scholarly journals Conversion of Cashless Money into Banknotes as a Type of Economic Crime

2019 ◽  
Vol 13 (4) ◽  
pp. 595-603
Author(s):  
Agnessa Inshakova ◽  
Marina Goncharova ◽  
Tamara Makarenko ◽  
Alexander Goncharov
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Code ◽  
Economic Behavior ◽  
Economic Crime ◽  
Commercial Company ◽  
The Russian Federation ◽  
Commercial Organizations ◽  
And Behavior ◽  
Journal Of Business Ethics

The conversion of cashless money into banknotes is described as a type of economic crime. It is proven that such acts should not be qualified as illegal entrepreneurship or illegal banking. The authors examine the elements of these economic crimes. They suggest changing the title of Art. 171 of the Criminal Code of the Russian Federation. They also analyze formal elements of the crime under Art. 172 of the CC of the RF and prove that it has a special category of offender. It is argued that there are no grounds to view the conversion of cashless money into cash as a mock transaction because it is a mistake to think that the transaction does not lead to any legal consequences. The authors show that there is a number of legal facts arising after the conversion of cashless money into banknotes which constitute an actual fictitious deal, although it is not named in legislation. The research is based on the analysis of mainly Russian sources — research publications in legal and economic journals. Besides, the authors have critically assessed the positions of Western legal scholars and economists published in such journals as Journal of Financial Crime, Journal of Economic Surveys, Criminal Justice and Behavior, Journal of Business Ethics, Theory and Decision, Journal of Economic Behavior & Organization. As for the empirical part, they have studied the Decrees of the Plenary Sessions of the Supreme Court of the Russian Federation in 2004 and 2015. Based on the scientific analysis of the constituent elements of the crime of evading taxes, duties, insurance premiums by an organization, the authors argue that the conversion of cashless money into banknotes is carried out by the leaders of commercial organizations with the goal of this criminal evasion. The crime is committed by a group of persons having conspired, as a rule, on a large scale, and is initiated by the head of a commercial company.

scholarly journals THE IDEAL AGGREGATE OF CRIMES STIPULATED BY ARTICLES 168, 264 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

2020 ◽  
Vol 11 ◽  
pp. 37-40
Author(s):  
Evgeniy V. Khromov ◽  
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Criminal Code ◽  
Civil Code ◽  
Road Accidents ◽  
Property Damage ◽  
Legal Assessment ◽  
The Russian Federation ◽  
The Ideal

The issue of criminal legal assessment of the consequences of road accidents in the event of property damage is relevant. Disposition of Art. 168 of the Criminal Code provides for criminal liability for the destruction or damage of another’s property on a large scale, including through reckless handling of a source of increased danger. By virtue of h. 1 Article. 1079 of the Civil Code of the Russian Federation, vehicles are considered sources of increased danger.

ECONOMIC CRIME IN RUSSIA: MAIN TRENDS AND FACTORS

2020 ◽  
Vol 10 (8) ◽  
pp. 1726-1740
Author(s):  
E.G. Moskaleva ◽  
Keyword(s):  
Russian Federation ◽  
Economic Activity ◽  
Criminal Code ◽  
Economic Crime ◽  
Modern World ◽  
Russian Economy ◽  
Irreparable Harm ◽  
Economic Sphere ◽  
The Russian Federation ◽  
Economic Crimes

