The prospects for the introduction of the institution of criminal misconduct in relation to fraud using electronic means of payment

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Introduction: the article is devoted to the study of the prospects for integrating the institution of criminal misconduct in relation to fraud using electronic means of payment into the criminal legislation of the Russian Federation. The study of the existing investigative and judicial practice of qualifying this act made it possible to establish the presence of objective circumstances that impede the further humanization of the criminal law in this area, which made it possible to offer scientific and methodological recommendations for solving the identified problems. Materials and Methods: general scientific and specific scientific methods of cognition, in particular, the dialectical-materialistic method, the comparative legal method and formal-logical methods, were used as a methodological basis for the study. The research materials are the current legislation of the Russian Federation, investigative and judicial practice for the period from 2015 to 2021, as well as published works of other authors on the research issues. Results: based on the analysis of the current investigative and judicial practice, the authors revealed the circumstances that prevent the introduction of the institution of criminal misconduct into the criminal legislation of the Russian Federation. Discussion and Conclusions: offered scientific and methodological recommendations for improving the criminal legislation of the Russian Federation in order to humanize it.

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Fraud, electronic means of payment, transactions, criminal misconduct, bill

Короткий адрес: https://sciup.org/142231028

IDR: 142231028   |   DOI: 10.37973/KUI.2021.56.89.012

Статья научная