Crimes in the consumer market. Criminal legal and criminological characteristics of crimes in the sphere of the consumer market Igor Aleksandrovich Antropenko Crimes in the consumer market identification and disclosure

The consumer market of the Russian Federation is highly criminalized and it is very difficult to resist this. Events carried out by the authorities face a high level of organization of criminal structures, coordination and planning of their actions, and often the significant status of the participants.

In the area of consumer rights, which constitute a critical component of democratic freedoms, statistics do not reflect the true state of affairs in these areas. No one knows what, how much and by whom is actually produced; no one is really responsible for the quality of the products.

In a number of regions of the Russian Federation, every third medicine is of dubious origin. The market of biologically active food additives (BAA), which has grown to 1.5 billion dollars, is 90% falsified. At the same time, more than two thirds of dietary supplements sold on the market are positioned as supplements with a therapeutic effect. That is, there are practically no prohibitions in this regard. And, for example, in the USA the production and sale of only four groups of dietary supplements that have medicinal properties are permitted.

More than 100 types of tonic, or so-called “energy” non-alcoholic and low-alcohol drinks (“Ecstasy”, “Devil”, “Trance”, “Adrenaline Rush”, etc.) are sold on the market. The state does not control this industry; there are no legislative and regulatory documents, but there are certificates of conformity and hygienic safety.

Advertising is not always honest with its consumers, emphasizing only the advantages of the product being promoted, which in most cases are either far-fetched or very exaggerated. Manufacturers also cheat by hiding the product’s ingredients in small letters on the back of the label behind a bright design.

It can be argued that in the economic field, market problems constitute a block in which corruption and the production of counterfeit products are combined, and in the socio-political field they lead to social stratification, since some can buy high-quality goods, while others can only buy counterfeit ones. In general, all this is detrimental to the health of consumers, which does not contribute in any way to solving demographic problems.

Let's look at the main dangers in the consumer market.

Production of counterfeit goods. This primarily applies to food products. The Russian Ministry of Health annually confirms the annual mortality rate from counterfeit vodka - 35-37 thousand people. That is, in peacetime the population of an entire city dies from it. The increase in alcohol consumption is causing concern, including due to a noticeable increase in the consumption of beer and low-alcohol drinks.

Enterprise managers sign dubious contracts for the supply of components, spare parts, basic raw materials and components from abroad. Butter cannot be of high quality if it is made not from milk or cream, but from vegetable fat mixtures that become marketable with the help of hydrogen or by hydrogenation.

Today in Russia there are few producers of milk powder (including for children) and concentrates for the production of reconstituted juice and juice-containing products. The market is flooded with surrogates, the suppliers and manufacturers of which are well known. But even these low-quality raw materials will only increase in price in the coming years.

Today, many enterprises in the pharmaceutical, meat, dairy, fat-and-oil, confectionery, canning, fishing, household chemicals, cold storage and dairy ice cream industries operate in a similar semi-criminal manner. Baby food is placed on a par with the production and turnover of commercial goods, which has always been classified as a specialized product and was considered a social segment of the market.

Moreover, any intervention by government agencies or independent human rights structures causes aggressive opposition from such enterprises.

Falling consumer demand. What prevents people from eating quality, tasty and safe food? It would seem that the market is full, the range has been expanded, advertising encourages consumers to buy, but problems of food quality and quantity, and most importantly, food safety, remain acute.

Compared to advanced countries, we consume 59% of the necessary food, and compared to WHO biological standards - 63%. And this is in Russia, which has 10% of arable land and 50% of the world’s black soil. The greatest drop in consumption levels occurs in the most valuable foods, which contain protein, fats and vitamins. To be convinced of this, just look at conscripts or students.

Many people see a solution to the problem in the use of soy-based products and supplements. But no substitute for them can be better than meat, milk, eggs, containing protein created by nature. There are just not enough of them. What kind of sausages are they if they don’t even have five percent meat?

Our country continues to be considered by business circles in the West, as well as in Southeast Asia, as a large and promising market for goods that they do not sell to their customers.

Non-state regulation of the consumer market. In Russia, the leading role in the implementation of technical regulation of the market is played not by the state, but by some groups and expert commissions. Many of them are recipients of foreign grants. Of course, they will not defend the interests of our country. The tobacco market is 100% owned by foreign corporations; the share of Russian juice producers in the total volume is no more than 25%. It must be admitted that the authors of these projects are clearly not concerned with the interests of our state and consumers of the products offered. But the interests of business circles in other countries are visible.

Incorrect use of new technologies. The quality of many Russian products causes outrage among consumers. And they are surprised that these products were released on the recommendations and even under the control of medical hygienists, doctors and heads of the State Sanitary and Epidemiological Supervision system, as well as institutes of the Russian Academy of Agricultural Sciences and the Russian Academy of Medical Sciences.

Food products, additives and raw materials from cattle hooves and pork skins have already appeared on the market. Or the dietary supplement “Chitosan” from cockroach shells and hundreds of other exotic food items. Science says the products are safe. It is not clear what, for example, a food product called sour cream should be called if the main ingredients include modified starch and milk powder? But the fermented milk product sour cream is obtained by the natural fermentation of two components: fresh cream and sourdough. How can you call a product ketchup that does not contain any tomato component at all, but contains the same starch and other fillers, dyes and stabilizers? Many varieties of mayonnaise are the creation of chemists.

More information about the dangers of food is described in Chapter. 9.4.

Measuring, weighing, shortchanging, misleading about consumer properties. According to Art. 14.7 of the Code of Administrative Offenses of the Russian Federation, measuring, weighing, calculating, misleading regarding consumer properties, quality of goods, work, services or other deception of consumers in organizations selling goods, performing work or providing services to the population, as well as by citizens registered as individual entrepreneurs in the field of trade and services, entails the imposition of an administrative fine on citizens and officials in the amount of one to two thousand rubles; for legal entities - from ten to twenty thousand rubles.

