Mutsalov Sh

k.yu.n.dots

Head of Department

criminal proceedings

and Criminalistics

CSU

Historical and legal insight

in the analysis of the criminal legislation of Russia

in the field of banking.

Public and academic interest, reflected in recently to the problems of crime in the area of banking practice identification and discovery of new species and forms of abuse that exist in the monetary system, we believe, is not accidental. The difficulties of the transition period and the flaws in the formation of market relations create favorable conditions for all kinds of crimes and financial frauds. With the increasing role of finance and credit the most dangerous manifestations of economic crime are increasingly moving into the sphere of banking activity in Russia. For example, only for the period from 1997 to 2003, at the facilities of the banking system in the Russian Federation committed over 92,000 crimes.

Understand the nature and content of crimes committed in the area of banking, it can only be based on comprehension and understanding the laws of development and functioning of these negative phenomena in the monetary system. In this regard, the publication of historical past years give a fairly complete picture of the banks' activities since their inception to the present day, about changes that occurred before and is now taking place in the banking sector in Russia. Outlined moterialy contain information about the formation of theoretical positions and specific lrakticheskih solutions, methods, and experience in managing credit and financial sistemomi in different historical periods. Introduction to the historical past is extremely important at a time when the reform of the banking system is in a critical phase, steps are being taken to address the causes and mustache-ditions, to the commission of the credit and financial abuse. Therefore, it would be wrong to argue that crimes committed in the credit and banking sector - exclusively modern phenomenon.

It is known that the emergence of banking activities began with a medieval northern Italy changed. The word "bank" comes from the Italian "Vanso" - a bench, so-called money-changer's shop, where all the monetary transactions. However, the mere appearance of individual credit institutions, which have a clientele a variety of services for receiving deposits and lending, does not give grounds to speak about the formation in a particular state of the banking system. The banking system - is internally organized, interconnected, united by common goals and objectives of a set of credit institutions of the state. It develops when along with conventional (commercial) banks appear central banks that act as control of the banking system.

History of formation and development of the system of legal regulation of the banking sector is very rich and multifaceted. We believe that the accumulated historical experience deserves to not only be perceived organically modern legislator, but also become a valuable source of continuity of traditions for domestic entrepreneurs, banking and civil servants.

The first attempts of origin of banking in Russia can be attributed to the middle of the XVIII century, 13 May 1754 the Governing Senate in St. Petersburg and Moscow were established banks estates of two types: the State Loan Bank and the Bank for the nobility as amended for the St. Petersburg port and commerce merchants. However, the activities of these institutions pervyh.kreditnyh not live up to expectations of the government. State-owned capital issued by banks, were distributed in the first years in relatively few hands, which remained and Dena; landlords not only returned the money in time, but for the most part not platily and interest; STATUTORY sale of overdue mortgages actually been applied; correct accounting absent; reports to the Empress, is only about.

In these circumstances, bank staff could not refrain from abuses that nonetheless opened, as a result of the Bank as amended at the St. Petersburg port and commerce merchants have repeatedly deprived of independence and was placed under the authority of the Commerce College. The unsatisfactory situation in the banks is reflected in the order of Emperor Peter III of 26 June 1762 which noted that "established for the nobility and the merchant banks ... have to serve the whole society of helps, but we know that the investigation is very small and consistent with the intent bank money remained for the most part in the same hands for once handed out at the beginning. Wherefore we order: distributed in cash in a loan deferments more to do, but onyya must collect and forward to our further decree. "

Thus, among the first of offenses committed in the Russian banking system, include abuse of bank officials related to credit operations, as well as non-return borrowers obtained loans on time and failing to pay interest on it.

The period of occurrence in the Russian banking system itself could be seen in the second half of the XIX century., When the Russian Empire began to take shape the credit system, characteristic of the capitalist economy. Existed for a century feudal state-owned banks did not meet the needs of economic development and to the middle of the XIX century. become a serious obstacle to the development of trade and commercial relations. Gradually the central link of the credit system are private commercial banks. In the mid-60s. the last century there is a rapid growth in the number of joint-stock banks, and to replace boom in the railway shares comes speculation banking stocks.

It must be said that the first private credit institution in Russia - St. Petersburg Credit Society - opened in 1861, and in 1864 - the first private commercial bank. As many studies show, "in Russia at that time there was a well-organized system of government control over monetary circulation and banks, which in no small part to ensure that their laws."