The article presents the results of studying the level of crime in the economic sphere in the country on the basis of official statistical information from Rosstat and the General Prosecutor’s Office of the Russian Federation. Economic crimes are difficult enough to detect, and the scale of latent economic crime is very large. In addition, the complexity of research in this area is due to the lack of precisely defined and unambiguously interpreted terms: “crimes in economic sphere”, “economic crimes”, “crime in economic field” or “crimes in the field of economic activity”. Summarizing the experience of theoretical and empirical research in this area, the author identifies three approaches to the interpretation of the concept of “economic crime”: legislative (based on the provisions of the Criminal Code of the Russian Federation), departmental and research. The consequences of economic crimes inflict irreparable harm on economic entities, society, the state as a whole, and undermine national security. The systematization of statistical data and the research carried out over a long period of time made it possible to identify the main trends in the situation from the standpoint of criminalization and decriminalization of the Russian economy, as well as to identify regions with an increased level of economic crime. The criminological analysis of crime in the sphere of economic activity has shown that there is an increase in negative trends, and with the development of the economy, it is necessary to strengthen activities to suppress economic crime. The statistical analysis of empirical data and monographic analysis made it possible to determine the most effective, in the author’s opinion, directions of combating economic crime in the modern world.

scholarly journals Efficiency of practical application of criminal law prohibition in the sphere of economy of the Russian Federation

2019 ◽  
Vol 2019 (4) ◽  
pp. 118-123
Author(s):  
Vladimir Tunin ◽  
Natal'ya Radoshnova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Practical Application ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Economic Crimes

The article considers the practical effectiveness of the criminal law prohibition in combating economic crime in the Russian Federation. 22nd Chapter of the Criminal code currently includes 58 articles. This is maximum number of articles in relation to other chapters of the criminal code, in the same Chapter of the Criminal code. Accordingly the need for such a number of prohibitions in the economic sphere should be confirmed by judicial practice. However, a completely different picture emerges. Based on the analysis of the statistical reports of the Judicial Department under the Supreme Court of the Russian Federation, the authors conclude that the enforcement practice in cases of economic crimes is insufficient.The authors express their opinion on the reasons for the ineffectiveness of the practical application of the articles constituting the 22nd Chapter of the Criminal code of the Russian Federation, and suggest ways to address them.

scholarly journals Calculation of the Amount of Damage Caused by Deliberate Bankruptcy (Article 196 of the Criminal Code of the Russian Federation)

2021 ◽  
Vol 1 ◽  
pp. 47-51
Author(s):  
Anna A. Korennaya ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Moment

The article discusses the issues of determining the amount of damage from premeditated bankruptcy in several aspects: 1) establishing the structure of damage 2) establishing the value 3) determination of the end of the crime by the moment of causing damage on a large scale. Based on the analysis of the doctrine of criminal law and the practice of applying Art. 196 of the Criminal Code of the Russian Federation, the author sets out his own conclusions, the use of which in law enforcement practice will minimize errors in the qualification of deliberate bankruptcies.

Legal Regulation of Prohibition of Discrimination in Criminal Legislation of Russia and Moldova

10.12737/5505 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 93-102
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Equal Rights ◽  
Constitutional Principle ◽  
Official Position ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the legal measures to combat discrimination in the criminal legislation of the Russian Federation and the Republic of Moldova. Such a problem as regulation in the criminal law of antidiscrimination is active a large scale. In the Russian criminal legislation important legal guarantee the constitutional principle of equal rights and antidiscrimination is article 136 of the Criminal Code of the Russian Federation (Violation of equality of rights and freedoms of man and citizen). Meantime, as illustration the analysis of international antidiscrimination standards and trends to expand of these prescriptions in the legislation of CIS states, this criminal norm is far from perfect. The liability for discrimination can not be treated in direction with the commission of using official position. In our view, preventive legal prohibition in the article 136 of the Criminal Code of the Russian Federation will be significantly enhanced if to ask: 1) the return of criminal liability for discrimination of any individuals; 2) criminalization new aggravating circumstances.

scholarly journals Legislative and textual approach to notes articles of chapter 22 of the Criminal code Russian Federation

2020 ◽  
pp. 161-168
Author(s):  
Alexandra Sitnikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Economic Crime ◽  
Special Part ◽  
Textual Approach ◽  
The Russian Federation ◽  
Instrumental Methods ◽  
Theoretical Foundations