Measuring is the release of goods of a smaller size than the consumer should receive them under the purchase and sale agreement. Weighing means the release of goods of less weight than they should be in accordance with the payment for the purchase. The methods and time of measuring and weighing can be different: the use of incorrect, non-standard means, measuring instruments, measuring and weighing during packaging, direct sale of goods, etc. Shortchanging is usually called the receipt by the perpetrator of a larger amount than the actual cost of the goods sold, the service rendered, withholding change. Misrepresentation regarding consumer properties, quality of goods, work, services is the sale of goods (provision of services, transfer of work results) that do not meet the requirements of standards, technical specifications, or terms of the contract. Misrepresentation may be associated with deliberately distorted information or withholding from the consumer the necessary information about a product, service, their quality, consumer properties, etc.

If the product has a defect, the seller takes measures to make it more difficult to examine: expresses dissatisfaction if the buyer wants to hold the item in his hands; demonstrating the product, manipulates quickly and superficially, etc.

Suspicious products must first be purchased in small quantities - for testing. You should have the determination to tell the seller your decisive “I changed my mind about buying” if you notice a defect in the product at the very last moment. It is necessary to monitor the release date and deadline for the sale of the product. If there is no date on the packaging or the meaning of the date is unclear, it is better to discard the product.

Often, stale goods are sold cheaply, as well as defective goods, which must be disposed of as soon as possible before the control authorities take charge of them.

When buying fruits, vegetables, etc., you need to take a small amount in a transparent plastic bag: the seller is then less tempted to slip rotten or underdeveloped fruit. It is convenient to hide a defective fruit in the mass of normal fruits, so it is more profitable for the goods to be weighed in front of the buyer rather than packaged in advance.

The following methods of deceiving buyers by sellers are known:

- dilution: you can add milk to the sour cream, and add the second to the first grade;
- moistening: hold over steam, or store in a damp room, or simply sprinkle with water - sugar, cloth, etc.;
- weighing: hold the scales with your finger; throw the product on the scale and immediately remove it; weigh the package without taking into account its weight; place the scales so that the scale is poorly visible to the buyer; file the weights; spoil the scales;
- shortchange: first throw money into the cash register, then say: “You still have a ruble!”;
- do not yawn if the buyer mixes up a banknote or puts out more pieces of paper than necessary;
- overpricing: set a slightly higher price than the one prescribed by the boss or prescribed by the state;
- manipulation with numbers: people pay more attention to the first and last digits of a number; if instead of 132 you name or write 134, it will be more noticeable than if you slip, for example, 152; the more numbers there are, the more unnoticeably such a forgery can be committed;
- re-sorting: sell a second-class product as a first-class product;
- selling defects: if a meticulous buyer finds a defect in the TV, slip this TV to the simpleton;
- substitution: you ask: “Wrap that piece for me,” and hurry to the cash register with the money. While you are away, your piece is replaced with an almost identical one, but smaller.

Manufacturers are also known to deceive customers:

- theft of a trademark: for example, when buying jeans of the “Levi" S brand, only at home can you guess that they were made in Georgia;
- underestimation of portions: the cake may weigh less than what is written on the label. A metal can can contain the product indicated on the label in much smaller quantities than its volume allows. The rest is filled with liquid, so it is impossible to determine the scam by weight. If these are tomatoes in tomato juice, then the loss is small. But if instead of densely packed pieces of beef stew there are several stringy slices floating in the liquid, it is unpleasant;
- transparent packaging is preferable. The same tomatoes may end up in an iron can along with the remains of the stems. This is not harmful, but it will ruin your appetite;
- cheap recipes. In such and such sausage you need to put so much pork, so much beef, etc. The buyer probably won’t notice the differences, and if he does, he won’t prove anything;
- sellers can take into account the pickiness of buyers: women are chosen carefully, men and children are given something worse. Experienced sellers know that buyers easily agree to overpay for the following goods:
- low-cost items that are used rarely or in small quantities, for example, toothpicks;
- proving love, gratitude to someone, for example, flowers;
- providing prestige, demonstrating the ability to spend money, for example, Parker fountain pens;
- being a means of self-sacrifice: the higher the price, the more significant and pleasant the self-torture, for example, out-of-season oranges for a child in the hospital.

Having bought a complex item (for example, a refrigerator) in reserve, you need to use it immediately, since most defects are detected at the beginning of operation. Until the warranty expires, you will have the opportunity to make free repairs or get rid of the item altogether.

It is risky to buy used items. The previous owner could have dismantled them and partially damaged them. Perhaps they are being sold precisely because some defects have been discovered that they are trying to keep silent about.

There is undeserved trust in imported goods. The buyer hopes that the country struggling for foreign markets makes special efforts to ensure the quality of exports. No matter how it is! It can be easier to sell bad goods in a foreign country than in your own. Let the deceived clients be indignant: they are far away. Something else can be presented to domestic hacks, but no one will go abroad for this.

The least risky foreign goods are non-exportable ones, that is, without inscriptions in Russian. Domestic goods registered for export should also not receive concessions. If he didn't get abroad, it means something is wrong with him. Perhaps it was not intended to be there: they simply wanted to lull the vigilance of domestic buyers with the label.

A private company is more reliable than a limited liability company, since the latter can be created precisely for the purpose of avoiding liability.

Firms organized by fraudsters to deceive clients or to rob the state, as a rule, avoid publicity: they have a slippery, unmemorable name, do not use an office, communicate with clients through a rented mailbox or via telephone, do not identify themselves in advertisements, and make do with a vague “the organization offers ", "the company will buy."

