Annotation

The article addresses the pressing issue of identifying promising directions for enhancing criminal legislation and law enforcement practices in combating crimes within the realm of entrepreneurial activities, specifically those committed through deception without the elements of theft. The author's analysis considers the significance and distinct features of entrepreneurial endeavors, contemporary trends in criminal policy, and the current criminal law provisions as they are practically applied to offenses in this sector, executed deceptively. The author formulates an operational definition of such acts, distinguishing them from fraud and other forms of theft, and ensures terminological clarity for further analysis. On the basis of official statistical data on convictions under Articles 170.1 and 176 of the Criminal Code of the Russian Federation for 2015–2024, the article reveals a multidirectional dynamic of law enforcement that requires independent analysis with respect to each provision. The position of V.I. Gladkikh on the structural imperfection of the disposition of Part 1 of Article 170.1 of the Criminal Code is considered; the author substantiates the conclusion that mechanical merging of its Parts 1 and 2 is inadvisable, and that a more precise delimitation of their spheres of application is required. The question is raised as to the sufficiency of sanctions under Articles 170.1 and 176 of the Criminal Code, the proportionality of sanctions to the nature of the offenses, and the limits of further differentiation of responsibility. The limits of applying the institutions of release from criminal liability (Articles 76.1 and 76.2 of the Criminal Code) to acts in which the harm caused is not limited to direct property damage are examined. The author concludes that enhancing the effectiveness of criminal-law counteraction is linked primarily not to expanding the range of criminal-law prohibitions, but to improving the certainty of existing regulation and the consistency of its application. Based on the research, conclusions and recommendations are drawn to bolster the efficacy of pertinent criminal law provisions and their enforcement.