Characteristics of objective signs of the main composition of illegal loan receipt
Автор: Drobot S.A., Maleev I.N.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право и процесс
Статья в выпуске: 2 (41), 2024 года.
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The author examines the objective signs of the corpus delicti described in Part 1 of Article 176 of the Criminal Code of the Russian Federation. This crime undermines the system of relations between the lender and the borrower in the field of lending, which is based largely on mutual trust. Having similarities with encroachments on property, the illegal receipt of a loan is not such, which led to a special characteristic of the signs of the composition of this crime. When carrying out official qualification, law enforcement officers need to be clear about what the content of the sign of the composition of the specified crime is, which are classified as objective signs. At the same time, it seems that a complete understanding of the properties of these features is possible only with a comprehensive analysis and comparison. In this article, the author draws attention to the ambiguity of perception of some signs of a crime indicated in Part 1 of Article 176 of the Criminal Code of the Russian Federation. This is due to the fact that the disposition of this norm belongs to the category of blanks and therefore implies an appeal to the norms of not only criminal, but also civil and banking legislation of Russia. In general, the scientific article is aimed at employees of investigative and judicial authorities specializing in the investigation of economic crimes. At the same time, it is of interest to persons engaged in research activities in the field of analysis of economic crimes.
Obtaining a loan, preferential credit conditions, economic situation, damage
Короткий адрес: https://sciup.org/14130308
IDR: 14130308 | DOI: 10.47475/2311-696X-2024-41-2-61-66