The purpose of the work is to develop provisions that constitute the theoretical foundations of the legislative textual approach to remarks as normative texts that supplement, concretize or clarify the texts of articles of the Special part of the Criminal code of the Russian Federation. Methodology. As a methodological basis, we used the dialectical method of cognition, which, in combination with instrumental methods of research, allowed us to obtain new conclusions. The main results: 1) the notes to the articles of chapter 22 of the Criminal code of the Russian Federation are specialized criminal law provisions; 2) the legislative textual approach makes it possible to classify them into notes-definitions, notes-clarifications, notes-exceptions and calculative notes; 3) notes are one of the instruments of criminal law policy. Conclusion. The criminal law prescriptions formulated in the notes to the articles of chapter 22 of the Criminal code of the Russian Federation establish in criminal law definitions of criminal legal categories, specify cost attributes, disclose the content of value attributes, and provide the law enforcement with rules for calculating the value of items of economic crime.

scholarly journals Delimitation of frauds in the sphere of crediting (Article 1591 of the Criminal Code of the Russian Federation) from illegal credit receiving (Article 176 of the Criminal Code of the Russian Federation)

2019 ◽  
Vol 2019 (2) ◽  
pp. 124-130
Author(s):  
Екатерина Алёшина-Алексеева ◽  
Ekaterina Aleshina-Alexeeva
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Crime ◽  
Legal Analysis ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Enforcement Activity

The main criteria of differentiation of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation are considered in the article. The scientific and theoretical relevance of the subject is covered in the literature. In the present article the author delimited, in her opinion, illegal credit receiving from fraud in the sphere of crediting. The research objective is to formulate specific proposals concerning the solution of the problems of qualification of the crimes provided by Article 159.1 of the Criminal Code of the Russian Federation from Article 176 of the Criminal Code of the Russian Federation connected with their differentiation. The research methods used are: the analysis of theoretical literature and judicial and investigative practice, the comparative and legal analysis (features of the criminal liability regulation according to Article 159.1 of the Criminal Code of the Russian Federation and 176 of the Criminal Code of the Russian Federation), monitoring of the printed and electronic media material. The author focuses attention that fraud in the sphere of crediting cannot be considered as an economic crime in the sphere of crediting based on the revealed signs. Elimination of the qualification problems is suggested by means of adopting the resolution of the Plenum of the Supreme Court of the Russian Federation which will contain the main explanations on the studied criminal actions. The practical value of the work consists in the possibility of its use in a law-enforcement activity in qualification of the crimes provided by Articles 159.1 and 176 of the Criminal Code of the Russian Federation and besides, while teaching of the Criminal Law.

scholarly journals Illegal cash withdrawal: theory and practice of lawyers

2020 ◽  
pp. 135-140
Author(s):  
Gennady Nasimov ◽  
Samir Aliev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Theory And Practice ◽  
Banking Activity ◽  
Legal Nature ◽  
Special Scientific ◽  
The Russian Federation

Today everyone knows about cashless funds: children and adults, poor and rich, criminals and law enforcement officers. Non-cash funds are of special scientific interest in the context of their illegal cashing out: cashing schemes; identification and investigation of this fact; qualification of the deed. The authors of this article set and achieved the following tasks: 1) to reveal the concepts of “banking activity”, “banking operation”; 2) study the legal nature of illegal banking; 3) on the basis of personal advocate practice, reveal the mechanism of illegal cash withdrawal; 4) to consider the issue of subjects of illegal banking and illegal cash withdrawal; 5) on the basis of the analysis, propose the option of the correct qualification of illegal cashing. The authors came to the following conclusions: 1) the qualification of illegal cash withdrawal under article 172 of the Criminal Code of the Russian Federation is erroneous; 2) the actions of the “cashier” associated with causing the company or the state major damage (large-scale extraction of income) must be qualified under article 171 of the Criminal Code of the Russian Federation. This article will be useful to individuals studying the disciplines “Criminal Law”, “Fundamentals of the qualification of crimes”, “Criminology”, as well as scientists and practitioners in qualifying the considered criminal phenomenon. In addition, the publication supplements scientific research in the field of criminal law and criminology.

