Criminal protection of freedom of economic relations (experience of Great Britain and Germany)

Korotkii Philip Viktorovich

The scientific article provides an overview of the development of British legislation on liability for economic crimes over the past twenty years. The most illustrative examples from law enforcement practice are given. The author pays special attention to the issue of punishments envisaged in Great Britain for encroachments on the freedom of economic relations. The priority place among them is given to the criminal-legal means of property character. The British legislator seeks to make the commission of such crimes economically disadvantageous. A similar approach to the British approach to the criminal law against encroachments on the freedom of economic relations can be traced in the legislation of the Federal Republic of Germany. In Germany, in the sanctions of articles providing for criminal liability for the commission of economic crimes, punishments not related to imprisonment are highlighted. The principle “a crime should not pay for itself” has been implemented. In the author's opinion, the potential for the development of domestic legislation on criminal liability for encroachments on the freedom of economic relations in this regard is not fully disclosed. This, in turn, requires further research, including relying on the legislative experience of foreign countries.

Keywords:freedom of economic relations; collusion; corruption; state procurements; criminal liability of legal entities; fine; confiscation of property; ban on professional activities.