Evolution of Russian legislation in the field of countering crimes committed by managers against the interests of corporations

Abstract

The subject of the study is the process of evolution of domestic criminal legislation in terms of criminalization of acts committed by employees of corporations using their official position, special attention is paid to the heads of commercial corporate organizations. The article examines the abuse of official position in the context of the development of society in the territory of modern Russia in the pre-revolutionary era, during the period of Soviet power and after perestroika. It describes the development of corporate and non-profit structures in the context of the development of bourgeois relations and the transition from private service to nationalization in the Soviet era, the impact of this fact on the increase in the number of official crimes. The author analyzes the impact of legal changes on the understanding of official crime, including the principles of criminal responsibility, the qualification of acts and differences in the criminal legal assessment of abuses by public officials and non-state employees. The research method is a consistent historical and legal analysis of the substantive and procedural criminal legislation of the Russian Empire, the RSFSR and the Russian Federation in the part under consideration. The historical analysis of the evolution of the institute of executive responsibility for crimes against the interests of service in corporations conducted in this article allows us to draw the following conclusion: understanding over several centuries the issues of criminal law regulation of corporate executives' responsibility has led to an awareness of the different legal nature of public service and service in corporate structures, entailing inadmissibility a unified approach to the criminal law assessment of abuses by public officials and non-governmental employees. Despite the apparent similarity, due to these differences, a different approach is required to the criminal legal assessment and measures to counteract these, undoubtedly, inherently different acts. Thus, the appearance in the criminal legislation of Russia of a system of crimes against the interests of service in corporations is unambiguously historically and economically conditioned.