Historical, Economic, Social and Legal Conditionality for Criminalization of Acts Using Electronic Payment Means

Abstract

The modern world is distinguished by the dynamic development of electronic means of payment. They can pay for almost all existing goods and services. According to the Central Bank, every year the share of payments made with their use in the total volume of non-cash payments of the population grows rapidly. At the same time, the economic and legal nature and essence of this phenomenon have not been sufficiently studied from a scientific point of view. The objectives of this work are: to determine the existing approaches to the concept of electronic means of payment; analize the stages of formation and development of the legislative regulation of Art. 159.3 in the Criminal Code of the Russian Federation and the features of the judicial interpretation of the norm at each stage; establish the sources of problems of law enforcement of the norm under consideration. The methods used in the study are analysis of the scientific and information base, the comparative historical, statistical method, etc.. The methodological and theoretical basis of the study is presented with the legislative acts regulating the concept of electronic means of payment and providing for liability for fraud with them, works of domestic and foreign scientists in the economic and criminal law sphere. As a result of the study, the controversial issues of the concept "electronic means of payment" were considered; identified and analyzed the features of the judicial interpretation of the norm provided for by Art. 159.3 of the Criminal Code of the Russian Federation, depending on various legislative regulations (by stages); the state and dynamics of fraud using electronic means of payment in 2019–2022 were determined; analyzed some determinants of fraud using electronic means of payment; concluded that the problem of enforcement of Art. 159.3 of the Criminal Code of the Russian Federation is associated with insufficient scientific development of signs of a crime, as well as with a lack of legislative regulation of the main categories and recommendations for their qualification. The results of the analysis can be useful in further development of the problem under study, as well as in educational processes.