On implementation of the Institution of criminal misconduct and the prospects for its extension to offences against intellectual property

This article analyzes the draft law on implementation of institution criminal misconduct into legislation that was submitted to State Duma upon initiative Supreme Court Russian Federation. The author traces history problem, difference between new and previous law, which has received a negative response from Government Federation, thus not been implemented. newly introduced viewed perspective cross-sectoral competition, systematicity legislation, terminological accuracy, adequacy sanctions for different types offenses, correlation exemption liability. also raises question impact workload enforcement judicial branches. following conclusions were made: would extend chain concepts cannot be clearly defined: crime – minor administrative offence; such violates system unlawful acts, as  for most misconducts are milder than offenses. authors underline effectiveness norms misconduct, prejudice, liability, without clarifying goals achieved by these existing instruments. Most likely, require increasing judges. in establishing liability infringement intellectual property rights. It is recommended include Paragraph 4 Article 15.1 Criminal Code Federation reference Part I II 146, 147 conducted research allows concluding does have sufficient criminological criminal-legal scientific substantiation.