Criminal liability for intentional bankruptcy

This article presents a study on criminal liability for intentional bankruptcy. The relevance of this research topic stems from the fact that bankruptcy plays a significant role in the modern market economy, as Russian society is characterized by high levels of indebtedness, and the attractiveness of debt write-offs has led to an increase in intentional bankruptcies, which negatively impact the financial position of creditors. Furthermore, the relevance of studying criminal bankruptcies is due to the fact that over the past ten years, numerous amendments have been made to Federal Law No. 127-FZ of October 26, 2002, «On Insolvency (Bankruptcy)», which are not adequately reflected in criminal legislation. Therefore, it is necessary, in particular, to develop ways to improve Article 196 of the Criminal Code of the Russian Federation. The following methods were used as the methodological basis for this study: analysis, synthesis, comparison, generalization, and the formal legal method. According to the definition of «bankruptcy» in Article 2 of the Federal Law «On insolvency (bankruptcy)», creditors' claims, the failure to satisfy which leads to the debtor's insolvency, include creditors' claims for monetary obligations, severance pay and/or wages for individuals working or who have worked under an employment contract, and the fulfillment of the obligation to pay mandatory payments. In turn, the definition of «intentional bankruptcy» provided for in Part 1 of Article 196 of the Criminal Code of the Russian Federation and Part 2 of Article 14.12 of the Code of Administrative Offenses of the Russian Federation does not include claims for severance pay and/or wages for individuals working or who have worked under an employment contract among creditors' claims, the failure to satisfy which leads to the debtor's insolvency. This omission requires correction by introducing appropriate amendments to the legislation.