Matskevich I.M. Criminal concomitant sides of funeral services

Abstract: The article considers the peculiarities of offences and crimes related to the rendering of funeral services to the population. It is ascertained that the rendering of funeral services is a specific form of entrepreneurship. This activity is regulated by special legislation: the federal law “On the protection of competition”, the federal law “On burial and funeral business”, Presidential decree “On the guarantees of citizens’ rights to burial services”; order of analysis and expertise of the competitive environment on goods markets, established by the order of the Federal Antimonopoly Service of Russia of April 25, 2006 No 108; normative legal acts of local governments, among which the most interesting is the law “On burial and funeral business in Moscow”. The author applies the methods of analysis and synthesis and the dialectical method of cognition. The author ascertains the key features of offences and crimes in the sphere of funeral services. The author proves that entrepreneurship in funeral services is not only a specific form of entrepreneurship, but also a shadow form of economic activity. Therefore, this form of entrepreneurship is doomed to the direct and indirect connection with various abuses and even crimes. At the same time, the Criminal Code contains only one article (244, Outrages upon Bodies of the Deceased and Their Burial Places) which establishes the responsibility in the sphere of funeral services. In all other cases criminal responsibility is imposed on general grounds (official malfeasance, economic crimes). 

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