PROBLEMS OF QUALIFICATION AND ISSUES OF IMPROVING THE QUALIFYING FEATURES OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 238 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
In the work under study, an assessment of the criminal legislation of the Russian Federation is given, in terms of the application of sanctions of the article on crimes related to the production and turnover of low-quality products, as well as the provision of services, in violation of consumer health safety standards. The analysis of the number of violations of legislation in the consumer market, which caused harm to the health and life of citizens, was carried out. Proposals have been made to improve the norms of criminal legislation in order to effectively ensure the protection of public health from criminal encroachments in the consumer services market. Taking into account the theoretical aspects presented by scientists studying the problematic issues of qualification and delineation of crimes committed in the consumer market and in the field of entrepreneurship, the author comes to the conclusion about such a concept as "the accumulation of various criminal acts in one criminal law norm." And this, as a rule, generates errors in the qualification of criminal actions by employees of practical bodies and departments. Provisions relating to the norms of art. 238 of the Criminal Code of the Russian Federation have related characteristics that are part of crimes related to the sphere of economic activity, as well as with the provisions enshrined in the Administrative Code of the Russian Federation, which leads to contradictions and misinterpretation in regulatory regulation. In order to strengthen the counteraction to these crimes, it is proposed: when allocating the composition "Production, storage, transportation and sale of goods and products that do not comply with safety standards" in an independent article, consider the possibility of introducing a qualifying feature in Article 238 of the Criminal Code of the Russian Federation, in part "criminal acts committed on a "large" and "especially large scale". Also, taking into account the volume of manufacture and sale of substandard products and goods, to put into effect in part 1 of Article 238 of the Criminal Code of the Russian Federation an increase in fines. In case of possible amendments to art. 44 of the Criminal Code of the Russian Federation "types of punishments" of such measures as: "liquidation of an enterprise and equipment in connection with conducting illegal activities" and "deprivation of the right to engage in entrepreneurial activity in the consumer and service market" to supplement Article 238 of the Criminal Code with these sanctions.