Problem of identification of differentiating signs between economic crime and offence. Part 2
The article is continuation of earlier designated problem of search of identification of differentiating signs between economic crime and offense. The used tools are formal and dogmatic interpretation of the operating precepts of law and the doctrine of criminal law and use of tool approach. The purpose of research is to study effective criteria of differentiation of crimes and offenses in economy. In the article, features of maintenance of essential elements of crime and offense in the context of understanding of public danger are revealed. It is noted that the public danger cannot be effective and reliable criterion of differentiation of administrative offense and crime. On the example of the bans which are contained in the Criminal Code of the Republic of Belarus and the Code of Republic of Belarus on administrative offenses it is shown efficiency of degree and the nature of public danger of the acts made in the sphere of economic activity. There is no universal formula of public danger, its character and degree that would be suitable in one and all cases. The development of informational relations, the global instrumentalization of law, the commercialization of branches of the national economy and the sphere of economic activity indicate that a category of public danger will always be transformed, depend on the economic system of society, and ideas about moral and ethical behavior in society. At such formulation of the question the public danger has something in common with expediency. Fight against crimes in the sphere of economy has to be carried out not due to expansion of a coverage of the criminal law, and due to increase in its efficiency. And the efficiency of the legal instructions which are contained in the criminal law depends on compliance of a type of illegality to the nature of the act made in economy. The sphere of application of the obtained results is law, law-enforcement practice, law-making, legislative drafting.