THE RULE OF LAW AND ITS ROLE IN PROTECTING THE RIGHTS OF ENTREPRENEURS

Author(s): Kuksin Ivan Nikolaevich, Novopavlovskaya Elena Evgenievna

DOI: 10.21777/2587-9472-2016-2-27-34

Release: 2016-2 (9)

Pages: 27-34

Keywords: entrepreneur, entrepreneurship, business ombudsman, protection of business interests, economic crimes, exemption from criminal liability, judicial fine

Annotation: The article questions the importance and role of the modern Russian state in the mechanism of protecting the rights of entrepreneurs with the help of criminal law. The authors conclude that in the present time should toughen criminal penalties for unlawful criminal prosecution, if such act is committed by law enforcement officials for the purpose of obstruction of business or out of mercenary or other personal interest and led to the termination of business activities or caused major damage. At the same time, the article sets out the arguments in favor of the legalization of those rules that make it possible not to take repressive measures for the criminal offense of minor or moderate severity, replacing them with lightweight penalties which do not involve criminal record. The paper made suggestions, which can be taken into account when preparing the decision the supreme judicial body of Russia, concerning the practice of investigation of economic crime

Bibliography: Kuksin IV.NI., Novopavlovskaya EL.EV. THE RULE OF LAW AND ITS ROLE IN PROTECTING THE RIGHTS OF ENTREPRENEURS // Journal of Legal Sciences. – 2016. – № 2 (9). – С. 27-34. doi: 10.21777/2587-9472-2016-2-27-34