The process of developing this kind of activity in Russia took place quite rapidly, and by 1 January 1898 in Russia there were more than 511 institutions of short- and long-term loan to the 461 office. All of them acted on the basis of regulations approved by the government, determined not only by the allowed range of business activities, but also the procedure for reporting. As established at the time the rules of banking institutions were fishing periodically publish in the government and other newspapers information about the state of their balance sheets, including the results of its own annual activity.

With the increase in the number of banking institutions and a growing number of so-called banking processes. The increasing complexity of relations in the field of banking activities dictate the need to develop adequate criminal legislation to appropriate regulation unlawful economic behavior on the one hand, and the creation of complex guarantees for bona fide business entities - on the other.

Proof of this is the first banking crisis that erupted in 1873, which was due to increased competition: trying to get the money, the banks were to increase interest rates on deposits, but did not get to cover them sufficient profits from commercial and industrial operations. To save the previous dividend increased interest on loans, which often leads to the loss of regular customers. The banks had to lend to enterprises, promises great benefits, and it greatly increases their risk.

With the development of the Russian banking system, expanding the range of operations carried out by credit institutions and increase their clientele growing number of various types of offenses related to the violation of the order of the banking activities. Among them stood out the abuse of officials and officials of public lending establishments, as well as officials of public and private banks: forgery when loan from the state, public and private lending institutions, illegal actions in the issuance of loans and deposits, bribes, extortion. There are new types of offenses related to the development of the securities market. In particular, quite widespread abuse with the bills: the production of counterfeit notes and their subsequent presentation to the collection or payment of goods, fake banking signature on the instrument. Among the new types of banking crimes include violations of bank secrecy, opening a private bank without permission or without compliance with the government's statutory rights.

History of the development and functioning of the credit and financial system of pre-revolutionary Russia indicates that the banks are seeking to obtain the maximum profit. Ultimately, this fact will inevitably come into conflict with the needs of development of the productive forces of society. Moreover, in pursuit of high profits, they (banks) are often violated reasonable border lending and investment, thus contributing to the strengthening of uneven economic development and the deepening economic disparities. Greed pushed the bank's clients on financial fraud and crime, which often became accomplices and the bankers themselves. The development of credit and equity of the case gave rise, in Marx's words, "a new variety of parasites in the form of spotlights, the founders and the purely nominal directors, produces a whole system of deception and fraud in relation to the foundation, the issue of shares and share trading." It is this kind of unfortunate pattern could be detected on the pages of the capital's newspapers and magazines, which mostly indicated that the larger banks, the more thefts of depositors and the so-called banking processes.

Thus, St. Petersburg, Tula Bank issued a loan for a house at the rate of `130 thousand. Rubles, and the house was sold for only 15 thousand. Rubles. Witnesses indicated that "evaluation of the property, contrary to the charter of the bank, are not made by all members of the evaluation committee (in the Protocols of the signature of only two evaluators)." To evaluate the protocols are not accompanied by a document reflecting the real (market) price of real estate and ste-stump her return (copies of contracts and other conditions). Auditor Bank tried to insist on the dissenting opinion of the audit, but was immediately expelled from the audit committee as its chairman (member of the board of the bank).

The most capable partners from simple theft atsionerov organizers in order to encourage the translation Evaluation Commission members, and the latest - a member of the audit committees or as members of the board of the bank. In some banks, only 10% of profits going to the reserve capital, and 90% "were spent on his hands": solid payments to appraisers, members of the Audit Commission and others. But even large sums unduly paid to directors and key employees of the bank. And these benefits are accrued even when the bank has worked with big losses.

In connection with the receipt of numerous complaints to the Ministry of Finance to participate banking houses and offices in exchange speculation, which led to the bankruptcy of some of these credit institutions, it was decided to subject them to strict control. Evidence of this is the collapse of the Commercial Loan Bank in Moscow (1875). Large public outcry and led to bankruptcy in 1889. Kahn banks in St. Petersburg and in Moscow Musatov involved in trafficking of winning tickets in installments of loans. This was found not so much negligence as untidiness bankers that caused the Ministry of Finance to take drastic measures.

But despite such a vigilant monitoring by the government for the banking sector, one of the links of the credit system - banking houses and offices - in fact, managed to escape from custody authorities. By the end of the XIX century. Russian law does not distinguish between the banking and trade institutions. As members of the bankers and merchants had to buy guild certificate. Therefore, they often acted under the guise of trade houses, avoiding many of the instructions and orders of the Banking Act.

