The subject of the crime provided by article 187 of the Criminal Code of the Russian Federation

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Introduction: the relevance of the research topic is due to the special role of non-cash banking in the life of modern post-industrial society, especially in the face of foreign political pressure, in connection with which the protection of this sector of the economy becomes a priority. The article deals with the problems of determining the subject of a crime under Art. 187 of the Criminal Code of the Russian Federation. The author made an attempt to catalog the concepts used in judicial practice regarding the subjects indicated in the disposition of the norm. Materials and Methods: when writing the article, extensive empirical material was used, presented by statistical data on the state of crime, as well as by convictions of courts in various regions of the Russian Federation that have entered into force on crimes under Art. 187 of the Criminal Code of the Russian Federation. The dialectical method was used, as well as the syntactic analysis of the legal norm, the content analysis of the court sentences. Results: the author studies the syntactic construction of Art. 187 of the Criminal Code of the Russian Federation, dividing the objects of crime into fake ones, and those intended for illegal payments. The types of items accepted by the courts as electronic means and electronic media are also considered. Discussion and Conclusions: in the author's opinion, the "fake" quality applies to payment cards, money transfer orders, and means of payment. Electronic means, electronic media, technical devices and computer programs are determined by their purpose for committing illegal actions. Electronic means and electronic information carriers have a dual nature, and a common illegal purpose.

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Electronic means of payment, electronic media, fake, bank card, receipt

Короткий адрес: https://sciup.org/142235495

IDR: 142235495   |   DOI: 10.37973/KUI.2022.30.93.008

Статья научная