Obstruction of legal entrepreneurial or other activities under Article 169 of the Criminal Code of the Russian Federation

The implementation of entrepreneurial activities - today one of the most common 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 responsibility. 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 having the highest legal force implies the freedom of economic activity, accordingly, non-observance of 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 unlawful restriction of entrepreneurial activity is allowed. However, to accurately understand the whole meaning of this rule, it is necessary to understand what is entrepreneurial activity?

IP is an abbreviation that occurs quite often. As you know, this is the physical person who carries out the activity in question. However, it is not limited to individual citizens only and can 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 activity to increase its income is permitted if it meets all the requirements of the law. However, if the violation occurs 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 corpus delicti - the basis of the only and necessary for bringing to criminal responsibility. There are four elements that form a set of mandatory and optional signs of the 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 only then takes the time to other elements.

So, the objective side of the crime under Article 169 of the Criminal Code of the Russian Federation is the abuse of power by an official. This fact makes this composition specific, since 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 subject, that is, an official.

An object

Relations in the field of entrepreneurial activity 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 captures certain chapters that affect not just economic relations, but specifically entrepreneurial ones.

On the basis of Article 169 of the Criminal Code of the Russian Federation, it can be concluded that the object of the crime will be precisely those connections and interactions that are formed in the sphere under consideration. In general, the law says that an object is an activity and social relations in its connection. 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 category of specific 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, with regard to the norm in question, the provisions on the subject are not too far from the truth.

The person guilty of committing a crime, in this case, always an official, who, of course, suits the general requirements of the law. That is, you can safely say, the subject is special, that distributes 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 entrepreneurial activity, 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 its forms are possible for bringing to criminal responsibility.

So, the attitude of a person committing a dangerous act 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 actor always realizes this act consciously and wants negative consequences.

Article 169 of the Criminal Code. Qualifying signs and responsibility

Aggravating circumstances are very clearly reflected in the criminal law. The significance of these norms is very high. 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, 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 with the violation 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 not be simple, it can be safely defined as qualifying.

Also, Article 169, of course, contains sanctions that range from fines to imprisonment. In fact, the most severe punishment is imprisonment for three years, but widespread, perhaps, is considered to be deprivation of the right to engage in certain activities and pecuniary penalties. So, at least, the court practice, which reflects the application of these norms, is approved.