It also happens the other way around: scammers pretend to be respectable with all their might (loud name, abundant advertising, luxurious office). First of all, newly formed companies should be suspected of dishonesty.

Solidarity of shareholders does not guarantee a company's integrity: shareholders themselves could be victims of deception. It is also possible that a small, old, proven company, acquired specifically for a major scam, may be used for dishonest purposes.

In order for the buyer to check the correctness of the measure and weight of the purchased goods, appropriate measuring equipment - check scales - must be installed in an accessible place on the sales floor. All measuring instruments are in accordance with and. 7 of the Rules for the Sale of Certain Goods No. 55 dated January 19, 1998 must be kept in good condition, while the seller is obliged to carry out metrological verification in a timely manner and in the prescribed manner and, at the request of the consumer, present documents evidencing verification. Such a document is called, for example, “Results of technical examination by special control bodies.”

If, as a result of weighing on control scales, it is discovered that the weight of the purchased goods does not correspond to the weight indicated in the cash register receipt or the readings of the scales in the sales department during the initial weighing, then the buyer has the right on the basis of Articles 12, 13, 15 of the Law of the Russian Federation of February 7, 1992 g No. 2300-1 “On the protection of consumer rights”:

- demand a refund of the amount overpaid as a result of the weighting for the goods;
- demand compensation for moral damage.

In case of refusal to satisfy the requirements on a voluntary basis, the buyer has the right to apply to the court of his choice: at the location of the organization, at the place of residence or stay, or at the place of conclusion or execution of the contract. In this case, it is necessary to attach to the application a copy of the cash receipt, a claim addressed to the seller, etc. as evidence of the arguments. Otherwise, it becomes very difficult to prove the seller’s intent to deceive the consumer.

Regarding the arguments about incorrect (rude) treatment of the seller, the legislation on the protection of consumer rights does not contain requirements for the behavior of sellers when servicing buyers; therefore, it is impossible to take any administrative measures against a person who has allowed incorrect treatment of the buyer, however, in accordance with Articles 1099, 1100 of the Civil Code of the Russian Federation, you can go to court demanding compensation for moral damage caused.

The danger of advertising. Advertising usually does not so much notify the buyer as manipulate his consciousness. When reporting specific characteristics of goods, the seller usually does not lie, because there is a penalty for this. But advertising does not always tell the whole truth about the product. The wider the advertising of a product, the more expensive it will cost customers. Non-specific characteristics (“prestigious”, “most fashionable”, etc.) cannot become the subject of legal proceedings, and therefore one should not pay attention to them at all.

It is believed that a company prospers if its advertising appears regularly. But desperate, especially daring advertising can appear at the end of the day - as the last attempt of a bankrupt company to stay in the market. Therefore, you should never rely on advertising; you need to carefully check the product yourself.

Sales promotion. So-called “sales promotion” is largely a play on human weaknesses. Those who fall for the trick may find themselves at a disadvantage compared to those who were careful. Let's look at some “stimulation” techniques:

- guarantee: the seller declares that the product purchased from him is repaired free of charge within a certain number of months, and in the event of an irreparable defect, it is replaced with a new one. It is usually forgotten that the cost of warranty services is included in the price of the product. Meanwhile, reliable things do not need warranty service;
- bonus: one of the thousand packages includes some small surprise. Or, a numbered picture is placed in each package, and when a complete set of such pictures is collected, their owner receives a gift from the company. Children especially like it. The cost of all joys is included in the price of the goods;
- seasonal sale: the seller keeps high prices for some time, manages to sell something, and also torment low-income customers. Then he announces a price reduction due to the “seasonal sale.” Buyers fall for price cuts under the “seasonal” pretext and buy more than they need, while the price has just dropped to a normal level;
- presentation: the seller gathers the audience, praises himself and the product, sells the first batch at a discounted price. This benefit is compensated by the following buyers attracted by the hype;
- user club: manufacturer, sellers create a society of consumers of their product for the purpose of “exchanging experience.” Potential customers are less afraid of purchasing risks. Meanwhile, a good product is, perhaps, just one that does not need additional club service.

A large number of low-quality goods. Low-quality products include: products with expired shelf life and sales; non-compliant with regulatory and technical documentation; having a non-marketable appearance; which does not have excise duty stamps; products that are under customs control are confiscated.

One of the main provisions of the legislation on the quality of goods is compliance by sellers with the expiration date of products. For food products, perfumes and cosmetics, medicines, household chemicals and other similar products, the manufacturer is required to set an expiration date. But most often, problems with expired products arise from manufacturers and sellers of goods with a short shelf life, such as food. The shelf life of the product is calculated from the date of its manufacture. Typically, this is the date before which the product is fit for use, or the period of time during which the product is fit for use.

Expired products are a source of potential danger to human health. Unfortunately, there are cases of low-quality products being sold, so consumers should know how to avoid the danger.

Even visitors to supermarkets are exposed to danger, the owners of which are not at all inclined to suffer losses. Store staff know many ways to sell stale food. Perhaps the most common is packaging products in foam pallets. Expired goods are removed from the boxes, which have a manufacturing date on them, and are packaged in store packaging, which never has a manufacturing date on it - only the packaging date, and it can be refilled at least every day. Mixing good goods with stale goods is used. Especially minced meat, ready-made salads, vegetables. Sometimes products are processed into other types of products (smoked, pickled, grilled, pickled and culinary products, etc.). The main types of violations in the sale of products that can lead to diseases: violation of the rules for the sale of goods, non-compliance with temperature conditions, sanitary and hygienic conditions, etc.

