Особенности толкования бланкетных признаков статьи 172 УК РФ «Незаконная банковская деятельность»
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
We describe a novel method for the analysis of research activities of an organization by mapping that to a taxonomy tree of the field. The method constructs fuzzy membership profiles of the organizationmembers or teams in terms of the taxonomy’s leaves (research topics), and then it generalizes them in two steps. These steps are: (i) fuzzy clustering research topics according to their thematic similarities in the department, ignoring the topology of the taxonomy, and (ii) optimally lifting clusters mapped to the taxonomy tree to higher ranked categories by ignoring “small” discrepancies. We illustrate the method by applying it to data collected by using an in-house e-survey tool from a university department and from a university research center. The method can be considered for knowledge generalization over any taxonomy tree.
The authors analyze the phenomenon of corporate raids from the civilians’ point of view and make the conclusion that attempts to criminalize a deed without any specific differences between the new formulated corpus delicti and corpus delicti already existed should be abandoned.
1. Description of the problem. Instrumental analysis makes it possible to find the arguments of adjudication on the bounders and structure of corpus delicti, its correlation to criminal and filling-up legislation. 2. Initial theses. Corpus delicti is regarded as that expressed in criminal law doctrine result of reorganization of orders of criminal law into other practically necessary form. That happens in the process of theory and practical experience accumulation. The construction of corpus delicti is transformed for practical needs, textually expressed system of features, regulated by criminal law and characterizing deeds as a crime of a definite type. Correlation of construction of corpus delicti with law and doctrine. Corpus delicti, its algorithm. Transition from law regulations to corpus delicti can be done: 1) prog-nostically; 2) within constant analysis of law; 3) in the process of law application. 3. Stages of instrumental building of corpus delicti: prognostic, doctrinal, law applicatory. Instrumental approach to corpus delicti includes within each stage: 1) based on criminal law decision of classification of corpus delicti and its borders; 2) objective description of a factual model; 3) acception of meaning correlated with legal notions and constructions; 4) choice of the construction of the corpus delicti and disposal of characteristics; 5) verification of legitimacy, necessity and adequacy of foundation. 4. Instrumental analysis of disputable questions of understanding and application of constructions of corpus delicti. A. Functions and purposes of application of construction of corpus delicti. Functions of corpus delicti: a) modeling; b) communicative; c) identificatory; d) technological. B. Contents of corpus delicti. Contents of corpus delicti as it is traditionally regarded does not correspond to indications of crime, does not characterize features of social danger; sign of danger of penalty also does go into corpus delicti. Two variants are proposed for the discussion: widening of the borders of corpus delicti by means of introduction of signs of social danger and signs, defining individualization of penalty and to limitate corpus delicti by characteristic of criminally punished act, separating it from contents of guilt and contents of social danger. C. Structure of corpus delicti. There are two problems: division of elements of crime seems to be extremely harsh and inadequate - it is expedient to include signs of special and time limits of act, causal links, crossing signs of objective and subjective sides, first of all consequences and an object of crime, into the structure of corpus delicti. Forms of committing a criminally punished act is a crime commitment in complicity, ideal system, not finished crime.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.