Public relations violated by unlawful use of documents to form a legal entity

• Main Author: Petukhov E.V.
• Format: Article
• Language: English
• Published: Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation 2014-12-01
• Series: Uridičeskaâ Nauka i Pravoohranitelʹnaâ Praktika
• Subjects: object of crime; responsibility; entrepreneurship; legal entity; false entrepreneurship
• Online Access: http://naukatipk.ru/images/2014/4/petuhov.pdf

The problems of determining the direct object of crime under article 173.2 of the RF Criminal Code are investigated. It’s noted that the article contains two independent corpus delicti. The characteristic that unites them is the direct object of crime, which is broken in two ways: by person providing the relevant documents and by person receiving these documents and information. Scientific points of view concerning the understanding of crime object are estimated. Understanding the object as a legal order of carrying out business activities doesn’t allow to outline the scope of the corresponding relations. Many crimes under chapter 22 of the RF Criminal Code impinge these relations. The author disagrees with the recognition of public relations, ensuring the use of necessary documents for registration of only those organizations that are engaged in lawful activities, as direct object of unlawful use of documents to form (establish, reorganize) a legal entity. It’s emphasized that documents submission to the registering authority for registration of legal entities and individual entrepreneurs can be carried out by the applicant or his representative acting on the basis of a notarized power of attorney. The fact of forming legal entity should be connected with certain individuals. Then the organization will have certain responsible persons. The act provided by the analyzed corpus delicti, contributes to this rule violation. It’s summarized that the direct object of crime under considered article is public relations arising due to ensuring the statutory procedure for personalization and identification of responsible individual forming (establishing, reorganizing) a legal entity.