Protection of violated rights of creditors by criminal law means (on the example of Articles 176 and 177 of the Criminal Code of the Russian Federation)
Authors:
1.
Saint-Petersburg University of the MIA of Russia
(kafedra ugolovnogo prava, starshiy prepodavatel')
St. Petersburg, Russian Federation
St. Petersburg, Russian Federation
Type:
Article
Pages:
from 30
to 36
Status:
Published
Received:
27.06.2024
Accepted:
27.09.2024
Published:
12.07.2025
Subject area:
UDC 34
Language:
Russian
Keywords:
Violation of creditor's rights, criminal law protection, borrower's liability, concealment of information, release from liability, incentive measures, release from criminal liability
Abstract (English):
Introduction. The purpose of the study conducted by the author of the article was to examine the currently highly relevant norms of Russian legislation concerning the protection of creditors' rights. Particular attention is paid to the instruments of criminal law aimed at protecting against crimes, the composition of which is set out in Articles 176 and 177 of the Criminal Code of the Russian Federation. The results of the analysis of the effectiveness of these legal mechanisms and their ability to satisfactorily ensure protection allow us to formulate recommendations for solving the identified problems. Ensuring protection against illegal actions of borrowers in the context of criminal law may imply not only the application of punishments, but also the implementation of incentive measures. According to the author, post-criminal behavior of the guilty person, aimed at restoring the violated rights of creditors, should be encouraged by the possibility of exemption from criminal liability. Such a mechanism can be established by law by adding a note to Article 176 of the Criminal Code of the Russian Federation, which would enshrine more effective measures to stimulate persons who have agreed to voluntarily compensate for the damage caused by the crime. Methods. The dialectical method was used to analyze the social processes and phenomena considered in the study. The main scientific methods used in the study were the methods of analysis and comparison. The synthesis method, formal legal method, logical method, method of cause-and-effect relationships and a number of others were used. Results. The proposals formulated based on the results of the study are aimed at increasing the effectiveness of the protection of creditors' rights, which are violated by borrowers who commit crimes for which liability is provided for in Articles 176 and 177 of the Criminal Code of the Russian Federation. It is also proposed to use foreign experience in regulating liability for crimes in the field of lending (for example, in situations where information about events that lead to the termination of loan repayment is concealed) as part of the activities to improve the mechanisms for protecting creditors' rights.
Introduction. The purpose of the study conducted by the author of the article was to examine the currently highly relevant norms of Russian legislation concerning the protection of creditors' rights. Particular attention is paid to the instruments of criminal law aimed at protecting against crimes, the composition of which is set out in Articles 176 and 177 of the Criminal Code of the Russian Federation. The results of the analysis of the effectiveness of these legal mechanisms and their ability to satisfactorily ensure protection allow us to formulate recommendations for solving the identified problems. Ensuring protection against illegal actions of borrowers in the context of criminal law may imply not only the application of punishments, but also the implementation of incentive measures. According to the author, post-criminal behavior of the guilty person, aimed at restoring the violated rights of creditors, should be encouraged by the possibility of exemption from criminal liability. Such a mechanism can be established by law by adding a note to Article 176 of the Criminal Code of the Russian Federation, which would enshrine more effective measures to stimulate persons who have agreed to voluntarily compensate for the damage caused by the crime. Methods. The dialectical method was used to analyze the social processes and phenomena considered in the study. The main scientific methods used in the study were the methods of analysis and comparison. The synthesis method, formal legal method, logical method, method of cause-and-effect relationships and a number of others were used. Results. The proposals formulated based on the results of the study are aimed at increasing the effectiveness of the protection of creditors' rights, which are violated by borrowers who commit crimes for which liability is provided for in Articles 176 and 177 of the Criminal Code of the Russian Federation. It is also proposed to use foreign experience in regulating liability for crimes in the field of lending (for example, in situations where information about events that lead to the termination of loan repayment is concealed) as part of the activities to improve the mechanisms for protecting creditors' rights.
Keywords:
Violation of creditor's rights, criminal law protection, borrower's liability, concealment of information, release from liability, incentive measures, release from criminal liability
Violation of creditor's rights, criminal law protection, borrower's liability, concealment of information, release from liability, incentive measures, release from criminal liability
