Юридический анализ составов мошенничества в банковской сфере

Abstract

Based on the analysis of the more frequent cases of committing fraud in the banking sector, the features of the criminal-legal characteristics of the offenses provided for by Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation. It was established that Articles 159.1 and 159.3 of the Criminal Code of the Russian Federation by virtue of Part 3 of Art. 17 of the Criminal Code of the Russian Federation are special in relation to the general rule providing for liability for fraud in general, and therefore they most fully disclose by the legislator the specific and characteristic features of social relations in the banking sector, which are subject to criminal law protection. Attention is focused on those signs, the definition of which is more difficult in law enforcement. Particular attention is paid to the analysis of the direct object of fraud in the banking sector, the disclosure of the content of its objective side, including the method of committing the crime. The subjective signs of fraud in the banking sector are considered. Practical examples of bringing the perpetrators to justice for banking fraud are demonstrated. Based on the results of the study, the author of the work comes to the conclusion that it is necessary to improve legislation in this area, to strengthen the explanatory and law enforcement activities of the relevant subjects of legal relations. In addition, the analysis of judicial practice given by the author in the study emphasizes its controversial nature. In other words, the author supports the theoretical calculations with an analysis of practical features.