- Journal Issues
- №1 2018 Actual problems of criminal justice
- Problems of criminal law
- Criminal responsibility for non-typical forms of encroachment against the foreign market under foreign legislation
Criminal responsibility for non-typical forms of encroachment against the foreign market under foreign legislation
Review
The article analyzes the non-typical forms of encroachments on the stock market, which are foreseen by the criminal legislation of foreign countries. The author refers to such non-typical encroachments: influence on price setting of securities; use of false and false information to influence the price setting of securities; abduction, destruction and damage to other securities; import of pre-fake securities; illegal export of securities abroad; illegal actions with simple and transferable bills; use of genuine or counterfeit securities for committing other crimes; failure to transfer funds to issuers of securities; violation of the rights of participants in securities collections.
To distinguish these non-typical forms, criminal law is analyzed in the Netherlands, Denmark, Germany, Poland, Switzerland, Sweden, Spain, Bulgaria, Uzbekistan, Azerbaijan, Kazakhstan, Georgia, Belarus, Latvia, Estonia, Japan, China, Russia, Serbia, Tunisia.
The formulated conclusions determine non-typical forms of encroachments on the stock market, their correlation among themselves, the significance for the content of these forms of properties of the stock market and legal constructions. It is substantiated that the non-typical forms of encroachments reflect the essential, most common characteristics of the attack and the damage it inflicted on the "work" of the stock market of any country (or most of the countries with a similar stock market system).
It is determined that the non-typical refer to the violation of the following phases of the "work" of the stock market: associated with the exercise of the powers of the stock market participants, depending on the form of the security (forgery, use, sale of deliberately fake securities); associated with the process of issue (issue) of securities, their introduction into circulation and circulation; use of insider information in the process of issue (issue) and circulation of securities.
Key words: securities, stock market, non-typical forms, foreign countries, criminal legislation.