employee
employee
The legal mechanisms of exemption from criminal liability of developers when compensating damage to participants in shared-equity construction are being investigated. The norms of criminal legislation and judicial practice are analyzed, and problematic aspects of the implementation of this legal mechanism are identified. The relevance of the research topic is due to the high social significance of the issues of protecting the rights of participants in shared-equity construction and the need for a balanced application of criminal law mechanisms in the field of housing construction. The purpose of the study is to develop proposals aimed at improving the practice of applying the legal grounds provided for in Note 2 of Article 200.3 of the Criminal Code of the Russian Federation. This provision of the criminal law makes it possible to release a person who has illegally received funds from participants in shared-equity construction upon meeting the relevant requirements stipulated in this note. However, at the moment there are no specific explanations regarding the understanding of the correctness of these conditions. From a practical point of view, clarifying what is meant by the full refund of funds and the commissioning of real estate should facilitate the proper application of the relevant criminal law rule.
shared-equity construction, exemption, criminal liability, money, real estate, shareholders, compensation, condition, participants, contract
1. Alikperov H. D. Crime and compromise. Baku, 1992.
2. Appeal Resolution № 22-287/2024, issued on March 20, 2024 by the Supreme Court of the Kabardino-Balkarian Republic, composed of Judge Chechenova F. S. // URL: https://sudact.ru/
3. Emonakova N. A. Features of the functioning of the escrow account // Vector of Economics. 2019. № 8 (38). P. 1–9.
4. Knyazkov A. A., Shcherbak E. R. Exemption from criminal liability under art. 200.3 of the Criminal Code of the Russian Federation : assessment of legislative structure and law enforcement prospects // Theology. Philosophy. Right. 2019. № 3 (11). P. 65–75.
5. Matskevich I. M. Additional criminal legislation of Russia : legal fantasies on a given topic : 20 years of the Criminal Code of the Russian Federation : results, problems, prospects : proceedings of the All-Russian Scientific and Practical Conference. In 2 parts. (Ryazan, October 5–6, 2016). Ryazan : Publishing House «Kontseptsia», 2016. P. 17–22.
6. Solovyov O. G., Sokolova O. V. Stimulating norms-novels in articles about crimes in the sphere of economic activity (Chapter 22 of the Criminal Code of the Russian Federation) // Legal Science. 2017. № 3. P. 143–147.
7. URL: https://cbr.ru/search
8. URL: https://xn--80az8a.xn--d1aqf.xn--p1ai/?stdpg
9. URL: https://domclick.ru
10. The decision to terminate the criminal case in connection with the return of the raised funds in full, issued on August 15, 2021 by the court of the Yamalo-Nenets Autonomous Okrug, composed of the presiding judge Yakovlev D. V. // URL: https://sudact.ru
11. Federal Law № 214-FZ of December 30, 2004 «On participation in the shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation» // LRS «ConsultantPlus».
12. Filchenko A. P. Compromise as a method of criminal law regulation // Bulletin of Perm University. Legal sciences. 2013. № 2. P. 251–258.