Thus, the most common crimes in the bankers' institutions were: the participation of banking houses and offices in the stock exchange speculation by customer deposits; raising funds through public misrepresentation of future income; abuses in lending and circulation of bills; abuse arising from combining public service with participation in joint-stock companies.

Tracing the evolution of the national criminal law legislation. relating to a given economic sector, including especially significant from our point of view, the regulations would like to mention the Penal Code penal and correctional Russian Empire. His "About violation of the Charter of trade", "On Crimes and misdemeanors against property", "On Crimes against property and income of the Treasury" includes provisions aimed at protecting the banking sector from criminal attacks (fraud, making illegal gifts, bribes and extortion; incorrect and malicious acts in the production of loans, issuance of deposits; the loss of forms; violation of the secrecy of deposits). It should be emphasized that it was here were laid the basic legal structure of responsibility for crimes in the sphere of banking relationships that exist now and in the Criminal Code of the Russian Federation. For their understanding and conduct parallels with the current law consider it appropriate to consider in more detail some of the rules contained in this document.

It is quite remarkable that in this the Code (as amended in 1866) has already been provided criminal liability for abuse of administrative personnel, a crime recognized bankruptcy. In Art. 1665 dealt with the deception and fraud.

So, among the legislator illegal activities related to the deliberate bankruptcy. Rich judicial and legislative practice of pre-revolutionary Russia has developed very precise criteria for delimitation of the jurisdiction of insolvency. Necessarily a review of cases in the criminal court, civil court if detected signs of malicious (intentional) bankruptcy. As well as the basic and modern bankruptcy law, the law of the time, as a rule, excluded the possibility of achieving "world" between the debtor and creditor after the commencement of insolvency proceedings. A distinctive feature of the pre-revolutionary insolvency law was the fact that the court had the right to start insolvency proceedings, even without any request or complaint of creditors, as practiced hiring surrogates and as creditors with the aim of harming the actual lenders.

The law makes a clear distinction between bankruptcy through negligence and malicious (intentional), which served as a starting point for differentiation of responsibility. Cases of negligence cases bankruptcy is a private prosecution.

One of the provisions allocated by the legislator in a separate article Legal Code provides for liability for illegal extraction of benefits by theft or destruction of any documents, thus emphasizing the distinction between the nature of this type of crime and theft.

The circular of the Minister of Justice a lot of attention was paid to qualifying elements mentioned standards. The most interesting, in our view, include the following:

• must take into account the abduction or killing of any document and proof of employee any proprietary rights;

• the destruction or stolen documents taken into account if the perpetrator was guided by mercenary motives;

• When unlawful misappropriation document the judicial authority shall be guided by the circumstances of the transaction are not civil in which the document appeared, but purely criminal law signs of the offense;

• theft of the relevant documents should vary according to the method of ownership as well as for the qualification it is a way of taking possession of the property value.

Among the offenses concerned and cases of theft committed its own IOUs to creditors holding them to secure the loan.

Another rule The Code provides for liability for the actions related to the acquisition of property benefits by fraud. Such actions include reducing the value or seizure of property that previously belonged to the bankrupt, but in connection with the arrest of the property (in order to redress the lender), who was in his time conducting. In other words, if the right to the property owned by a lender, but it is taken, according to the Legal Code osechennoe act was classified as fraud. In those cases where the debtor's property by the court is not yet officially been subjected to the inventory, such as fraud actions are not recognized, but the deal will be void.

However, these cases are by no means an exhaustive list of acts for which the lawyers at the time of the verdict of fraud had taken place. The most common method of fraud is the manufacture of parts of different banknotes, but of higher value with its subsequent sale.

All These circumstances suggest that the legal doctrine enshrined in the Code of 1845, and is now very urgent. Further comparative analysis leads to the conclusion that the great similarity of dispositions of certain provisions of the Legal Code and the Criminal Code in 1996, for example, by fixing the responsibility for opening a private bank without proper authorization, as well as for forgery in the loan from the state, public or private credit institutions .

To illustrate this statement seems necessary to give a number of differences from the fraud embezzlement, marked another pre-revolutionary lawyers.

1. Fraud - the abduction of another's property by fraud, misappropriation may be implemented through the holding of another's property transferred to the subject as a result of the trust of the owner.

2. Assignment of money, though sent by the owner is not guilty as a result of any civil transactions, and by fraud or by misrepresentation, fraud is, and not just a failure to comply with a civil contract.

