Methods of Fraud Using Electronic Payment Systems
( Pp. 133-137)

More about authors
Kodzokova Lyatsa Arsenievna Cand.Sci.(Law), Police Lieutenant Colonel, Senior Lecturer of the Department of Law Enforcement Organization of the North Caucasus Institute for Advanced Studies (branch), Krasnodar University of the Ministry of Internal Affairs
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
The forms and methods of theft are improving along with the development of crime. Electronic means of payment such as credit cards, e-wallets, bank accounts and others are becoming their subject. In this category, the first place among thefts belongs to fraud. Electronic payment fraud has become so widespread that it is time for financial institutions to take action. Today, there is no one hundred percent guarantee that cardholders or wallets will not become victims of fraud by criminals. With the introduction of new security mechanisms, fraudsters are adapting to new conditions, while developing effective methods of deception. The specificity of the criminal law norm on fraud with the use of electronic means of payment predetermines the need to establish a method of committing a crime as the main sign of a crime. The purpose of writing a research paper is a criminal legal analysis of ways to commit fraud using electronic payment systems. The author draws a conclusion about the high practical importance of the method of committing fraud using electronic means of payment for the development of effective means, techniques and methods of their disclosure and investigation. When studying fraud with the use of electronic payment systems, the author comes to the conclusion about the variety of ways to commit this type of crime. Of course, law enforcement officers, together with the competent authorities, are constantly fighting against fraudsters. But for more effective work, citizens need to be vigilant, as well as follow a number of recommendations. At the same time, it must be remembered that the methods of deception are expanding, so it is important to pay attention to suspicious nuances when carrying out settlement actions. There are problems of delimiting this composition from adjacent ones, which complicates its qualification, as well as law enforcement practice. They are also caused by the fact that since 2018 the scope of Article 159.3 of the Criminal Code of the Russian Federation has been expanded with the concept of «electronic means of payment». In addition, often, the commission of such crimes is associated with preliminary actions of a technical nature, which are difficult to recognize as criminal. The legislator's attempt to keep pace with the criminalization of electronic means of payment is obvious, but it seems advisable to clarify Article 159.3 of the Criminal Code of the Russian Federation, or to supplement Articles 158 and 159 of the Criminal Code of the Russian Federation with appropriate norms.
How to Cite:
Kodzokova L.A., (2021), METHODS OF FRAUD USING ELECTRONIC PAYMENT SYSTEMS. Gaps in Russian Legislation, 3 => 133-137.
Reference list:
Federal nyy zakon ot 27.06.2011 № 161-FZ O natsional noy platezhnoy sisteme (red. ot 28.10.2020) / Sobranie zakonodatel stv RF. 2011. № 27. St. 3872. St. 3.
Ugolovnyy kodeks Rossiyskoy Federatsii ot 13.06.1996 № 63-FZ (red. ot 05.04.2021, s izm. ot 08.04.2021) St. 159.3. S. 224.
Postanovlenie Plenuma Verkhovnogo Suda RF ot 30 noyabrya 2017 g. № 48 O sudebnoy praktike po delam o moshennichestve, prisvoenii i rastrate // RG. 2017. № 280. S. 3.
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Ivanova O.M., Ivanov M.G.O poslednikh izmeneniyakh i dopolneniyakh, vnesennykh v st. 158, 159.3, 159.6 UK RF // Akademicheskaya mysl . 2019. № 1 (6). S. 48-54.
Malysheva YU.YU. Problemy kvalifikatsii obmana kak sposoba soversheniya moshennichestva s ispol zovaniem elektronnykh sredstv platezha // Monitoring pravoprimeneniya. 2018. № 4 (29). S. 31-33.
Tret yakova E.I. Sposoby soversheniya moshennichestva s ispol zovaniem elektronnykh sredstv platezha // Izvestiya Tul skogo gosudarstvennogo universiteta. Ekonomicheskie i yuridicheskie nauki. 2020. № 1. S. 169-176.
Panfencheva V.E. Osobennosti ugolovnoy otvetstvennosti za khishcheniya s bankovskoy karty // Nauka. Obshchestvo. Gosudarstvo. 2019. № 1 (25). S. 80-86.
CHernyakova A.V. Aktual nye aspekty ugolovnoy otvetstvennosti za khishcheniya, sovershaemye s ispol zovaniem informatsionno-kommunikatsionnykh tekhnologiy // YUridicheskaya nauka i pravookhranitel naya praktika. 2019. № 3 (49). S. 124-130.
SHavaleev B.E. Osobennosti moshennichestva s ispol zovaniem elektronnykh sredstv platezha v strukture sovremennoy Rossiyskoy prestupnosti // Uchenye zapiski Kazanskogo yuridicheskogo instituta MVD Rossii. 2020. 5 (1(9)). S. 36-39.
Keywords:
criminal legislation of the Russian Federation, fraud using electronic means of payment, crimes against property, law enforcement practice, related structures.


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