Protection of banking activity: the criminal-legal aspect

Abstract

The article is devoted to the issues of “large-scale” improvement of special banking, tax and criminal legislation, filling gaps and eliminating contradictions between certain norms of Criminal, Civil and Banking Law. The development of entrepreneurship in general and the capital market in particular requires a radical revision of not only the Criminal Code, but also a coordinated change in the entire block of criminal law regulations. The need to take urgent measures to improve legislation is also due to the fact that the sphere of banking capital has become one of the most criminogenic sectors of the domestic economy. The article examines certain issues related to the lagging behind the formation of a system of legislative support for new monetary relations from the pace of the formation of a free market. The improvement of the capital market requires an integrated approach to the improvement of criminal, banking and tax legislation, the achievement of full consistency, a clear formulation and assimilation of the basic concepts and categories of financial activity, the formation of strong business traditions. The sphere of financial and credit relations, due to the complete absence of legal regulation of new types of activities, turned out to be open to illegal encroachments, in connection with which the author comes to the conclusion that it is necessary to include new articles in the Criminal Code of the Russian Federation aimed at protecting “civilized” entrepreneurs from criminal encroachments. In conclusion, a proposal was made on the need to supplement the criminal legislation with a number of conceptual provisions that ensure the functioning of the capital market and the protection of civilized banking.