Social Condition of Criminal Bankruptcy of Individuals in Russia
Authors: Kozlova Vlada 
Published: November 2020

Introduction. The social conditionality of criminal bankruptcy is revealed through its historical analysis.

The origin of the institution of economic insolvency is associated with the emergence and development of

market and commodity-money relations. Under the influence of socio-economic conditions, this institution

underwent various changes. Purpose. The purpose is consider the development of the institution of bankruptcy

in Russia through the prism of political economic relations, to show that it is precisely such relations that

determine the degree and extent of its criminality. Methodology. The author used historical and political

economic analysis. Results. Three periods can be distinguished in the development of the institution of

insolvency in Russia: nationally distinctive, enlightened absolutism, and post-Soviet. In the first period in

Russia, there was an institution of enslaved servitude, which was incorrectly identified with bankruptcy. The

tendency towards the enslavement of peasants and servants caused a host of undesirable consequences,

including the ruin of taxpayers, flight from debts, and riots, which led to the policy of state restriction of the

interests of creditors. The institution of bankruptcy comes to Russia from the West during the Petrine and postPeter era and finally takes shape during the period of enlightened absolutism. The attitude towards debtors

clearly follows the political line determined by the autocracy. Opposition to the criminal bankruptcy of

individuals was most fully embodied in the Criminal and Correctional Penal Code of 1845. It was determined in

three directions: recipients who violate loan rules; to attorneys, certifying the obligation both to the

bankruptcies and insolvent persons themselves, as well as to persons involved in bankruptcy. The post-Soviet

period begins with the restoration of capitalism, and in artificial form. The natural course of development of

capitalism spans more than one century. In Russia, it was recreated in three decades. As a result, an economic

model is created that is far from the classical one. The differences are in the degree of its criminality and

criminogenicity. The institution of bankruptcy plays a significant role in creating the modern Russian model of

capitalism, and from this point of view, three periods can also be distinguished in its development, in each of

which specific political goals are highlighted: 1) the destruction of the socialist economy; 2) the initial

accumulation of capital; c) regulatory settlement. Conclusion. The bankruptcy institution is actively developing

when economic relations are criminalized. In Soviet times, bankruptcy as an institution was not in demand,

since socialist economic relations were not needed in it. This indicates that the economy under socialism was

the least criminalized, since the institution of criminal bankruptcy is needed under capitalism, the nature of

which was initially criminal. A planned economy excludes bankruptcy of the enterprise, and the main principle

of socialism “All for the good of man!” makes it almost impossible for a person to fall into legal economic

dependence.