ORGANIZATION OF ACTIVITIES TO RAISE FUNDS AND (OR) OTHER PROPERTY (ARTICLE 172.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): ON THE ISSUE OF THE STRUCTURE OF THE SANCTION

Bykov A. V.

The article is devoted to the analysis of the sanction of Article 1722 of the Criminal Code of the Russian Federation and the related Article 14.62 of the Administrative Code of the Russian Federation. On the basis of an illustrative comparison of sanctions by articles of the criminal law containing signs of elements of crimes constructed with the use of administrative prejudice with the sanctions of the relevant articles of the Administrative Code of the Russian Federation, the conclusion is formulated that the elements of crimes with administrative prejudice, as well as the corpus delicti provided for in Article 1722 of the Criminal Code of the Russian Federation are elements of a stepwise ascending progressive differentiation of legal responsibility, which should to be reflected in the sanctions of articles of the criminal law by limiting the lower limits of the size of punishments. It is proposed to take into account the sanctions of the articles of the Administrative Code of the Russian Federation when designing sanctions of related articles of the criminal law.

Keywords:administrative punishment, criminal punishment, organization of financial pyramids, sanction, prejudice