Disqualification of the right to hold positions in commercial and other organizations with the authorized capital of the Russian Federation

Relevance. The current version of the Criminal Code of the Russian Federation does not allow for the disqualification of individuals who have committed corruption-related crimes from holding executive positions in off-budget funds, state corporations, state-owned companies, public-law companies, and business entities with state participation. Purpose . To develop approaches to addressing the application of Article 47 of the Criminal Code of the Russian Federation without taking into account the amendments made to paragraph 1 of the notes to Article 285 of the Criminal Code of the Russian Federation, which expand the scope of perpetrators of official crimes by including not only individuals serving in state authorities or local government bodies but also individuals holding positions in commercial and other organizations with state participation. Objectives . To examine the legal positions of the Constitutional Court of the Russian Federation, the clarifications of the Supreme Court of the Russian Federation, and court decisions on specific cases and develop proposals for synchronizing the provisions of criminal law governing sentencing with the definition of the perpetrator of official crimes. Methodology . The use of methods for systemic analysis of the legal framework, as well as an analysis of judicial practice, allowed us to identify problematic issues in the legal regulation and application of the penalty of deprivation of the right to hold certain positions. Results . A new version of Part 1 of Article 47 of the Criminal Code of the Russian Federation is proposed. This would allow for the full consideration of the offender's position, the nature and significance of their activities, and their direct connection to the commission of the crime when determining the penalty. This would create additional preconditions for preventing corruption. Conclusions . Punishment in the form of deprivation of the right to hold certain positions or engage in certain activities should include a ban on holding positions related to the exercise of government functions or the performance of organizational, managerial, or administrative/economic powers, or engaging in certain professional or other activities.