Problems of Qualification of Fraud in the Field of Lending
( Pp. 155-158)

More about authors
Rashid A. Sabitov
Chelyabinsk State University
Chelyabinsk, Russian Federation Zharov Sergey Nikolaevich Dr.Sci.(Law), Professor, Professor of the Department of Theory and History of State and Law
Chelyabinsk State University
Chelyabinsk, Russia Denisovich Veronika Vladimirovna Cand.Sci.(Law), Associate Professor of the Department of Criminal Law and Criminology
Chelyabinsk State University
Chelyabinsk, Russia
Abstract:
The presented publication raises some questions about the qualification of fraud in the field of lending (Article 1591 of the Criminal Code of the Russian Federation). Despite the available explanations of the Plenum of the Supreme Court of the Russian Federation, the problems of legal assessment have not been eliminated, which causes certain difficulties in law enforcement. Due to the blankness of the disposition of the criminal law norm, law enforcement agencies are forced to turn to a variety of norms that allow them to correctly determine the signs of the corpus delicti provided for in Article 1591 of the Criminal Code of the Russian Federation. The authors, based on the available materials of judicial and investigative practice, have prepared some recommendations that allow them to correctly assess the signs of the corpus delicti, which in turn will ensure the fair administration of justice.
How to Cite:
Rashid A.S., Zharov S.N., Denisovich V.V., (2022), PROBLEMS OF QUALIFICATION OF FRAUD IN THE FIELD OF LENDING. Economic Problems and Legal Practice, 6 => 155-158.
Reference list:
The Civil Code of the Russian Federation. Part Two of January 26, 1996 No. 14 -FZ //1996. February 10.
On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation dated November 29, 2012 No. 207-FZ // SPS «ConsultantPlus» (date of appeal: 12/18/2022).
On judicial practice in cases of fraud, embezzlement and embezzlement: Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 27, 2007 No. 51 // Rossiyskaya Gazeta. 2008. January 12. (expired).
Akhiyarov R. Controversial issues of qualification of fraud in the field of crediting (Article 1591 of the Criminal Code of the Russian Federation) // Eurasian Advocacy. 2016. No. 22. P. 37-40.
Stepanov M.V. Questions of fraud qualification (Articles 159.1-159.6 of the Criminal Code of the Russian Federation): textbook. N.Novgorod, 2016.
Chuprova A.Yu. Criminal-legal mechanisms of regulation of relations in the field of e-commerce: dis. ...Dr. yurid. M., 2015. p. 419.
Shutova A.A. Criminal and legal counteraction to information crimes in the sphere of economic activity: theoretical and applied aspects: dis. ... cand. jurid. Sciences. N.Novgorod., 2017. p. 28
Yani P.S. The Plenum of the Supreme Court discussed «digital» fraud [Electronic resource]. URL: https://pravo.ru / (accessed: 02.12.2017).
Hisamova Z.I., Begishev I.R. The history of formation and theoretical and legal approaches to the interpretation of the concept of «artificial intelligence» // Altai Legal Bulletin. -2020. -№ 3(31). -Pp. 31-38.
Keywords:
fraud, embezzlement, borrower, bank, loan, loan, crime, Criminal Code of the Russian Federation, fraud in the field of lending.


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