Sources of criminal law in the area of responsibility for economic crimes in Russia and Italy
Published date | 07 October 2019 |
Pages | 1095-1106 |
Date | 07 October 2019 |
DOI | https://doi.org/10.1108/JFC-07-2018-0064 |
Author | Georgy Rusanov |
Subject Matter | Financial risk/company failure,Financial crime |
Sources of criminal law in the area
of responsibility for economic
crimes in Russia and Italy
Georgy Rusanov
Institute of Problems of Security, Higher School of Economics,
Moscow, Russian Fedearation
Abstract
Purpose –The purpose of this study is to investigate the sources of criminal law in the area of
responsibilityfor economic crimes in Russia and Italy.
Design/methodology/approach –This study is based on the study of five types of sources of criminal
law: criminal legislation,legislation of other branches of law in the sphereof regulation of economic relations,
legislation of other branches of law in the sphere of protection of economic relations, judicial practice and
customs.
Findings –Based on the study of Russianand Italian legislation were revealed: in general, that systemsof
sources of criminallaw in Italy and Russia are similar and based on the legislation.
Originality/value –This is explained by the fact that both countries are close to the Roman-Germanic
legal system. It is also an important legislation of other branches of law. It consists of regulatory and
protectivenorms of other branches of law. Court decisions, including decisionsof the Constitutional Court and
some legal positionsof other vessels, are also considered as sourcesof criminal law.
Keywords Russia, Italy, Sources, Criminal law, Economic crimes
Paper type Research paper
Our research is devoted to the comparative analysis of the subject of economic crimes in
the criminal legislation of Russia and Italy. Before starting the research, it is necessary
to consider a number of significant common issues related to this study because of the
significant features of the criminal law of each of the states. In Section 1, we will focus
on the study of the question of the sources of criminal law in relation to liability for
economic crimes in criminal legislation of Russia and Italy. The most interesting point
is the parallel consideration of certain issues relating to criminal law sources in Russia
and Italy.
1. Concept and types of sources of criminal law
The question about the sources of criminal law in the Russian criminal law theory is
debatable. Thus, N. F. Kuznetsova pointed to the sources of the criminal law, such as the
criminal law of the Russian Federation, the Russian Constitution and ratified international
treaties in the sphere of criminal law relations(Kuznetsova, 1994). Y. E. Pudovochkin and S.
S. Pirvagidov indicate to the following sources of criminal law: the Constitution of the
Russian Federation; principles and norms of the international law; federal and federal
constitutional laws, including the Criminal Code; Decisions of the Plenum of the Supreme
Court (Pudovochkin and Pirvagidov,2003) of the Russian Federation. O. N. Bibik regards as
criminal law sources:
Criminal law
1095
Journalof Financial Crime
Vol.26 No. 4, 2019
pp. 1095-1106
© Emerald Publishing Limited
1359-0790
DOI 10.1108/JFC-07-2018-0064
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