Рядовой полиции

Иванов А. Р.

Курсант 209 взвода

УЮИ МВД России

Crimes in the sphere of credit relations

Direct object of these crimes are credit relationships, based on trust and property relations in the sphere of national economy, in which one party agrees to await the fulfillment of obligations by the other party. They are regulated mostly by the civil law (contractual relationship). System of criminal-legal protection of credit relations includes rules: 1) illegal reception of the credit (article 176 of the criminal code); 2) malicious evasion from repayment of accounts payable (article 177 of the criminal code); 3) the crimes connected with bankruptcy (articles 195 - 197 of the criminal code)[1]. All these crimes undermine public confidence in credit relationships, increase credit risks and the cost of the loan, thereby depriving the national economy necessary for its development resources[2]. In addition, they affect the contractual rights of creditors that are further the object of these crimes. Regulations aimed at protecting the rights of the debtor against the abuse of the creditor (for example, the rules on usury that exist in the criminal legislation of almost all economically developed countries), criminal law of Russia does not know[3]. Illegally obtaining credit (article 176 of the criminal code). Article 176 of the criminal code criminalizes two separate offenses: 1) a loan (or soft loan terms) by deception causing major damage (credit fraud) (1); 2) illegal receipt of the state target credit, and is equal to its misuse, caused large damage to citizens, organisations or the state (part 2). The objective of credit fraud include: 1) the action (the loan or preferential terms of crediting by granting to a potential creditor of obviously false data on economic position or financial condition of an individual entrepreneur or organization); 2) consequence (major damage) and 3) causation. The corpus delicti material. The concept of "credit" in article 176 of the criminal code remains contentious. The General concept of the loan the law does not, this term requires doctrinal interpretation[4]. The word "creditor" used in the civil code to refer to any party's obligation relations, law which corresponds to the duty of the debtor. Actually "loan" to the civil code is devoted to: articles 488 and 489, 500 (payment for the goods sold on credit), article 733 (providing for a contract material the contractor to the customer on credit), § 2 of Chapter 42 of GK of the Russian Federation (Bank credit), § 3 of Chapter 42 of GK of the Russian Federation (commercial and trade credit)[5]. Under the loan in article 176 of the criminal code should be understood as the entry into any contractual obligation the performance of which involves the transmission of ownership to the other party of sums of money (or the things determined by generic characteristics), if the period of performance of the duties under the contract do not coincide (articles 819, 822, 823 GK of the Russian Federation). In particular, the loan will be, for example, obtaining of an advance or pre-payment to assume any obligations, the deferred or installment payment of any goods, works or services. It appears that the delivery of any goods without prior payment may also be considered as a loan if the contract expressly provides for the payment at the time of performance by the supplier of its obligations (e.g. payment term is not defined). Receiving a privileged loan means a loan on terms better than normal credit conditions. Privilege always has a normative character, it needs to be prescribed by the act (at least local). Way of getting credit or reduced credit terms will be a deception, as manifested in the granting to potential creditor of obviously false data on economic position or financial status of a potential debtor. The consequence of crime is a major damage. Major damage in the sum must not exceed 250 thousand rubles (note to article 169 of the criminal code). The damage is calculated taking into account both the lost property and lost revenues (unlike fraud, where the size of the theft is determined by the value of the stolen). When fraud is no credit and will not be, because there is no fact of the c aimed at the entry into the obligation). When fraud liability arises not from contract, and of tort, and damages, as a General rule, is caused in the form of loss of property (due to interest the scammer to pay)[6]. When credit fraud agreement and commitment exist even though the transaction is voidable (the creditor, if he wishes, may in accordance with article 179 of the civil code of the Russian Federation to address in court with the requirement about a recognition its invalid). Thus, in this relationship a contractual obligation is transformed into a tort (the harm caused by the crime) part of unfulfilled obligations and uncompensated losses. The subjective side is of credit fraud is characterised by fault in the form of intent. Essentially, credit fraud implies a deliberate action. The person realizes that misleads potential creditor wants to obtain a loan as a result of fraudulent acts. However, the atypical design of the objective side of the crime - a material composition where the consequences (damage) are not the same with the result of purposeful actions (obtaining credit), lets talk about the indirect intent when committing the crime. The person realizes that misleads potential creditor wants to obtain a loan as a result of fraudulent acts, admits that may cause damage as a result of a failure to perform, or treats it indifferently[7]. The subject of credit fraud - special. This is the head of the organization or individual entrepreneur under the age of 16 years. The law does not provide for the responsibility of other employees of the organization, they can act as organizers, instigators or accomplices. If a supervisor about misconduct by his subordinates did not know - no crime has been committed.

List of references

1. The Constitution of the Russian Federation

2. The United Nations Convention against Corruption (adopted by the UN General Assembly on December 31, 2003)

3. Criminal Law Convention on Corruption ETS N 173 (Strasbourg, 27 January 1999)

4. The Civil Code of the Russian Federation.

5. The Criminal Code of the Russian FederationФедеральный закон от 27 июля 2004 года № 79-ФЗ «О государственной гражданской службе Российской Федерации»

6. Federal Law of July 27, 2004 № 79-FZ "On State Civil Service of the Russian Federation"

7. Federal Law of May 27, 2003 № 58-FZ "On the public service of the Russian Federation"