Consumer rights Protection - This is an intersectoral legal institution, which is a set of normatively established rules and norms designed to protect the rights of a citizen-consumer who has entered into a civil contract with an enterprise (a commercial organization or an enterprise without forming a legal entity) from abuse by the latter. Only an individual who intends to order or use goods (work, services) exclusively for personal or household needs not related to making a profit can act as a consumer. Consumer rights are protected by civil, civil procedural, administrative and even criminal legislation.

The buyer has the right:

- to ensure that the product, under normal conditions of use, storage, transportation and disposal, is safe for his life, health, the environment, and also does not cause harm to the consumer’s property;
- for full compensation for harm caused to the life, health or property of the consumer due to design, manufacturing, prescription or other defects of the product;
- for reimbursement of expenses associated with correcting defects in the goods by the consumer himself or a third party engaged by him for this purpose, as well as compensation for losses caused to the consumer by termination of the sales contract (return of goods of inadequate quality to the manufacturer). The seller must satisfy the buyer's request to review the claim within 10 days. If a dispute arises about the reasons for the appearance of defects in the goods, the seller or an organization performing the functions of the seller on the basis of an agreement with him is obliged to conduct an examination of the goods at his own expense. The buyer has the right to challenge the conclusion of such an examination in court;
- to receive compensation for moral damage if the seller (manufacturer) is at fault. Moreover, compensation for moral damage is carried out regardless of compensation for property damage and losses incurred by the consumer;
- to replace low-quality goods with goods of a similar brand of good quality with a corresponding recalculation of the purchase price;
- refuse the purchased product and demand a refund of the amount paid for the product. The buyer's request for an exchange or return of goods must be satisfied if the goods have not been used, their presentation, consumer properties, seals, labels are preserved, and there is also evidence of purchasing the goods from this seller. However, the buyer’s absence of a cash or sales receipt or other document certifying the fact and conditions of the purchase of goods is not a basis for refusal to satisfy his demands and does not deprive him of the opportunity to refer to witness testimony in confirmation of the conclusion of the contract and its terms.

The buyer’s right to exchange or return purchased goods cannot be exercised only in relation to certain types of goods, the list of which was approved by Decree of the Government of the Russian Federation of January 19, 1998 No. 55. Such goods include, in particular: goods for the prevention and treatment of diseases in the home conditions, personal hygiene items, sewing and knitwear, products made of precious metals and other goods;

- demand for the period of repair or replacement of a product of inadequate quality a similar product of adequate quality;
- participate in checking the quality of goods;
- make claims regarding product defects if they are discovered during the warranty period or expiration date.

The warranty period for the product is calculated from the date of sale of the product to the buyer. If the day of sale cannot be determined, this period is calculated from the date of manufacture of the goods. The shelf life of a product is determined by the period calculated from the date of manufacture of the product, during which it is suitable for use, or the date before which the product is suitable for use. For seasonal goods (clothing, fur goods, shoes, etc.), the warranty period is calculated from the beginning of the corresponding season, the onset of which is determined by the authorized state body of the constituent entity of the Russian Federation based on the climatic conditions of the buyers’ location;

The main responsibility of the buyer under a retail purchase and sale agreement is payment for the purchased goods.

What to do with a questionable bill?

If there are doubts about its authenticity, it is best to refuse and take two 500-ruble bills instead of 1000. And if you are unlucky, then you should not try to “fuse” a counterfeit bill, it is better to take it to the police. Unfortunately, they will no longer give a real bill in exchange for a fake one; this is a kind of punishment for “looseness.” Lost money can only be returned in court by proving who exactly deceived. It is even more difficult to prove that the bill came from a specific ATM. You shouldn’t try to buy something that’s fake, you might get a deadline. Punishment for counterfeiting state-issued banknotes is provided for in Art. 186 of the Criminal Code of the Russian Federation, punishable by up to 15 years in prison.

Assignments and questions

1. The concept of “poverty”, its causes. Characteristics of the problem of the “social bottom”.
2. Federal Law “On the subsistence minimum in the Russian Federation”.
3. Methods of saving and fighting poverty in the family and at home.
4. The concept of “unemployment”, its causes, types and consequences.
5. Methods of survival and combating unemployment.
6. Economic and financial security of the family.
7. Problems of the financial and credit sector of Russia.
8. Types of crimes in the banking sector.
9. Dangers associated with credit. The dangers of guaranteeing. The danger of collection bureaus.
10. Disadvantages of credit cards, consumer loans, bank loans and express loans.
11. Dangers of the consumer market: counterfeiting, measuring, weighing, shortchanging, advertising of low-quality goods.
12. Rights and obligations of the buyer in the fight for the quality of the goods.
13. Tell us about outstanding films that show the problems of poverty and survival in difficult living conditions.

Crimes committed against consumer rights are most often called crimes in the consumer market. Different authors define them differently, offering their own approaches to defining and classifying these crimes.

So, S.M. Suleymanov believes that the above crimes are crimes in the sphere of economic activity. The generic object of these crimes are social relations that develop in the sphere of economic activity See: Suleymanov S.M. General characteristics of crime encroaching on the proper functioning of the consumer market // Russian Justice. 2008. No. 12. From 17 - 20..

As for the definition of crimes committed in the consumer market, for example, S.A. Piskunov understands them as “socially dangerous acts that encroach on public relations protected by criminal law, related to the production and sale of goods, performance of work or provision of services to consumers, guilty of the subjects of these relations” Piskunov S.A. Crimes committed in the consumer market as an object of criminal law protection // Russian investigator. 2008. No. 11. From 27 - 29..

