Interaction of corporate and criminal law norms: how to synchronize the directions of lawmaking

Relevance. Modern economic and legal studies based on extensive observations of the state of corporate legislation and the qualitative composition of corporate participants ("ownership structure") indicate a high mobility of the shareholder corps in most legal systems. Russian criminal law, which classifies employees of state-controlled jointstock companies as persons who may commit official crimes, is focused on the stability of the subject composition of corporate participants. This indicates a conflict of premises underlying the norms of Russian corporate and criminal legislation. The purpose of this study is to identify the institutional cause of the occurrence of failures in the intersectoral interaction of legal norms and determine a strategy for their prevention in the future based on an analysis of the legislator's decision to classify employees of business entities controlled by public-law entities as subjects of official crimes and relevant law enforcement practice. Research objectives : to determine economic and legal approaches to the analysis of the composition of participants in commercial corporations ("ownership structure"); to establish the degree of transparency of the shareholder composition for potential subjects of official crimes; to identify cases of incorrect use of the categorical apparatus of corporate law in the construction of criminal law norms; to propose an institutional solution to the problem of the lack of competence in related legal areas among drafters. Methodology. Formal-legal, comparative-legal, specific-historical and system-legal methods are used, as well as methods of legal observation and legal forecasting. Results. The difficulties of law enforcement resulting from the erasure of clear boundaries between crimes against the interests of service in commercial and other organizations (Chapter 23 of the Criminal Code of the Russian Federation) and crimes against state power, the interests of civil service and service in local government bodies (Chapter 30 of the Criminal Code of the Russian Federation) are demonstrated. Conclusions. There is a need to create a body from representatives of the legal community that would perform the functions of a «filter of bills» on the methodological basis and practices developed by the Council under the President of the Russian Federation for the Codification and Improvement of Civil Legislation, as well as the experience of other countries.