Преступления в сфере экономики: Российский и Европейский опыт. Материалы совместного Российского и Германского круглого стола 9 октября 2009 года
The article is dedicated to historical analysis of crimes committed on securities market till the 20th century. Important part of the article is indication of economic conditions. Thanks for it the meaning of legal acts becomes clear. The author concludes on existence the developed securities market and necessary criminal rules to its protection.
The article considers the features of the presumption of knowledge of criminal law rules as a condition of guilt and responsibility for crimes in the sphere of economic activity. It argues conclusions on the ways to improve the organization of legal education of population, as well as the system of legal training of the staff engaged in economic structures and in respect of their penal control officers of the relevant legal institutions. It also justifies the relationship between the strengthen of the presumption of knowledge of criminal law in relation to these crimes with an increase in the effectiveness of criminal justice in the relevant field, and hence the efficiency of the economic activity.
Presumption of knowledge of law, crime, economic activity, legal education of population, legal training, criminal justice supervision, crimes in the sphere of economic activity, the order of publish of laws and their promulgation, commentary, Explanation, legal public education, legal studies, Legal institutions
In view of providing access to criminal legislation the article analyses the general law rule "ignorance of law does not set free from liability for its violation" and on this basis offers some proposals on perfection of the criminal legislation and practice of its application regarding the crimes in the sphere of economic activities. The author offers arguments to make the practice of publishing of new laws, their promulgation, commenting and interpretation more perfect, introducing the system of legal enlightenment on the new basis including the system of legal training of the personnel of economic structures and exercising their criminal-law control using the potential of the proper law agencies.
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.