Speaking about the signs of crimes against consumer rights, they were quite successfully formulated by A.M. Subbotin. Firstly, they must be committed directly during the production, sale of goods, performance of work or provision of services. Secondly, these crimes must be committed by manufacturers (performers, sellers) or consumers. Thirdly, the above acts must be committed when carrying out activities by subjects of the consumer market, social relations between which may be or are of a legal nature See: Subbotin A.M. Criminal legal analysis of crimes in the sphere of the consumer market (Chapter 22 of the Criminal Code of the Russian Federation) [text]: A.M. Subbotin / theoretical and applied research: dis. ...cand. legal Sci. Nizhny Novgorod. 2007. From 15-21.. crime right consumer

Classification of these crimes by A.M. Subbotin looks at the subjects against whom they are committed. He highlights:

- crimes that infringe on the legitimate interests of producers, sellers and performers. These may include Art. 159 of the Criminal Code of the Russian Federation - “fraud”, Art. 165 of the Criminal Code of the Russian Federation - “causing property damage by deception or abuse of trust”, etc.
- crimes that infringe on the rights and legitimate interests of consumers. Here the same article is given as an example. 159 of the Criminal Code of the Russian Federation and, for example, Art. 238 of the Criminal Code of the Russian Federation - “production, storage, transportation or sale of goods and products, performance of work or provision of services that do not meet safety requirements.”
- crimes that infringe on the rights and legitimate interests of all participants in the consumer market at the same time. This is Art. 178 of the Criminal Code of the Russian Federation - “restriction of competition”, Art. 180 of the Criminal Code of the Russian Federation - “illegal use of means of individualization.” See: Subbotin A.M. Op. op. From 18.

S.M. also expressed his position. Suleymanov. He classified nine offenses under the Criminal Code of the Russian Federation as crimes committed in the consumer market: Art. 159, 165, 171, 171.1, 178, 180, 236 - 237, 238.15 of the Criminal Code of the Russian Federation.

As for the subjects of these crimes, for example, A.A. Magomedov includes among them the consumer's counterparties, that is, manufacturers, performers, sellers, importers, organizations authorized by the manufacturer (seller) or individual entrepreneurs who violate the dispositions of the above criminal law norms See Magomedov A.A., Mazur S.F. Combating crime in the sphere of economic activity: criminal legal, criminological and organizational problems. M., 2006. P. 138..

Among the crimes in which the rights and interests of consumers act as an additional direct object, the most prominent are crimes committed in the pharmaceutical sector, since it is an important component of the consumer market. This is confirmed by statistics conducted by the Ministry of Health of the Russian Federation, according to which “the volume of the Russian pharmaceutical market over the past 15 years has grown in value terms by more than 4 times” Order of the Ministry of Health of the Russian Federation “On approval of the strategy for drug provision of the population of the Russian Federation for the period until 2025 and the plan for its implementation" [Electronic resource]. Access from the “ConsultantPlus” reference and legal system. This could not but arouse the interest of various researchers in this problem, who provide approximate statistics in their works.

So, S.M. Suleymanov shows that counterfeit medicines worth 200 - 300 million US dollars are sold annually in the Russian Federation, which is almost 10 - 15% of the volume of the country's pharmacological market See: Suleymanov S.M. Decree cit.. He is also supported by S.A. Piskunov, proving that up to 12% of pharmaceuticals sold in the Russian Federation are counterfeit See: Piskunov S.A. Op. op. From 28..

Among the features of the pharmaceutical market in the Russian Federation include a wide range of medicines, a long development cycle, high knowledge intensity, dependence of the need for medicines on epidemics, natural disasters, and other extreme situations. Analytical review of the practice of combating economic crimes in the production, procurement and circulation of medicines drugs. Access from the website of the Ministry of Internal Affairs of Russia..

If we talk about crimes in the pharmaceutical sector, they have all the signs of crimes committed in the consumer market, only with a narrower focus. They are their integral component, which also has specific features. The separation of this group of crimes into a separate category is primarily due to the increased public danger of counterfeit medicines for public health, as well as bona fide manufacturers of this group of goods, the importance of proper drug provision for every citizen of the Russian Federation V.A. Voeglazov. General characteristics of crimes committed in the pharmaceutical sector // Russian investigator. 2014. No. 12. Access from the reference and legal system "ConsultantPlus"..

The problem of crimes in the pharmaceutical sector is noted not only by various researchers, but also by legislators. Not long ago, Art. 235.1, which is aimed at limiting the illegal production of medicines and medical devices and Art. 238.1, prohibiting the circulation of these counterfeit drugs Federal Law of December 31, 2014 No. 532-FZ “On amendments to certain legislative acts of the Russian Federation in terms of combating the circulation of counterfeit, counterfeit, substandard and unregistered medicines, medical devices and counterfeit dietary supplements” [ Electronic resource]. Access from the reference and legal system "ConsultantPlus".. These articles have become an adequate addition to the Criminal Code of the Russian Federation due to the level of crime in this area, as well as the importance of these public relations.

In addition to the norms discussed above, consumers very often suffer from deception and abuse of trust on the part of citizens. This can manifest itself in various circumstances, for example, the use of fictitious documents that confirm the full compliance of goods, works or services with the necessary safety requirements. In addition, consumers may be misled regarding the properties of goods, works or services.

Particular attention should also be paid to Art. 238 of the Criminal Code of the Russian Federation, which provides for criminal liability for the production, storage or transportation for the purpose of marketing or sale of goods and products, performance of work or provision of services that do not meet the requirements for the safety of life or health of consumers. A.V. Naumov provides the following statistics: in 1997, that is, since the beginning of the Criminal Code of the Russian Federation, only about a hundred crimes under this article were committed. In 2004, the number of crimes under Art. 238 of the Criminal Code of the Russian Federation reached 8638 See: Naumov A.V. Russian criminal law: course of lectures: In 3 volumes, 4th ed., revised. and additional M., 2007. T. 3. Special part (chapters XI - XXI). P. 142..

