THE LEGAL NATURE OF NON-CASH AND ELECTRONIC MONEY AS A SUBJECT OF CRIMINAL ENCROACHMENTS

The paper examines current trends in the development of the system of non-cash payment methods and remote banking systems from the point of view of their vulnerability to criminal encroachments. A study of the legal nature of non-cash money and electronic money as objects of civil rights and objects of criminal encroachments is carried out. Various approaches are considered in which funds in accounts are considered as property, or as objects of property rights. The contradictions were revealed that complicate the qualification of acts of unlawful seizure of non-cash and electronic money as theft due to the absence of the possibility of committing an act of physical seizure of this property. The main stages and content of the mechanism for the implementation of various types of non-cash payments are considered. The main participants of this process are identified, as well as the legally significant moments of the transfer of rights to non-cash funds, which make it possible to establish the moment of the end of the criminal encroachment. The analysis of the existing judicial practice, including the decisions and rulings of the higher court, has been carried out. Lack of uniformity of law enforcement was stated. The main problems faced by law enforcement and judicial authorities in the qualification of crimes under Articles 158, 159, 159.3, 159.6 of the Criminal Code of the Russian Federation are identified. The main circumstances that are to be established for the correct qualification of acts are highlighted as being essential for determining the type of criminal encroachment. The author proposes changes to the current criminal legislation in order to systematize and eliminate gaps in the qualification of acts related to the seizure of other people’s non-cash and electronic money.

theft from an account, fraud, bank fraud, theft, non-cash money, bank cards, electronic money, electronic means of payment, remote banking, payment terminal.

Savchenko M. M. The legal nature of non-cash and electronic money as a subject of criminal encroachments. Business. Education. Law, 2021, no. 2, pp. 244—250. DOI: 10.25683/VOLBI.2021.55.235.