Problems of the effectiveness of counteraction to the obstruction or illegal restriction of the rights of owners of securities (art. 185.4 of the Criminal Code of the Russian Federation) by criminal law means
The article is devoted to the problems associated with the application of article 185.4 of the Criminal Code of the Russian Federation, providing for liability for obstructing the implementation or unlawful restriction of the rights of owners of securities. As a result of studying the legislation of the Russian Federation and law enforcement practice, the question arises of the existence of a public danger of the act in question, its criminogenic characteristics, as well as competition with the norm provided for in art. 185.5 of the Criminal Code of the Russian Federation and other offenses in the field of corporate relations. In order to increase the effectiveness of criminal legislation, as well as taking into account the level of development of the Russian economy, the author proposes to decriminalize the norm enshrined in art. 185.4 of the Criminal Code of the Russian Federation.