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International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

Economic crime in russia: administrative and normative legal rerequisites of development

Valery Petrovich Revin

1. The present economic criminality in Russia can be partly explained by the miscalculations of administrative character made in the period of transition of the state to market economy and partly by the shortcomings of the normative and legal regulation of social economic relations in the period of reforms.

2. The administrative miscalculations have affected the “vector”, the orientation of the strategy of economic reforms brought about their criminal character. The following may be looked upon as the biggest administrative errors:

a) absence of clear-cut conception of economic reforms;

b) the swiftness in reformation of property prior to the creation of required conceptual, psychological, legal and other social prerequisites;

c) giving wide, practically speaking uncontroled powers to functionaries, to other employees in state management in privatization of property, in other types of economic “reformative” activity.

3. The normative legal miscalculations affected the tactics used in carrying out the economic reforms: they made it impossible to create effective legal mechanism for reforms. In Russia the necessity for having a smooth legal mechanism for reforms was felt with a very big delay — only recently work was started to develop a whole number of “market” branches of law: for finance, banks, insurance, customs, taxation, etc. In the legal sphere of society there are still in existence the traditions of the “fiscal foundation of reforms”; too much hope is being tied to criminal policy, criminal and administrative law that during the reformation of economic relations play an auxiliary (protective, preventive, punitive), but not creative role.

The above-said and other prerequisites considerably influence the state, the structure and the dynamics of present day ecomonic criminality in Russia.

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