method, the method of analysis and synthesis, the historical method, which allowed an objective understanding of the content and essence of the studied issues. The purpose of the article is to analyse the theoretical aspects of criminalisation and decriminalisation of acts in the sphere of business-economic relations in Ukraine in order to propose effective ways to improve the mechanism of these procedures in relation to business entities. The results of the study have shown that criminalisation and decriminalisation of economic activity in the economy of Ukraine as a vector of criminal policy and the direction of economic development of the state presupposes the formation of an effective model of interaction of economic entities among themselves and with the state, which minimises the commission of socially dangerous acts, meets the modern needs of society and is regulated by the norms of law. Conclusion. The importance of a systematic approach to decisions on criminalisation and decriminalisation of economic crimes was noted. It is argued that it is necessary to create a model of lawful behaviour in the economic sphere (the task of regulatory legislation) and to categorise deviations from this behaviour according to the degree of danger to the public, with the most dangerous acts being criminal offences. It is noted that the use of this approach will allow achieving the maximum corrective effect: the development of the Ukrainian economy and its eventual decriminalisation. It is emphasised that the role of criminal law in the regulation of socio-economic relations is far from leading. At the same time, the removal or installation of certain barriers for entrepreneurs cannot be considered as the ultimate goal of criminalisation or decriminalisation of acts in the field of business in criminal law. It is stated that criminal law should pursue the achievement of its preventive objectives, including in the fight against the black economy. The decriminalisation of offences against the economic order should be accompanied by changes in regulatory legislation in the direction of simplifying its requirements for business entities. Situations are unacceptable if, on the one hand, the rules and procedures for carrying out economic activities are complicated by regulatory legislation and, on the other hand, criminal liability for violating strict rules is eliminated. This leads to a very negative result: restrictions are circumvented because there is no responsibility for violating them.
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