scholarly journals Socially Dangerous Consequences in the Norms on Economic Crimes: Problems of Recognition in the Law

Lex Russica ◽  
2020 ◽  
pp. 53-63
Author(s):  
A. N. Kameneva
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
The Russian Federation ◽  
The Law ◽  
Extent Of Damage ◽  
Economic Crimes

The paper investigates the normative regulation of socially dangerous consequences of economic crimes set forth in Chapter 22 of the Criminal Code of the Russian Federation. A legislative structure of economic crimes is rather heterogeneous. Some of them are determined as formal (registration of illegal transactions with real estate — Art. 170; illegal organization and conduct of gambling — Art. 171.2, etc.); others are defined as economic (illegal obtaining of credit — Art. 176; abuse of securities issue — 185, etc.); and the third are defined as formal economic (illegal entrepreneurship — Art. 171; restriction of competition — Art. 178 et al.).The paper analyzes the negative aspects of including the criteria characterizing socially dangerous consequences in the norms-notes to Chapter 22 of the Criminal Code of the Russian Federation, determines the significance of criminological peculiarities of economic crimes in determining the extent of damage caused by economic crimes of different types; the influence of the nature and amount of damage established in the law on the exemption from criminal liability for the commission of economic crimes.It is concluded that a law-maker needs a more uniform approach to determining the types and sizes of consequences caused by economic crimes (types should be, as a rule,” economic”, and the size should be the same for all the crimes) and to the placement of quantitative indicators of consequences (in the note to Article 1 where sequences are specified); to achieving compliance with the rules of differentiation of responsibility in the construction of basic and qualified crimes (large and especially large scale of consequences should be indicate only for the latter); to imposing "unfavorable” sanctions from the point of view of the legal consequences of economic crimes, and, on the contrary, to giving a “favorable” character to the exemption from criminal responsibility under Art. 76.1 of the Criminal Code of the Russian Federation in comparison with the specified sanctions.

scholarly journals The Object and System of Medical Criminal Law

2019 ◽  
Vol 13 (5) ◽  
pp. 816-824
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Large Scale ◽  
Health Workers ◽  
Criminal Liability ◽  
Research Problem ◽  
Criminal Code ◽  
Wide Sense ◽  
The Russian Federation ◽  
Objective Side

The issues of criminal liability of health workers for physically harming a patient during medical treatment were studied by many researchers of the pre-revolutionary, Soviet and post-Soviet periods. In the current century these issues turned into a large-scale research problem giving rise to an enormous number of research publications, monographs and dissertations. The idea of making pharmaceutical criminal law a sub-branch of Russian criminal law has gained momentum and become subject of some research. However, this idea seems to be too narrow at present. The separation of pharmacology from medicine has historically taken a long time, it was connected with pragmatic considerations and had, to a great extent, an artificial character. In this connection, it is possible to use clauses of Art. 41 of the RF Constitution to raise the question of singling out an autonomous group of norms within Russian criminal legislation that together would form a sub-branch of medical (in the wide sense) criminal law. The object of crimes included in this sub-branch can be determined as the constitutional right of citizens to the protection of life and health and to qualified medical help and medical services. Their objective side is characterized by a gross violation of norms and prohibitions set in law and other normative legal acts that should be strictly observed by health professionals in the workplace. The basis of Russian medical law is Part 4 of Art. 122, Art. 124 and 238.1, its supplementary elements are Parts 2 of Art. 109 and 118, as well as Art. 235, 235.1, 238, 230.1 and 230.2 of the Criminal Code of the Russian Federation. Within the framework of the current Criminal Code of the Russian Federation the norms that form medical criminal law are singled out only theoretically. However, in the new edition of the Criminal Code, that should and will inevitably be prepared, these norms should form an independent structural unit as it has been done, for example, in the Criminal Codes of Kazakhstan, Kyrgyzstan and the People’s Republic of China.

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