3. Removing guilty for themselves money came from other people's property, illegally held by the deception, which were made illegal appropriate preparation, without which the fraud was impossible, falls under the concept of fraud.

A special place in the Code was given responsibility for the crimes related to mental or physical violence to obtain property rights or consent to any bad deal on this property. The subject of review here is someone else's right to property or liability for it, as opposed to direct attacks on the property itself. Indeed, the problem of interpersonal relations may well arise in the process of resolving the issues of civil rights in the various types of transactions where the actions of one of the parties destroy the civil nature of the relationship and translate them into the area of criminal law. The essence of the rules was to detail Code is liable for fraud, not only to the immediate transfer of the property, but the deals that must be in a written form; for action designed to bail the same property in different credit institutions.

As you can see, the law of that time drew a parallel between fraudulent activities in the implementation of the pledge and fraud, where the main defining feature is the very nature of the actions of the commission of the collateral. Among the illegal cases were assigned as collateral real estate one of the owners without the will and consent of the other.

I should say that in the comments to the Code has repeatedly pointed to the maximum to ensure civil law legislation actually all kinds of contracts, based on free agreement between the parties. The only exceptions are agreements aimed at achieving the objectives prohibited by law.

Until 1893 for usury Ulozhenie not pursued, but, since the deadline, regardless of the form and content of the agreement on the terms of transfer of money to the growth of this act was criminalized. Act of May 24, 1893 established two kind of offense of usury - rural and money. The latter, in turn, further divided into two types: total cash usury, and usury on the part of those involved in the issuance of capital loan. Last of the crime suggested conditions: the perpetrator belongs to the number of persons involved in the issuance of financial assets in loans; excess of 12% per annum on the loan; the hidden nature of usury. Besides this, it may be noted also that the Act of 24 May 1893 the act represented as a set of several successive acts, each of which forms a separate category of offense and belonged to the continued crimes.

It became commonplace fraud in banks and joint-stock companies. Addressing the public prosecutor on one of the criminal cases of abuse in the Saratov land bank, A. Koni said: "... Calmly and fearlessly are some bank and train dealers, ruining, by all the rules to double and triple accounting, trusting and obedient and downtrodden alien cause of the majority of shareholders. " The excuse is often accused the bankers referred to, as a rule, that all their activities are conducted "without selfish ends, without fraud, deceit and collusion with the pledgor; It is not a criminal offense, but simply act careless, unreasonable. "

In turn, bankers institutions advocates have argued that strict controls, reporting deter their clientele and give it into the hands of usurers. As a result, the Ministry of Finance did not even have a full list of all the banking houses and offices.

Due to deficiencies in the business of credit institutions (in particular, the widespread abuses by their officials) April 5, 1883 adopted the Law on amendments to the rules of open joint-stock commercial banks. Thus, according to changes in the amount obja-gations Bank limited 5x the size of its own capital (instead of the previous 10-fold). The loan to one borrower has been limited to 10% of fixed capital of the bank; It establishes that a person holding an administrative position in the bank, no longer had the right to occupy a similar position in any other credit institutions; no person could be placed on the General Meeting of shareholders by more than 10% of all votes. In addition, the government has been established banking supervision in the form of audits at the request of shareholders representing at least 1/5 of the share capital. The new legislation is also entitled to the Minister of Finance in consultation with the Minister of Interior to appoint the audit in banks.

But there is still a big problem is the urban public banks: some of them in the pursuit of profit do highly risky financial transactions, other steel pocket Bonk local influential people, and others, for whatever reason are on the verge of bankruptcy.

For example, the results of activity of the institutions of savings and loan banks can be seen in the reports of inspectors small credit. They noted the following: "Taking into account that the booths, in general, have been issued loans amounting to more than a million rubles, the resulting cash registers profit can not be considered large. This is explained by the fact that cash charge on loans to low interest rates: 10% 2 offices, 1 Booking 9% 6% 32 cash. While the deposit paid quite high (4 to 6) interest. In 1913 he was made Zabludovskii hand, escaped to the United States Treasurer, embezzlement in 1900 rubles, and a ticket office (Peskovskaya, Vaukavysk district) suffered from a fire under very suspicious circumstances. " In another case, an audit of the Moscow International Trade Bank, which is headed by Lozari and Yakov Polyakov revealed that Lazar Polyakov practically without funding decisions of those or other transactions, loans were given without specifying the period of return and security, and most importantly - own funds Polyakovs to offset the loss to shareholders and investors, no.

