Problems of legal qualification of illegal banking activities on the objective side of the crime

The problem of determination of the objective side of the crime “illegal banking” is considered; the thesis that the fact of legal registration of a credit organization does not have legal significance for qualifying an act under article 172 of the Crime Code of the Russian Federation; it is recommended to exclude from the disposition of article 172 of the Criminal Code of the Russian Federation a clarification of cases when a license is necessary; It is explained that the subject of banking is the systematic implementation by credit organizations of not only banking operations, but also transactions, a new version of the disposition of article 172 of the Criminal Code of the Russian Federation is proposed.