PART 3 OF ARTICLE 299 OF THE CRIMINAL CODE OF RUSSIA: THE STICKING POINTS

The subject of the article is a criminal legal norm set out in part 3 of article 299 of the Russian Criminal Code establishing criminal liability for illegal initiation of criminal proceedings. The aim of this work is to determine a circle of victims of this crime, as well as to distinguish it from the related offence established in part 2 of article 169 of the Criminal Code. The author substantiates the possibility of constrains and contradictions of application of the mentioned norm. The study draws some inferences: 1) an individual entrepreneur who has acquired state registration or who didn’t do this in cases specified by law, as well as a representative of a commercial organization, could be victims under part 3 of article 299 of the Criminal Code; 2) an individual entrepreneur who doesn’t acquire state registration, despite the law provides for such an obligation, an individual entrepreneur who has acquired state registration but is engaged in illegal activity, as well as a representative of a non-commercial organization, couldn’t be victims under part 3 of article 299 of the Criminal Code; 3) in accordance with the rules of qualification, when part 3 of article 299 of the Criminal Code competes with part 2 of article 169 of the Criminal Code the preference should be given to part 3 of article 299 as a more special norm, protecting primarily the interests of justice and the interests of legitimate business activities of business entities.