The Concept of Regulatory Wrongfulness in Economic Criminal Law

Abstract

Nowadays the concept of regulatory wrongfulness in economic criminal law is not fully developed. At least there is no comprehensive definition of this phenomenon and its forms have not been considered.

The article is an author’s attempt, based on an analysis of the positions of legal scholars, to synthesize a definition of the term "regulatory wrongfulness" in economic criminal law. The definition of regulatory wrongfulness synthesized by the author has two drawbacks.

First. The need to establish regulatory wrongfulness in economic criminal law arises not only when applying criminal law norms with a blanket disposition, but also when applying criminal law norms with other types of dispositions, as evidenced by judicial practice.

Second. Regulatory wrongfulness in economic criminal law is expressed in two forms - in the commission of a non-criminal offense and in the abuse of law. Abuse of the right as a form of regulatory wrongfulness is characteristic of tax crimes, which is also confirmed by judicial practice.

The proposed definition of regulatory wrongfulness is the first step in the development of the author's concept of regulatory wrongfulness in economic criminal law.