An 86-fold increase in the number of crimes is, according to O.S. Stepanyuk is an indicator of the low level of civilization of the Russian market economy, as well as a side effect of the development of entrepreneurial activity in Russia. See: Stepanyuk O.S., Stepanyuk A.V. Protection of children from goods, products, performance of work or provision of services that do not meet the requirements of safety of life or health: criminal law and civil law problems // Modern law. 2013. No. 1. Access from the reference and legal system "ConsultantPlus"..

It should be taken into account that the above crimes differ from each other both in the characteristics of the object of the criminal attack, and in the signs of the objective side, as well as in the nature of the public danger and degree of severity. A sign that unites these acts can only be an additional or optional object, which is defined as social relations in the sphere of production and sale of goods, performance of work or provision of services to consumers, as well as their rights and legitimate interests that are or may be harmed. In addition, one cannot help but notice that these crimes are located not only in different chapters of the Criminal Code of the Russian Federation, but also in different sections, which, in principle, is quite easily explained.

Firstly, the consumer market is a vital component of the economy, since it is by it that one can judge its condition, degree of development and security. On the one hand, the material well-being of the population is the ultimate goal of the economy as such. Secondly, the consumer market is the final market for the sale of goods that fuels economic development. See: Klepitsky I.A. System of economic crimes. M. 2005. P 486.. Thus, the largest number of crimes in the field of consumer rights that encroach on the rights and legitimate interests of consumers occur in the economic sphere.

Secondly, in addition to the interests associated with property relations, any consumer has the right to the safety of the goods, works or services provided to him. In this regard, most crimes are aimed at attacks on life and health, as well as on public safety. These compositions will be discussed in more detail later.

Thus, having considered the most important crimes affecting consumer rights, we can conclude that criminal legal means of protecting consumer rights fulfill their function. Criminal liability for crimes in this area is the most powerful and serious guarantee of security in the consumer market. The increased interest in this problem forced the legislator to introduce several articles into the Criminal Code of the Russian Federation, specifying certain types of crimes. This step was happily accepted by researchers who actively defended their positions on the introduction of an article for the falsification of medicines.

If we look at the qualifying criteria that are inherent in crimes against consumer rights, they can also be divided into several criteria. Firstly, this is an economic criterion, which is related to the amount of damage and the extraction of income. Secondly, like other crimes, one of the main qualifying features is the commission of a crime by different groups of persons. Thirdly, some crimes against consumer rights may involve the use of one’s official position. Well, fourthly, when these crimes are committed, serious consequences may occur for the life or health of the population, as well as the individual consumer and citizen.

Summarizing all of the above, we can conclude that criminal legislation in the field of consumer protection contains a large number of articles that in one way or another protect consumer rights. On the one hand, this ensures reliable protection of the most important spheres of society, and, on the other hand, one cannot help but note the fact that it has not yet been fully formed and strengthened so that it could be considered consumer.

It is possible to classify a particular crime as one committed in the consumer market based on the definition of an additional or optional object of a criminal offense. In most cases, these are minor or moderate crimes committed intentionally. The subject of the criminal attacks under study is, as a rule, general. Finally, it is possible to change some of the contradictions and inconsistencies between criminal legislation and administrative ones, since in some cases the severity of punishment is higher in the Code of the Russian Federation on Administrative Offenses than in the Criminal Code. Despite the fact that it is not so much the severity of the punishment that is important, but its inevitability, the severity of the consequences of violating criminal law should still be higher.

The Russian consumer market has experienced the most widespread development in recent years. During the privatization process, more than 90% of its facilities became private property. Most of the country's working population is directly related to the production or circulation of consumer goods. Huge amounts of money are in circulation in this area. All this attracts members of criminal groups and criminal capital.

The consumer market is an important sector of the Russian economy, affecting the rights and interests of not only entrepreneurs, but also the rest of the population (consumers). Therefore, crimes in the consumer market have an anti-social orientation, and their tendency to increase in recent years has a negative impact on the pace of socio-economic reforms.

Due to the lack of skills in economic behavior in market conditions and insufficient awareness of the procedures and rules for making transactions and other business transactions, the protection of the vast majority of legal entities and individuals from crimes and administrative offenses committed in the consumer market has significantly decreased.
The basis for the criminalization of the consumer market is the practice of unaccounted cash payments between business entities (the so-called “black cash”).

Practice shows that crimes and administrative offenses committed in the consumer market are becoming increasingly sophisticated, which complicates the crime situation.

The steady increase in the volume of wholesale and retail trade turnover and the sale of household services to the population in recent years has been accompanied by a constant increase in the number of crimes committed at enterprises (facilities) of the consumer market, as well as changes in their quality and an increase in the degree of public danger.

Currently, the most significant are the following areas of criminal attacks in the consumer market:
- commercial fraud;
- crimes related to the turnover of consumer goods;
- crimes related to illegal trafficking of low-quality goods, incl. counterfeit products;

Analysis of positive and negative experiences in identifying, preventing and solving crimes

The most important area remains the identification, prevention and detection of fraud.
Employees of the Central Internal Affairs Directorate of the Sverdlovsk Region established that the leaders of UTK Mercury LLC, T. and G., through deception using a network of front commercial organizations, appropriated inventory items belonging to OJSC Lebedyansky in the amount of 11 million rubles. A criminal case was initiated against T. and G. under Part 4 of Art. 159 of the Criminal Code of the Russian Federation.

Employees of the Ministry of Internal Affairs of the Republic of Mari El established that the director of the Elegant LLC shopping center G., in a preliminary conspiracy with engineer B., forged the relevant documents, re-registered the organization's building as the property of citizen V., causing damage to the state in the amount of 8 million rubles. Regarding G.,B. and V., a criminal case was initiated under Part 3 of Article 159 of the Criminal Code of the Russian Federation.
The practice of identifying, preventing and solving theft of entrusted property continues to spread widely.