Generally speaking, the activities of many banks, joint-stock and insurance companies began with imaginary profits and, of course, with false documents that reflect it. Often, the same person was involved in the management of several lending institutions. For example, the chairman of the association bought Lopatinskii credit for their shareholders very expensive agricultural equipment with at Sergach land offices, where he also served as chairman. Often, the criminal cases against the leaders of banking houses and lending institutions stopped by typical for the time base: according to the article. 277 of the Charter of the criminal proceedings "for lack of evidence of a crime under Art. 1154 and Art. 1155 of the Penal Code, in the absence of precise instructions to malicious wrongdoing. "

It should be noted the fact that while legal scholars conducted a lively discussion on the problems of the above-mentioned regulation of wrongful acts. Thus, proponents of breach of trust was considered that the establishment of rules on liability for fraud and theft in the criminal law protection of the contractual relationship is not enough. However, they proceeded from the fact that the essence of the crime of theft is in secret uncompensated seizure of the property of another person, and for fraud is characterized by the abduction of the property by deception. In the case of transfer of rights to another person to manage and dispose of another's property owner's interests need to be protected because the person authorized to do so often abusing the powers granted to him, and this is detrimental to the owner due to the fact that the abuse of authorized persons remain outside the sphere of criminal legal effects, these scientists proposed to criminalize the abuse of this kind, which was proposed to name "breach of trust".

As a result, on the basis of research conducted by scientists at the time, they have been developed and introduced a number of new standards in the criminal code in 1903, including penalties for malpractice, but the actual effect is not The Code entered. It should be noted that if the Code of 1845 contained a separate chapter on "Violation of regulations on credit" aimed at protecting credit and financial relations, the criminal code in 1903 all offenses reflected, but - in the different chapters. In addition, it contains a lot of new compositions, taken in connection with the extension and modification of the financial sector. Although many characteristics Criminal Code of 1903 is very similar to the Legal Code in 1845, but in the analyzed composition of the new Code is there a number of aggravating circumstances: a repeated offense, a crime in the community (participation), significant harm, significant damage, combined with other abuse. For crimes includes: imprisonment, reformatory, hard labor, arrest, fines, denial of the right to maintain the banking institution.

In the scientific literature of the past years on the problem of crime in the banking sector, much attention is paid to the issue of combining public service with participation in various joint-stock companies.

Beginning in 1860 passed moonlighting in Russia threatening character. Senior officials of the Ministry of Finance were invited to shareholders for the opportunity to receive future loans of state banks.

All sorts of severe restrictions in the activities of public companies have caused the desire to circumvent the law and with the help of part-time workers to achieve a variety of benefits, which led to massive abuse.

The difficulty of combining the ban was that it greatly restricts the right of private property, that is. E. The right to manage their capital invested in the corporation. However, December 3, 1884 the Emperor signed an edict - "Regulations on the procedure of combining public service with participation in trade and industry associations, as well as in public and private credit institutions." Thus, for more than 100 years ago it was made a kind of attempt to overcome the legislator elements of corruption in the higher echelons of power and criminalizes government officials and officials for violations of banking relationships.

Extremely important were the provisions of Sec. 12 of the Penal Code and Criminal Corrections 1885 "On the contrary to the provisions of the loan." Provides for liability for the opening of a private bank without permission or without compliance with the government's statutory rights (Art. 1152), for forgery in the loan from the state and public and private credit establishments (Art. 1151). Banking abuse suffered the same responsibility as officials and officials of public lending establishments, and officials of public and private banks: for forgery and infidelity in the preservation of entrusted their property, acceptance of illegal gifts, bribes and extortion (art. 1154), for the incorrect and zlonamernye steps in the production loans or issuance of deposits to the detriment of the establishment in which they serve (art. 1155). In this appeal the practice of the Governing Senate meant by officials of all those who served in the public and private banks, the duties related to the activities of the bank for cash of its turnover and The management of property belonging to him.

However, in practice Art. 1154 and 1155 were used only in the presence of the alleged act three features - "departing from the charter of the credit institution, the damage to the property and guilty of malice." In the end, "on the one hand, it opens up tremendous space and total impunity for the most desperate adventures and speculation, undertaken in the name of self-interest and blatant departures from the statute, if only they were unsuccessful; on the other hand, any deviation from the letter unimportant statute fails, was to entail the use of harsh definitions of art. 1154 and Art. 1155 of the Penal Code, since any banking operation could be reduced to malicious. And if we understand this vague expression in the sense of self-interest - it can not be denied that in any action the head of the bank could be seen, at least, the desire by varying speculations give myself the benefit, since the success of the affairs of the bank depended on his personal success" .

