Illegal receipt of a credit: formal legal analysis, qualification and judical practice
| Autor | Pyotr N. Sbirunov - Victor I. Gladkikh - Andrey A. Bakradze - Alexander Yu. Yakovlev - Alexey B. Opokin |
| Cargo | State University of Management, The Institute of International Law and Economics named after A.S. Griboedov - Institute of Law and Management of the Moscow City University; International Law Institute - State University of Management - State University of Management - State University of Management |
| Páginas | 481-509 |
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
481
ILLEGAL RECEIPT OF A CREDIT: FORMAL LEGAL ANALYSIS,
QUALIFICATION AND JUDICAL PRACTICE
Pyotr N. Sbirunov1
Victor I. Gladkikh2
Andrey A. Bakradze3
Alexander Yu. Yakovlev4
Alexey B. Opokin5
Abstract: The aim of this article was to
identify legislative and law enforcement
problems, to formulate scientifically
sound legal positions regarding the
doctrinal interpretation of the criminal
legislation of the Russian Federation and
to improve practical application through
a comprehensive legal study of the
corpus delicti associated with the
illegally receipt of a credit or a credit
fraud. The theoretical basis for this
research was the works of scientists and
practicing lawyers who thoroughly
analyzed the issues of crimes in credit
and finance. The methodological basis
included systemic, comparative legal,
formal legal and sociological research
methods. The empirical basis of the
1 State University of Management, The Institute of International Law and Economics named after
A.S. Griboedov, sbirunovp@rambler.ru
2 Institute of Law and Management of the Moscow City University; International Law Institute;
e-mail: gladkich04@mail.ru
3 State University of Management, e-mail: bakradzeaa@mail.ru
4 State University of Management, e-mail: mail@gosypravlenie.ru
5 State University of Management, e-mail: alopokin@yandex.ru
study was the open data of Russian ethic
and legal statistics on credit frauds, the
results of criminological and criminal
law studies, the directives of the
Supreme Court of the Russian
Federation on judicial practice, the
results of the analysis of criminal cases
on credit crimes. Based on the conducted
research, generalization of the materials
of judicial practice, the authors identified
the specifics of the target, object, subject,
objective and subjective sides of the
illegal receipt of a credit, qualification
and delineation from related corpora
delicti. The formulated provisions and
conclusions can be used for developing
proposals on improving legislation on
the constructive elements of the illegal
Periódico do Núcleo de Estudos e Pesquisas sobre Gênero e Direito
Centro de Ciências Jurídicas - Universidade Federal da Paraíba
V. 9 - Nº 03 - Ano 2020 Special Edition
ISSN | 2179-7137 | http://periodicos.ufpb.br/ojs2/index.php/ged/index
482
receipt of a credit and a credit fraud. The
research results can be used for accurate
qualification of committed socially
dangerous acts within criminal law to
ensure the uniform application of legal
norms concerning the liability for the
illegal receipt of a credit by the pre-trial
investigation bodies and courts.
Keywords: illegal receipt of a credit,
illegal receipt of a state special-purpose
loan, credit fraud, misappropriation of
budget funds.
1. Introduction
Credit crimes affect the interests
of legal business entities and
entrepreneurs and pose a serious threat to
the normal functioning and the civilized
development of market relations in the
country. Loan and credit frauds,
malicious evasion of paying off credit
debt are so widespread that they
undermine the work of credit
organizations and the development of the
whole banking system in Russia. For
instance, according to the NBCH (the
National Bureau of Credit Histories), in
2016, over a million of loans with
elements of fraud were issued, which is
69.5% more than that in 2015. The
public danger and the frequent
occurrence of loan crimes determine the
relevance of criminological and criminal
law studies of the problems of combating
crime in credit and finance.
Problematic issues of criminal
liability, criminal law characteristics,
qualifications of loan and credit frauds,
other crimes in the field of lending, as
well as their delineation with related
offenses have been studied by many
researchers. Definitely, these works have
laid a solid foundation for the science of
criminal law and law enforcement
practice. However, radical changes in
Russias economic structure, permanent
changes in criminal, civil, and banking
legislation, vague wordings of criminal
law norms, the debatable nature of the
provisions in scientific papers, the
contradictions of the investigative and
judicial practice require further
development of this research topic.
The goal of this research was to
improve the current criminal law and its
practical application in order to increase
the effectiveness of the criminal law
protection of public relations in the field
of lending. To achieve this goal, the
following objectives were formulated: to
develop theoretical provisions related to
objective and subjective elements and
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