Thus, employees of the OBEP of the Avtozavodsky Department of Internal Affairs of the Republic of Tatarstan established that the chief accountant of Wallpaper Center LLC, Sh., being the financially responsible person, under the pretext of carrying out mutual settlements with wallpaper suppliers by unjustified transfer of funds to the settlement accounts of Antoros LLC in CJSC GKB Avtogradbank" and in the Tatarstan branch of the SB of the Russian Federation, illegally misappropriated the company's funds in the amount of 10 million rubles. A criminal case has been initiated against Sh. under Part 3 of Article 160 of the Criminal Code of the Russian Federation.

Employees of the Ministry of Internal Affairs of the Republic of Dagestan established that the director of the state unitary enterprise Vinsovkhoz "Mutsalalsky" (Mutsalaul village, Khasavyurt district) T., abusing his official powers, embezzled funds from the enterprise in the amount of 2 million rubles. A criminal case was initiated against T. under Part 3 of Article 160 of the Criminal Code of the Russian Federation.

The practice of identifying, preventing and solving crimes related to illegal entrepreneurship is developing.

Thus, employees of the OBEP at the Surgut station of the Sredneuralsk UVDT discovered and seized 14 containers with alcoholic products, indicated in the accompanying goods documents as confectionery products, worth about 12 million rubles, the sender was Megotek LLC, the recipients were URALCONTAINER CJSC, RICON LLC, TITANIC LLC, which do not have the appropriate license. Based on these facts, a number of criminal cases have been initiated under Article 171 of the Criminal Code of the Russian Federation.

Employees of the Department for Economic Crimes of the Main Internal Affairs Directorate of the Sverdlovsk Region established that the director of Shabrovsky Electric Networks LLC F., as a result of providing energy to the population without the appropriate license, received an income in the amount of 4 million rubles. Based on these materials, a criminal case was initiated against F. on the grounds of Part 2 of Article 171 of the Criminal Code of the Russian Federation.

Numerous cases of foreign citizens engaging in illegal business on the territory of the Russian Federation have been established.

Employees of the Central Internal Affairs Directorate of the Rostov Region established:

Chinese citizen Ts., without being registered as an entrepreneur, in 2001-2003. in the territory of the “Classic” market of the Aksai district, as a result of the sale of imported consumer goods, received income in the amount of 800 thousand rubles. Goods worth 300 thousand rubles were seized. A criminal case has been initiated against Ts. under Part 2 of Article 171 of the Criminal Code of the Russian Federation.

Citizen of Afghanistan A., without being registered as an entrepreneur, as a result of the sale of pyrotechnic products, received income in the amount of 900 thousand rubles. A criminal case was initiated against A. under Part 2 of Article 171 of the Criminal Code of the Russian Federation.

Illegal business is often accompanied by the commission of other crimes, including: production and sale of counterfeit excise and special stamps; illegal use of a trademark; production, storage, transportation, sale of goods that do not meet safety requirements.
Thus, the employees of the ORCh at the ED of the Department of Internal Affairs of the city of Samara revealed the fact of the illegal production of counterfeit alcohol products by Rodnik OJSC and SVZ OJSC with the illegal use of a trademark and counterfeit special brands in an underground workshop owned by N. and K. (Samara) . A criminal case has been initiated against these persons under Part 2 of Article 171, Part 3 of Article 180 and Part 2 of Article 327-1 of the Criminal Code of the Russian Federation.
Employees of the UBEP Ministry of Internal Affairs of the Republic of Bashkortostan identified the fact of production and sale of counterfeit alcoholic products through store No. 50 “Food Products” (Sterlitamak) by citizens I-v, I-va, and B. Counterfeit goods, special brands, as well as materials and equipment for them productions were seized. Based on the results of the inspections, a criminal case was initiated under Art. 180, 238, part 2 of article 327-1 of the Criminal Code of the Russian Federation. I-v, I-va and B. were convicted by the Sterlitamak City Court.

Facts of production, acquisition, storage and sale of unlabeled goods and products were common.

Employees of the Internal Affairs Directorate of the Ryazan Region established the following facts:

Unlabeled tobacco products worth 600 thousand US dollars were discovered on the territory of the Iberdskoye municipal enterprise (Ibred village, Shilovsky district). Based on this fact, a criminal case was initiated under paragraph “c” of Part 2 of Article 171 of the Criminal Code of the Russian Federation;

On the territory of PSK “Luch” (Ekaterinovka village, Putyatinsky district) a warehouse with unlabeled counterfeit tobacco products, allegedly imported, worth 200 thousand US dollars, actually produced in the Shilovskaya Tobacco Factory municipal unitary enterprise, was discovered. Based on this fact, a criminal case was initiated under paragraph “c” of Part 2 of Article 171 of the Criminal Code of the Russian Federation.

Positive experience has been accumulated in identifying, preventing and solving crimes in the field of taxation.

Employees of the ORB for the ENP of the Main Directorate of the Ministry of Internal Affairs of Russia for the Central Federal District established that the management of Krasproduct LLC (Moscow), which imported meat products, did not submit accounting reports to the tax authority for the 3rd quarter of 2002-2003, and the previously submitted - introduced deliberately false information about the alleged transfer of customs duties to fly-by-night companies. As a result, the company evaded paying income tax and VAT for a total amount of 82 million rubles. A criminal case has been initiated against the management of Krasproduct LLC, the Investigative Directorate at the Internal Affairs Directorate of the North-Western Administrative District of Moscow, under paragraph “b”, Part 2, Article 199 of the Criminal Code of the Russian Federation.