Particularly provides for liability of officials and officials of public lending establishments, public and private banks for violation of banking secrecy (Art. 1157). This chapter also considered the issue of liability for a fake ticket public credit establishments (Art. 1149), public and private banks (Art. 1150), forgery and abuse of other bills (Art. 1160). Articles 1163-1168 resolve the issue of responsibility for various abuses associated with the bankruptcy.

Criminal Code of 1903 also contained a number of rules designed to protect credit and banking relationships. For example, Chapter 34 "bankruptcy and usury otherwise punishable by property" contained more than ten articles dealing with this or that acts committed by the debtor in the run-up to or during the bankruptcy. Block entries with 324 minutes for the 333rd described rules violations postonovleny loan. The actions described in these articles have not been provided for in the Penal Code. Their inclusion in the criminal code was preceded by painstaking work of the drafters, the study of new forms of economic life. So, to imprisonment up to six months may be subjected to the face of the public subscription of securities on behalf of not permitted to open a trading or industrial company or partnership.

The norms of Chapter 29, "On the disclosure of secrets," describes the different cases of disclosure of information classified as secret. For example, in Art. 544 said about disclosure of secrets in the credit spuzhaschim setting, the actions pursued regardless of the damage occurred, followed ottakogo disclosure (for reference: the modern Russian criminal legislation provides for such responsibility only if there is serious injury). Many new crimes in the sphere of banking activities in varying degrees, have been associated with fraud, whereby proposed to apply in such cases the provisions of the articles of fraud.

In addition, in 1906, head of the Department 13 of the Penal Code was amended block rules on liability of landlords and bankers institutions are exchange shops for the production of illicit transactions prohibited by law committing transactions for the purchase and sale of the gold standard, and similar values in gold currency.

The main act of this period, the bank can safely assume the Act of 29 April 1902 on the consolidation of the activities of private banks, which limited the size of long-term lending institutions issued loans urban 1/3 of the total number of loans. Many provisions of the Law concerned the joint-stock commercial banks (for example, members of the boards of banks, business manager and other employees of these banks were not allowed to use your bank any kind of loan, significantly simplified the procedure for initiating a minority shareholder request for a bank of government audits, which are now required initiative group of shareholders representing 10% of the votes at the general meeting, and 5% of the share capital).

Thus, the history of formation and development in the Russian credit and financial sector in general and the banking system in particular, indicates that the associated positive processes and negative phenomena that determine economic crime, has always depended on the form of ownership, the economic model of the state, features of legal regulation of social relations the field of money and banking. In this analysis study undertaken by the credit and financial sphere has shown that many of the features of the current state of crime is not something entirely new to Russian. That's why it would be unforgivable not to take into account the historical experience of already existing protection against illegal encroachments on the credit and financial interests of the state as a whole, and individual economic entities, including banks, and an example of an analog of which and can serve as law pre-revolutionary Russia.

Management of the finance department in 1910 celebrated the inability to exercise control over the activities of banking institutions. Quite often, the bank opens isklyuchitelyyu for the purpose of unfair enrichment at the expense of clients. In this regard, at the offices and branches of the State Bank were introduced for the post of inspectors small credit: Inspectors have broad powers: audits "at any time at its discretion"; right to change the composition of the boards and councils of the Association in the event of "disorder or abuse."

So, about the shortcomings in the work of the Grodno Exchequer indicates Circular of the Department of the Treasury, addressed to the manager of the Exchequer, "which took place in recent years, waste to the Treasury amounts of money and stamp marks found with sufficient clarity rather unsatisfactory statement is not only urgent, but the sudden evidence treasuries . Check cash interest-bearing securities in the Treasury made very poorly ... among the reasons due to which slows down the detection of crimes and embezzlements treasury amounts Sped that many of the Exchequer is not checked properly received their acts and statements of evidence treasuries. "

Similar conclusions can be found in the result of the verification of the Minsk Municipal Credit Society in 1904. The losses reflected in the balance of this society, characterized by "excessive loans" issued by some members of society that they were unable to repay. Attempts to recover the debt through the sale of the mortgaged property were unsuccessful. According to SS Ostroumova, from 1909 to 1913 there was a significant increase in violation of the Charter of trading and credit businesses. Violations were expressed mainly in default on loans, resulting in increase in the number of forgeries of promissory notes and other securities.

