Financial instruments of stock and banking markets in corruption crimes and their legal regulation

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Introduction: the article is devoted to the study of features and possibilities of application of financial instruments of stock and banking markets in corrupt transactions. The article considers the features of the regulatory framework related to the regulation of the usage of financial instruments of stock and banking markets in civil actions. Materials and Methods: legislation of the Russian Federation, judicial practice, media information, and the author's experience in the banking system of the Russian Federation were the main sources of the study. When writing the article, taking into account its specifics, the author used classical general academic methods of analysis, synthesis and deduction, as well as the method of modeling. Results: the author analyzed the features and possibilities of using financial instruments of stock and banking markets in corrupt transactions. Issues related to the institution of a "nominee holder" and the circulation of digital financial assets remained problematic. Discussion and Conclusions: the author suggests measures to prevent and detect the usage of securities, digital financial assets, banking methods and tools in corruption crimes. In particular, to reduce corruption risks a mechanism for public sale of state shares in joint-stock companies at organized auctions (on the stock exchange) is proposed. The mechanism of corrupt sale of state (municipal) property through the creation of joint-stock companies is summarized and graphically presented. The author proposed to make changes to Section 6 of the Certificate of Income, Expenses, Assets and Liabilities for State and Municipal Employees and to the fifth paragraph of Article 26 of the law "On banks and banking activities" in terms of reflecting the usage of Bank safe deposit box lease agreements.

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Financial instruments in corrupt transactions, stock market, securities, nominee holder, banking market, corruption crimes, latency of crimes, legal regulation

Короткий адрес: https://sciup.org/142225397

IDR: 142225397   |   DOI: 10.37973/KUI.2020.41.3.008

Статья научная