Crime in the field of housing construction through the prism of legislative reform

Occupation: Head of the Department of Criminalistics and Operational Investigative Activities, Rostov Law Institute of the Ministry of Internal Affairs of the Russian Federation
Affiliation: Rostov Law Institute of the Ministry of Internal Affairs of the Russian Federation
Address: Russian Federation, Rostov-on-Don

Journal name

Gosudarstvo i pravo

Edition

Issue 4

Pages

93-99

Abstract

The author analyzes the trends of crime in the field of housing construction, focusing on such an aspect as the high adaptability of developers to the next measures taken at the state level to stabilize the housing market, protect the rights and legitimate interests of participants in shared-equity construction. The author comes to the conclusion that neither the adoption of the Federal Law of December 30, 2004 No. 214-FZ “On participation in the shared construction of apartment buildings and other real estate objects and on amendments to certain legislative acts of the Russian Federation”, neither the subsequent addition of such a significant novelty as the escrow account regime, nor the introduction of special restrictive measures of a regional nature, contributed to minimizing illegal acts in this area. Developers continue to undertake methods and techniques of concealing true intentions, which, in general, are expressed in creating the appearance of legitimate entrepreneurial or other activities not prohibited by law, in combination with: a) the production and use of forged title or other documents (for example, documents confirming the rights to a plot of land for construction); b) the commission of fictitious transactions (creating the appearance of acquiring apartments through escrow accounts; transit resale of land); c) using front persons or organizations as fictitious intermediaries. In this regard, the author suggests recommendations to improve the effectiveness of the investigation in terms of identifying elements of fictitious activity as techniques for concealing illegal acts.

Keywords

shared-equity construction of housing and other real estate objects, developer, equity holder, apartment, housing, shared-equity construction object, equity participation agreement in construction, escrow accounts, crime in the field of housing construction

Received

20.12.2021

Publication date

28.04.2023

Number of characters

23724

Cite

GOST	Vardanyan A. Crime in the field of housing construction through the prism of legislative reform // Gosudarstvo i pravo – 2023. – Issue 4 C. 93-99 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520024854-0-1 (circulation date: 12.10.2024). DOI: 10.31857/S102694520024854-0
MLA	Vardanyan, Akop V "Crime in the field of housing construction through the prism of legislative reform." Gosudarstvo i pravo 4 (2023):93-99. DOI: 10.31857/S102694520024854-0
APA	Vardanyan A. (2023). Crime in the field of housing construction through the prism of legislative reform. Gosudarstvo i pravo (4), pp.93-99 DOI: 10.31857/S102694520024854-0

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1. Aivazova O.V., Maksimov M.I. Features of concealment of crimes of mercenary orientation connected with violation of the land legislation // Herald of the East Siberian Institute of the Ministry of Internal Affairs of Russia. 2019. No. 1 (88). P. 115–126 (in Russ.).

2. Andreev A.S. Features of tactics for checking certain techniques of positive post-criminal activity at the initial stage of investigation of grave and especially grave crimes // Philosophy of Law. 2020. No. 2 (93). P. 109 - 115 (in Russ.).

3. Galuzo V.N. On criminal liability of legal entities in the organization of “shared construction” in the Russian Federation // Legal adviser in construction. 2020. No. 11. P. 42 - 47 (in Russ.).

4. Zorkin V.D. Corruption as a threat to the stable development of society // Journal of Russ. law. 2012. No. 7 (187). P. 18 - 20 (in Russ.).

5. Konovalov S.I., Changalidi N.V. The subject of crimes in the sphere of receiving social benefits as an element of criminalistic characteristics // Izvestiya Tula State University. Economic and legal sciences. 2019. No. 3. P. 16 - 25 (in Russ.).

6. Krasheninnikov P.V. Dacha amnesty is a very important matter // Economic Strategies. 2018. Vol. 20. No. 3 (153). P. 108 (in Russ.).

7. Lisitsyn-Svetlanov A.G. Legal support of economic reforms // Russ. journal of legal Research. 2016. Vol. 3. No. 3 (8). P. 7 - 12 (in Russ.).

8. Makarenko I.A., Grigoryan S.A. Criminal violations of legislation on participation in shared construction of housing and other real estate objects: Criminal Law and criminalistic aspects // Siberian criminal procedural and criminalistic readings. 2021. No. 1 (31). P. 71 - 80 (in Russ.).

9. Savenkov A.N. Issues of improving Criminal Law, process and criminal law policy // State and Law. 2018. No. 3. P. 5 - 13 (in Russ.).