Much attention in the literature of previous years paid to the problem of combining public service with participation in various joint-stock companies. Senior officials of the Ministry of Finance are often invited to the founders of the future possibility to get credits of the State Bank. All this led to massive abuse and embezzlement of funds, which could not affect the process of formation of a stable credit and financial system.

Conducted a retrospective study of the credit and financial sphere of Russia in the late XIX and early XX century, reveals the typical types and forms of criminal activity in the banking system. However, it should be recognized by the fact that the special forensic research in this area completely absent as criminology as a scientific discipline at this time began to emerge only.

In criminal law, the monuments of the XIX century. It did not contain a single group of economic crimes. However, analysis of the criminal legislation suggests that already acts infringing upon the normal course of its banking activities have been criminalized.

The October Revolution of 1917 not only radically changed the situation in the banking sector, but also adversely affected the rather high level of legal elaboration of legislation pre-revolutionary Russia. Thus, the Decree of the Central Executive Committee December 14, 1917 all powers transferred to the State Bank of the newly created state was declared a state monopoly on banking, began the nationalization of private joint-stock banks and banking offices, banks and other credit institutions.

Further, the development of the banking sector October 7, 1921 the Central Executive Committee adopted a decree on the establishment of the State Bank of the RSFSR, in 1922, it was restored bank consumer cooperatives, created Prombank for short-term credit cooperatives. Then it became "formed society of mutual credit, the main function of which was to regulate the private loan in accordance with the domestic and economic policy of the USSR. By 1926 it was already integrated, dynamic in its development lending network of private capital, whose activity is regulated by the state. On September 1, 1926 on October 1, 1942 the number of mutual credit societies has increased (from 86 to 280), the number of members has increased from 20 000 to 87 200 people, and the consolidated balance sheet has increased seven times. "

Well-known in the history of new economic policy has led to a partial recovery of the old banking system. "In the Soviet Union in those years were carried out the following banking operations: pawn operations, discount (in order of personal usury), contributions to society of mutual credit, contributions to the state credit institutions and savings banks in foreign currency and gold, purchase of government loans, financing of private trade and industry. " "In the conditions of the NEP private entrepreneurs completely free current accounts in banks received loans, including unsecured, simultaneously in two-three banks. The investigation of such cases by the courts to reveal facts of bribes, selfish interest and collusion of businessmen and state employees. "

The major abuses of the time in this sphere were: presentation of fictitious documents on someone else's property to the State Bank to obtain loans without collateral; unfair advertising non-existent companies; smuggling of values in order to evade customs duties; direct theft of credit received.

These and other methods of fraudulent appropriation of another's property is not found direct reflection in the criminal law since the NEP - 1921-1928 gg. In criminal acts of this period, there is no regulation of relations in the banking sector. Criminal Code of 1922 does not contain any elements of crime pertaining to the banking sector, although it has been shown quite an expanded list of crimes of responsibility for the abuse of the right. The Criminal Code of 1926 is the only norm of the head "Other offenses against public order" establishing responsibility for the commission of a person included in the governing body of a cooperative or a credit institution, actions prohibition by law or the charter of the institution.

Subjects of the Russian banking business law gives a large amount of rights. Newfound economic freedom are increasingly provoking them to abuse, participation, and a proliferation of the use of powers of the facts to the detriment of the public interest. The concept of abuse of rights enshrined by the Civil Code of the RSFSR in 1922, would safeguard the civil rights law, except in cases where they are carried out in contradiction to their socio-economic purpose.

In 1926, the Criminal Code introduced significant changes in terms of the question of responsibility for the abuse of power in the sphere of economic activity, increased responsibility for misconduct, including in the field of banking. Similar measures are reflected in the Criminal Code of the RSFSR in 1960, which contained provisions on liability for the abuse of power or position, and this was part of a general and specific types of abuse were contained in the chapter "economic crimes." In the future, there is also a need to improve the criminal law. Significant changes in the fight against the abuse of administrative staff in the sphere of economic activity took place with the adoption of the RF Law "On amendments and additions to the Laws of the Russian Federation in connection with the ordering of the responsibility for the illegal trade." This general rule of liability for the abuse of managerial personnel until 1994 was not.

