Ufa, Russian Federation
342.565.2
The author in this article expresses an opinion on the place of decisions of the Constitutional Court of the Russian Federation in matters of the procedure and conditions for the application of the criminal law. Analyzing decisions on complaints from citizens and appeals of federal courts, the author comes to the conclusion that it is necessary for the legislator to respond in a timely manner to the instructions of the Constitutional Court of the Russian Federation. The paper points out that taking into account the decisions of the Constitutional Court of the Russian Federation is important for maintaining the consistency of criminal law prescriptions and the compliance of the provisions of the criminal law with the norms of the Constitution of the Russian Federation. In the article, the author proposes to correct the criminal law and administrative law regulations providing for liability for fraud in the field of entrepreneurial activity.
Constitutional Court of the Russian Federation, criminal law, complaint, ruling, fraud, administrative prejudice, beatings
1. In the case of checking the constitutionality of Article 116.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen L. F. Sakova: Resolution of the Constitutional Court of the Russian Federation of December 11, 2014. No. 32-P // RLS «ConsultantPlus». URL: http://www.consultant.ru (date of access: 25.04.2022). (In Russ.)
2. On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation: Federal Law No. 325-FZ of July 3, 2016 // RLS «ConsultantPlus». URL: http://www.consultant.ru (date of access: 25.04.2022). (In Russ.)
3. On amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation on the issues of improving the grounds and procedure for exemption from criminal liability: Federal Law No. 323-FZ of July 3, 2016 // RLS «ConsultantPlus». URL: http://www.consultant.ru (date of access: 25.04.2022). (In Russ.)
4. Poezzhalov V. B. The need to adjust the administrative-prejudicial norms of the criminal law // Law: retrospective and perspective. 2021. No. 4 (8). P. 54–58. (In Russ.)
5. In the case of checking the constitutionality of Article 116.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen L. F. Sakova: Resolution of the Constitutional Court of the Russian Federation of April 8, 2021 No. 11-P // RLS «ConsultantPlus». URL: http://www.consultant.ru (date of access: 25.04.2022). (In Russ.)
6. In the case of checking the constitutionality of part seven of article 53.1 of the Criminal Code of the Russian Federation in connection with the complaint of citizen V.N. Egorov: Resolution of the Constitutional Court of the Russian Federation of February 24, 2022. No. 8-P // RLS «ConsultantPlus». URL: http://www.consultant.ru (date of access: 25.04.2022). (In Russ.)
