ON THE ISSUE OF STRENGTHENING CRIMINAL LAW COUNTERMEASURES SHADOW ECONOMY

Abstract

The negative impact of the «shadow» economy on the economic security of the country is an indisputable fact. Much has been and is being done to eradicate this phenomenon. In Kazakhstan, organizational measures are constantly being taken to reduce the level of the shadow economy. However, along with the improvement of organizational measures, it is necessary to modernize the legal regulation. To this end, it is important to solve several key tasks aimed at improving the economic climate in the country.

The first direction of legal regulation is the need to introduce administrative prejudice for economic offenses. The analysis of criminal and administrative-tort legislation showed the presence of a logical sequence for individual offenses. Administrative liability, compared to criminal liability, does not entail serious consequences for the offender, and therefore this gives rise to an increase in petty offenses in the economic sphere. The application of administrative prejudice will help to avoid such growth and will serve as an important leverage for lawful behavior.

The second direction is the introduction of a norm for pseudo-entrepreneurship. Such a provision took place in the first edition of the Criminal Code of the Republic of Kazakhstan in 2014, but was excluded. However, legal practice has shown its exceptional effectiveness. The current state of the economy requires the adoption of the most decisive measures to combat economic crime. Therefore, there is already a need to introduce criminal liability for false entrepreneurship.

The third direction is based on the prevention of the growth of economic offenses and consists in preventing the registration of «one-day» firms. The need to prevent the illegal registration of «one-day» firms will help to avoid the growth of economic criminal offenses and will serve as an important tool in stabilizing the economy.