Criminal Code of 1960 provides for the separation rules on embezzlement crimes against socialist property and crimes against the personal property of citizens. As of December 15, 1993 the Criminal Code contained the article "Seizure of state or public property by deception or abuse of trust" and "Seizure of personal property or buying property by fraud or breach of trust."

In the mid-80s. XX century. Russia is entering the path of economic reform. Entered into force at the beginning of the 90s. legislation made significant changes in the disintegration of the USSR existed before the financial system of the country, giving rise to a qualitatively new stage in the development of this system and its legal support.

Changes and additions to the Criminal Code of 1960, as of July 15, 1994 was excluded from the Code chapter on offenses against socialist property. This concept has ceased to exist. Chapter 5 in the new edition is called "Crimes against property". At the same time the Criminal Code included a section on the various economic crimes, they are also for the most part are reflected in the new Criminal Code of the Russian Federation in 1996 As a reflection of the development of economic relations, legal norms are also changing, becoming more specific. So, in October 1992 Main Legal Department of the Presidential Administration of the Russian Federation, a draft of the Criminal Code, which reflects the 11 offenses on the responsibility for abuses in the sphere of economy. Along with the previously known compositions offer such as lzhepredprinimatelstvo, breach of securities, false bankruptcy. In September 1994, the State Duma introduced a second draft of the Criminal Code contains 14 offenses that establish responsibility for the abuse of administrative personnel. As a result, in 1995, on the basis of the previous two, and taking into account the amendments was developed by a third draft of the Penal Code, containing the 16 offenses of this species.

With the reform of property relations and privatization of the bulk of the abuses in the monetary sphere it was out of criminal law that could not be declared admissible. In order to eliminate the obvious gap legislator introduced into the Criminal Code in 1996 the chapter "Crimes in the sphere of economic activity", which is solved in a new way the question of responsibility for abuse in the field of banking. To study this issue, we look at in the future.

In summary, it should be noted that we have attempted a brief historical analysis of criminal liability for offenses in the banking sector in Russia. The study of sources suggests that the development of economic relations entails an inevitable improvement of the legislation, in a sense, protects the current at this historical juncture stage of economic development. At the same time we emphasize once again the fact that a retrospective analysis of the regulatory framework can be a very valuable material to improve existing legislation.

Shepelev LE Decree. Op. - S. 73.

  Ibid. S. 133.

  See .: NA Danilova, Serov EB Russia's banking system as the sphere of organized crime // St. Petersburg Center for the Study of Organized Crime and Corruption.

  See Volzhenkin .: BV Economic crimes. SPb .: Legal Center Press, 1999, pp 7-15; Tyunin VI Economic crime vsistemedorevolyutsionnogo criminal law (evolution of scientific ideas) // State and right. 2000. № 1 1. P. 73-80; Larichev VD, VV Uleychik The transition to a market economy and the fight against acquisitive crime in the credit and financial sphere // Money and the credit. 1991. № 10. C. 33-38.

  See .: Skoblikov P. Criminal legal security of repayment of debts in the Russian legislation // the Economy and the right. 1999. № 3. C. 46-53; Kochoi SM Responsibility for acquisitive crimes against property. M., 2000, pp 9-36.

  See Tyunin .: VI Economic crimes in the Code of 1903 // Jurisprudence. 2000. № 2. pp 235-243.

  DI amines, Revin VP Crime in the credit and banking sector in questions and answers. M .: Brandes, 1997, p 33.

  NIARB in Grodno, f. 27, op. 1, d. 832, n. eleven.

  Under whose Gruzitsky Yu "in looking" bank? // Finance, accounting, auditing. 2002. № 2. S. 80.

  Ostroumov SS Crime and its causes in pre-revolutionary Russia. M., 1980. S. 69.

  See .: Dmitriev Crimean GN Modern banks and credit in the USSR and abroad. - M., 1924. - S. 31.

  Kondurushkin IS Private capital before a Soviet court. - Leningrad, 1927. - S. 34; cm. also: Yuri Larin Private Capital in the USSR. - Leningrad, 1927. - S. 47.

  Yuri Larin decree. Op. - S. 225.

  Kondurushkin IS Decree. Op. - S. 50.

  See .: Draft Penal Code of the Russian Federation (first) // Special Issue "Law". - 1992, October. - S. 17.

  See., Draft Criminal Code of the Russian Federation (second) // the Russian newspaper. - 1996 - 25 January.