Employees of the Central Internal Affairs Directorate of the Krasnodar Territory established that the management of CJSC Kristall, as a result of submitting a VAT return to the tax authority containing deliberately false information, evaded paying taxes to the budget of the Russian Federation in the amount of 38 million rubles. Criminal cases have been initiated against the general director of ZAO T. and the chief accountant S. under Part 3 of Article 159 and Parts 1 and 2 of Article 199 of the Criminal Code of the Russian Federation.

Employees of the Beloretsky interdistrict ORCh for the NP of the Republic of Bashkortostan established that individual entrepreneur S., engaged in the trade of food products, by entering distorted data in tax returns, evaded paying taxes and fees to the budget of the Russian Federation in the amount of 2 million rubles. A criminal case was initiated against S. under Part 2 of Article 198 of the Criminal Code of the Russian Federation, which was sent to court.

Much attention is paid to identifying, preventing and solving crimes related to the illegal trafficking of intellectual property products.

Thus, employees of the Main Directorate of the Ministry of Internal Affairs of Russia for the Central Federal District stopped the illegal activities of citizen S. (Moscow) in the production and sale of counterfeit DVDs and VHS videotapes, with audio and video recordings. Counterfeit goods were seized. The Lublin interdistrict prosecutor's office of Moscow opened a criminal case against S. under Part 2 of Art. 146 of the Criminal Code of the Russian Federation.

Employees of the Department for Economic Crimes of the Ministry of Internal Affairs of the Republic of Bashkortostan identified the fact of illegal distribution of counterfeit audio and video products belonging to private entrepreneur E. Counterfeit goods, as well as materials and equipment for their production, were seized. The damage caused amounted to 3 million rubles. The prosecutor's office of the Republic of Bashkortostan opened a criminal case against E. under Part 2 of Article 146 of the Criminal Code of the Russian Federation, which, upon completion of the investigation, was sent to court.

Work is being carried out to identify, prevent and solve malfeasance.
Employees of the Central Internal Affairs Directorate of the Saratov Region detained M., the head of the laboratory of the Regional Center for State Sanitary and Epidemiological Supervision, for receiving a bribe in the amount of 20 thousand rubles for issuing a fictitious report on the results of an inspection of a computer salon. A criminal case was opened against M. under Part 1 of Art. 290 of the Criminal Code of the Russian Federation. The Oktyabrsky District Court of Saratov handed down a guilty verdict to M.
Activities to identify, prevent and solve crimes of this category do not always lead to positive results.

Thus, employees of the Department for Economic Crimes of the Main Internal Affairs Directorate of St. Petersburg and the Leningrad Region established that unknown persons, illegally using the details of Sphinx LLC, sold goods to the population, in particular counterfeit dietary supplements, using forged documents, using the fraudulent teleshopping industry. Counterfeit products worth more than 8 million rubles were seized. The State Investigative Directorate at the Main Internal Affairs Directorate of St. Petersburg and the Leningrad Region initiated a criminal case under paragraph “b”, Part 3, Article 159 of the Criminal Code of the Russian Federation.

Positive results have been achieved in identifying, preventing and solving administrative offenses.

Employees of the Central Internal Affairs Directorate of the Altai Territory in the city of Gornyak detained S. for the illegal sale of alcoholic beverages produced in the Republic of Kazakhstan. The alcoholic beverages were confiscated. In relation to S., material was compiled under Part 2 of Art. 14.1 Code of Administrative Offenses of the Russian Federation.

Employees of the Department of Internal Affairs of the city of Tuapse, Krasnodar Territory, discovered the fact of selling red caviar without the appropriate documents of the private enterprise "Arutyunov V.P." The specified goods in the amount of 24 thousand 650 rubles were seized. On this violation, administrative protocols were drawn up under clause 1 of Article 14.4, clause 2 of Article 14.4 and Article 14.5 of the Code of Administrative Offenses of the Russian Federation.

Employees of the Internal Affairs Directorate of the Vladimir Region, during an inspection of the IPBOYUL Sh. (Vladimir), found that the latter was selling counterfeit sunflower oil, allegedly produced by Zolotaya Semechka LLC (Rostov-on-Don). 1085 liters of counterfeit goods and documents on the facts of its delivery and sale were seized. An administrative protocol was drawn up in relation to Sh. under Article 14.10 of the Code of Administrative Offenses of the Russian Federation. The damage caused in the amount of 3 thousand rubles was compensated.

Legal regulation of the turnover of goods in the consumer market

The sphere of the consumer market is actually a complex of wholesale and retail trade enterprises that interact with each other through financial and economic transactions for the purchase and sale of goods with the ultimate goal of selling them to a specific consumer (individual or legal entity).

The main objects of the consumer market are:
- enterprises - manufacturers that independently sell their own products;
- wholesale and retail trade enterprises;
- citizens carrying out entrepreneurial activities without forming a legal entity;
- mass catering establishments;
- food and manufactured goods warehouses;
- refrigerators and cold storage plants;
- various trading and intermediary firms.

Wholesale trade enterprises include large wholesale warehouses, bases of product manufacturers or trade intermediary firms. The commercial departments of these enterprises carry out wholesale sales of their goods to both wholesale intermediary organizations and retail enterprises. The functions of wholesale intermediary trade include the purchase of goods from the manufacturer, their warehousing (storage) and the sale of goods to retail and small wholesale trading enterprises.

Retail enterprises of trade, mass catering and personal services include stationary enterprises, temporary kiosks, trays, clothing, collective farm, municipal and wholesale (including small wholesale) markets.

Retail trade is divided into in-store and non-store.

Store trade is carried out:
- from the counter;
- self-service method (in department stores, supermarkets and supermarkets).
Out-of-store:
- sending goods by mail;
- exit: from cars or street from trays;
- market.

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Crimes in the consumer market. Criminal legal and criminological characteristics of crimes in the sphere of the consumer market Igor Aleksandrovich Antropenko Crimes in the consumer market identification and disclosure

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