State of the doctrinal study of the problem of criminal law protection of foreign economic activity

Abstract

The article states that despite the fact that in the investigation of criminal offenses committed in the course of foreign economic activity, investigators and detectives face certain difficulties in their qualification and documentation, during the analysis of bibliographic publications on criminal law issues related to criminal offenses in the field of foreign economic activity, established the lack of thorough research at the dissertation and monograph levels on this issue. Such research is limited to individual articles in professional journals and in separate sections of scientific manuals.

Criminal offenses of this type in them are considered, as a rule, in the context of custom and criminal law.

It was found that the state of criminal law protection issue in the field of foreign economic activity and criminal law science of the countries of the near abroad is not much better. For the most part, these searches, similar to the Ukrainian ones, are limited to research only in certain areas of activity in the implementation of foreign economic activity, such as committing criminal offenses related to evasion of customs duties, etc.

The author's understanding of the impact of globalization processes on the foreign economic activity of the state is given, their positive and negative consequences, as well as possible abuses during the implementation of foreign economic activity are described.

The state of scientific development of the problem of criminal law protection of foreign economic activity is analyzed, as a result of which the main problems and tendencies in this sphere are revealed. In particular, it was found out that the legislation regulating foreign economic activity has positive tendencies and meets the needs of society and the state. However, the theory of criminal law does not pay enough attention to the problems of criminal law protection of foreign economic activity, while in practice law enforcement officials and courts face many problems in the application of relevant criminal law. This is due to the fact that doctrinal science lags behind the legislator in this matter, and the state of scientific development of the problem of criminal law protection of foreign economic activity does not meet the requirements of today. Therefore, in order to close the gaps in the study of criminal law protection of foreign economic activity, attention was drawn to the need for a deeper and more active study of this problem at the doctrinal level.