Realization of entrepreneurial activity -for today one of the most widespread 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 obstruction of this type of activity and implies the imposition of serious sanctions.
General concepts of art. 169 of the Criminal Code
The law, which has the highest legal force,implies freedom of economic activity, accordingly, non-compliance with this rule is a violation of the Constitution of the Russian Federation. For such cases, article 169 of the Criminal Code of the Russian Federation was adopted as a guarantee that no illegal restriction of business activities is allowed. However, in order to understand the full meaning of this norm, it is necessary to understand what is entrepreneurial activity?
IP is an abbreviation that occursoften. As you know, this is the physical person performing the type of activity in question. However, it is not limited to individuals only and may be an occupation of legal entities, that is, organizations. So, entrepreneurial activities are actions aimed at obtaining profit from the production and sale of goods, as well as the provision of services.
According to this definition, any exerciseactivities to increase their 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 be an entirely different article of the criminal code.
Crime
As you know, the nature of the crime is the basisthe only and necessary for bringing to criminal responsibility. There are four elements that form a set of mandatory and optional signs of an act. Their first group is called objective. Initially, when determining the composition, always pay attention to exactly how the act manifests itself in the external environment, and then time is taken for other elements.
So, the objective side of the crime under article169 of the Criminal Code is the abuse of power by an official. This fact makes this composition specific, as a simple citizen can not 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, resulting from a particular position of the subject.
What kind of manifestation does this phenomenon have?This may be a different kind of restriction of legitimate rights and interests, the deprivation of the entrepreneur due independence or altogether preventing the person from legitimate activities to make a profit. Such manipulations can be carried out only by a special entity, that is, an official.
An object
Relations in the field of entrepreneurialactivities attract the attention of several branches of law, for example civil or administrative, even have their own sub-sector. However, the criminal law claims to be the most secure and protected of this activity. It fixes in itself separate chapters, affecting not just economic relations, but specifically entrepreneurial.
On the basis of Article 169 of the Criminal Code of the Russian Federation,that the object of the crime will be precisely those ties and interactions that are formed in the sphere in question. In general, the law says that an object is an activity and social relations on its behalf. There may also be an object or even a victim, depending on how, when and in what amount the damage was caused.
The perpetrator
Article 169 of the Criminal Code can be safely attributed to the categoryspecific 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 can not be a priori guilty, unless its director or chief accountant. So, as for the norm in question, the provisions about the subject are not too far from the truth.
The person guilty of committing a crime inThis case is always an official, which, of course, fits the general requirements of the law. That is, you can safely say, the subject is special, which extends Art. 169 of the Criminal Code of the Russian Federation for 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 entrepreneurialactivities, as noted above, is recorded in Art. 169 of the Criminal Code. The commentary does not pay much attention to such an element as the subjective side of the act, but nevertheless explains for the simplicity of the application of the norm, what is the fault in this crime and what are its forms that are possible to bring to criminal responsibility.
So, the attitude of a person committing a dangerousaction, is manifested in terms of his mental perception. In the case of the article under consideration, 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 realizes this act consciously and wants negative consequences.
Article 169 of the Criminal Code. Qualifying signs and responsibilities
Aggravating circumstances are very clearly reflectedin the criminal law. The significance of these norms is very great. They are given a separate article of the general part, and the verdict depends on them as a result. 169 of the Criminal Code also has its own qualifying signs, which, although a little, but their significance does not diminish. So, the first variant of the aggravating circumstance is the large damage, which is determined by the sum of one and a half million rubles. This is indicated by a note to the article in question.
The second aggravating circumstance is connected withviolation of the judicial act. That is, if the decision was taken by the presiding judge, it entered into legal force and requires execution, and this does not happen or its provisions are violated, then the crime will no longer be simple, it can be safely defined as qualifying.
Also, Article 169, of course, contains in itselfsanctions that range from fines to imprisonment. In fact, the strictest punishment is imprisonment for three years, but it is common to consider the deprivation of the right to engage in certain activities and pecuniary punishment. So, at least, the court practice, which reflects the application of these norms, is approved.
