The objective side of abuse in the issue of securities (Part 1 of Article 185 of the Criminal Code of the Russian Federation)

The object of the study is the objective side of the crime, responsibility for which is provided for in Part 1 of Article 185 of the Criminal Code of the Russian Federation. The problems that arise when trying to understand the mechanism of causing damage to investors are analyzed. It is noted that it cannot be real. The conclusion is formulated that the socially dangerous consequences reflected in Article 185 of the Criminal Code of the Russian Federation do not allow it to be applicable in practice, do not allow to correctly determine the immediate object in theory. The necessity of changing the disposition of the rule on abuse in the issue of securities is substantiated. The proposed version, firstly, takes into account legislative changes in the part of documents containing information about securities; secondly, it excludes consequences in the form of damage; and thirdly, it does not create problems in determining the type of intent and distinguishing from the offense, responsibility for which is established in Article 15.17 of the Administrative Code of the Russian Federation "Unfair issue of securities papers".   The author's special contribution to the research of the topic is that it was carried out after significant changes were made to the sectoral legislation, on which the possibility of applying the criminal law provision providing for liability for abuse in the issue of securities depends. The proposed changes to the disposition of Part 1 of Article 185 of the Criminal Code will make this rule applicable and effective. on the basis of the analysis, the following conclusions are formulated: 1) on the exclusion of socially dangerous consequences in the form of major damage from Part 1 of Article 185 of the Criminal Code of the Russian Federation; 2) the degree of violation of the established emission procedure is proposed to be considered as a sign delimiting an administrative offense and the analyzed crime.

information disclosure, emission stages, damage to investors, securities, issuers, investors, The Central Bank of Russian Federation, issue of securities, promotion, exchange