Article 11216

Title of the article

PROBLEMS OF DETECTION AND SUPPRESSION OF CRIMES RELATED TO ILLEGAL CASHING
OF MONEY AND PHONY COMPANY ESTABLISHMENT

Authors

Sizov Vladimir Alexandrovith, Candidate of sociological sciences, associate professor, sub-department of justice, Penza State University (40 Krasnaya street, Penza, Russia); head of the Economic Security and Corruption Counteraction Department of the Ministry of Internal Affairs of Russia in Penza region (52 Zlobina street, Penza, Russia), vas-055@mail.ru

Index UDK

34.343.359.2.

DOI

10.21685/2072-3016-2016-2-11

Abstract

Background. Illegal cashing and withdrawal of funds into the shadow sector, in-cluding abroad, are among the most dangerous challenges and threats to financial security of the Russian Federation. The main problem of law enforcement in this ar-ea is the imperfection of the legislation. The Russian Federation’s Criminal Code does not contain special rules aimed at combating illegal cashing and funds transit. There is no comprehensive understanding of the processes of illegal cashing and money transit, as well as the unity of their qualification approaches in the theory of criminal law. Quite ambiguous is also an approach to qualifying the acts of estab-lishment of phony companies. In the edition of the Federal Law from 03.30.2015 № 67-FZ, part 1, article 173.1 competes with the disposition of part 1 article 170.1. Under these circumstances, law enforcement agencies face a need to search for alternative approaches to criminal and legal assessment of the relevant criminal phenomena, resulting in legal practice in criminal cases of this category being rather contradictory.
Materials and methods. The article analyzes the judicial inquiry on qualifying unlawful cashing and cash transit as an illegal business under art. 171 of the Crimi-nal Code of the Russian Federation in Penza region, as well as reviews the jurispru-dence of other regions, qualifying such offenses under art. 172 of the Criminal Code as an illegal banking activity.
Results. The practice, developed in the Penza region, is voidable and does not provide equity and inevitability of punishment for the crime. The subject of the crime under art. 172 of the Criminal Code, may not only be special – for a banking credit organization without a license, but overall – for banking transactions with no registration and licenses. A citizen who is not a supervisor or employee of a credit institution in the presence of other conditions, provided by art. 172 of the Criminal Code, shall be liable for illegal banking activity. The above-mentioned contradic-tions in judicial and investigative practice, as well as the absence of a uniform legal position of law enforcement agencies in the region, casts doubt on the prospect of implementation of operational information received and in the process of law en-forcement.
Conclusions. In order to solve these problems it is necessary to improve Russian legislation on operative-investigative activities, in particular it is required to formally explain problematic issues of qualification of acts, committed by a common sub-ject and which display elements of crimes, related to illegal cashing of funds and
establishment of phony comoanies.

Key words

illegal cashing, cash transit, сriminal legal assessment of criminal phenomena, phony companies, credit unions, вank operations, judicial and investigative practice.

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References

1. Lyaskalo A. N. Rossiyskiy sledovatel' [The Russian investigator]. 2014, no. 17, pp. 23–28.
2. Lyaskalo A. N. Ugolovnoe pravo [Criminal law]. 2014, no. 4, pp. 42–50.
3. Solov'ev I. N. Opasnye finansovye skhemy: firmy-odnodnevki [Dangerous financial schemes: phony companies]. Moscow: Prospekt, 2013, 88 p.

 

Дата создания: 17.11.2016 09:00
Дата обновления: 17.11.2016 14:06