CRIMINOLOGICAL AND CRIMINAL-LEGAL CHARACTERISTICS OF ILLEGAL (INTENTIONAL OR FICTITIOUS) BANKRUPTCY

Makarov Ilya

The presented article provides a comprehensive theoretical and practical study of the criminological and criminal-legal aspects of illegal (deliberate or fictitious) bankruptcy in the Russian Federation. The author focuses on the existing problems of qualification, proof of intent and causal relationship in the investigation and trial of cases provided for in Articles 196 and 197 of the Criminal Code of the Russian Federation. The article identifies key shortcomings of the current legislation, gaps in effective prevention and monitoring of financial flows, as well as difficulties associated with the detection and suppression of these crimes due to their high latency and professionalization of the subjects. A detailed analysis of the factors contributing to the commission of illegal bankruptcies is carried out, the personality of the criminal is characterized, and modern schemes for concealing assets and falsifying reporting are highlighted. Particular attention is paid to the problem of distinguishing illegal bankruptcy from related crimes, in particular, fraud, and the insufficient effectiveness of existing investigation methods. Based on the results of the analysis, proposals have been developed to improve the criminal-legal and criminological tools aimed at increasing the effectiveness of combating illegal bankruptcy. These include the introduction of digital technologies for monitoring financial transactions, strengthening interdepartmental cooperation, improving the qualifications of specialists, and developing methods of financial and economic expertise. The practical significance of the article lies in the formation of scientifically based recommendations for strengthening economic security, protecting the property interests of creditors and ensuring the stability of the market economy of the Russian Federation.

Keywords:intentional bankruptcy, fictitious bankruptcy, criminal procedural evidence.