LEGAL AND TECHNICAL DEFECTS IN THE CONSTRUCTION OF NORMS ESTABLISHING CRIMINAL LIABILITY FOR FICTITIOUS LEGAL RELATIONS

Abstract

The article deals with an actual and little-studied form of fictitious in law – fictitious legal relations. It is noted that fictitious legal relations are reflected in various branches of law, however, criminal liability is established for the most dangerous manifestations of them, enshrined in articles 197, 3222 and 3223 of the Criminal Code of the Russian Federation. The study of these crimes has shown that they contain some legal and technical defects that negatively affect the quality of the application of criminal legislation. It is concluded that it is necessary to consolidate the identical wording of fictitious bankruptcy in criminal and administrative legislation, to bring articles 3222 and 3223 of the Criminal Code of the Russian Federation into a unified form and supplement the note to article 3222 of the Criminal Code with the concept of fictitious registration of citizens of the Russian Federation, foreign citizens and stateless persons.