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НОВЫЕ КРИМИНАЛЬНЫЕ БАНКРОТСТВА - СТАРЫЕ ПРОБЛЕМЫ. СПУСТЯ ДВА ГОДА ПОСЛЕ ИЗМЕНЕНИЙ ЗАКОНА
The author analyzes the judicial practice in cases of criminal bankruptcy (Articles 195-197 of the Criminal Code of the Russian Federation), which has developed after the latest changes in criminal legislation in this part, and concludes that there have been no significant shifts in law enforcement, the main qualification problems have remained the same and are concentrated around the interpretation of certain objective signs of bankruptcy crimes. According to the results of the study the conclusion is substantiated that “signs of bankruptcy” and “inability to fully satisfy creditors’ claims on monetary obligations and (or) fulfill the obligation to pay mandatory payments” should be understood as signs of insolvency in the sense of Art. 2 of the Federal Law of 26.10.2002 № 127-FZ “On Insolvency (Bankruptcy)” The rules of differentiation of Articles 195 and 196 of the Criminal Code of the RF are proposed.