Phishing as a Threat to Business and the State
( Pp. 279-283)

More about authors
Volkova Olesya Viktorovna Cand.Sci.(Law), Associate Professor, Associate Professor ANOVO
Moscow International University
Moscow, Russian Federation Drozdova Elena Anatolievna Cand.Sci.(Law), Associate Professor, Associate Professor of the Department «Criminal law, criminal procedure and law enforcement»,UI RUT MIIT
Russian University of Transport (MIIT)
Moscow, Russian Federation
Abstract:
Abstract: In this article, emphasis is placed on the relevance of problems related to the threats of fraudulent actions affecting businesses and individual citizens. The situation related to the theft of funds through telecommunication channels is thoroughly examined. A common method of fraud that impacts both businesses and citizens is discussed. The concept of phishing is explained, and the norms associated with criminal law protection of these relations are analyzed. All types of fraud provided for by the Criminal Code of the Russian Federation are studied.
The purpose of this work is to demonstrate the threat posed by fraudulent activity using phishing for businesses and society, and to suggest ways to address these problems. As a result of the research, the authors propose amendments to the resolution of the Plenum of the Supreme Court of the Russian Federation concerning the concept of phishing and all possible methods of fraud at the current stage of development of society and the state. For law enforcement, it is recommended to qualify the actions committed under Article 159 of the Criminal Code of the Russian Federation, as this norm covers the entire spectrum of possible methods. In addition, the authors suggest decriminalizing Article 159.6 of the Criminal Code of the Russian Federation, as it does not reflect the current reality and leads to errors in its application.
How to Cite:
Volkova O.V., Drozdova E.A., (2023), PHISHING AS A THREAT TO BUSINESS AND THE STATE. Gaps in Russian Legislation, 2 => 279-283.
Reference list:
The Criminal Code of the Russian Federation No. 63-FZ of 13.06.1996 (as amended on 21.11.2022). [Electronic resource] URL: https://base garant.ru/10108000 /(accessed: 19.03.2023).
Review of transactions made without the consent of clients of financial institutions, prepared by the Central Bank of the Russian Federation in 2021. [Electronic resource] URL: https://cbr.ru/analytics/ib/operations_survey_2021 / (accessed: 15.03.2023).
Judicial practice Appeal ruling of the Supreme Court of the Russian Federation of July 7, 2022 [Electronic resource] URL: https://sudact.ru/vsrf/doc/0GxZN4G0Ri1Q /?vsrf-txt=article +159+criminal code+rf&vsrf- case_doc=&vsrf-lawchunkinfo=&vsrf-date_from=&vsrf-date_to=&vsrf-judge=&_=166143026399&snippet_pos=1884#fragment (accessed: 20.03. 2023).
Resolution of the Plenum of the Supreme Court of the Russian Federation dated 30.11.2017 No. 48 (ed. dated 29.06.2021) «On judicial practice in cases of fraud, embezzlement and embezzlement» // Rossiyskaya Gazeta, No. 280, 11.12.2017.
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How to recognize the schemes used by fraudsters in 2022: telephone and not only, as well as the newest [Electronic resource]. URL: https://ogon.ru/news/12156-kak-raspoznat-shemy-po-kotorym-deystvuyut-moshenniki-v-2022-godu-telefonnye-i-ne-tolko-a-takzhe-samye-novye - (date of appeal: 20.03. 2023).
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Tsepelev V.F., Tsepelev K.V., Drozdova E.A., Radchenko E.P., Borisov A.V. Violation of economic security in the financial market of Russia and criminal law // Social and cultural transformations in the context of modern globalism. The 4th International Conference on Social and Cultural Transformations in the Context of Modern Globalism (SCTCMG 2021). Volume 117. Grozny, 2021.
Keywords:
phishing, business, fraud, banks, theft, Internet..


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