ILLEGAL PROVISION OF CONSUMER CREDITS (LOANS) (ARTICLE 171.5 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): ANOTHER NOVEL WITH UNCLEAR PROSPECTS

The article provides a criminal legal analysis of Art. 171.5, which provides for liability for illegal activities to provide consumer loans (loans). The substantiation of the criminalization of this act, aimed at criminal-legal protection of borrowers from unscrupulous creditors, is highlighted. The constructive imperfection of the norm under consideration is noted, in particular, the presentation of its objective and subjective characteristics. The position of the legislator, who limited the scope of the considered norm only to the responsibility of inappropriate subjects of the crime, is criticized. Signs of potential socially dangerous acts related to the illegal issuance of consumer loans (loans) remained outside the scope of this norm. Doubt is expressed about the advisability of including in the disposition of Art. 171.5 of the Criminal Code of the Institute of Administrative Prejudice. Contents of Art. 171.5 of the Criminal Code correlates with reference norms, in particular Art. 172 of the Criminal Code, Art. 14.56 of the Administrative Code, Federal Law of December 21, 2013 No. 353-FZ “On Consumer Credit (Loan)” and others related to Art. 171.5 of the Criminal Code of the normative legal norms. The article touches upon the problems that may arise in the process of law enforcement of the specified rule, mainly associated with the broad subject composition of this article and the uncertainty of the nature of the acts that constitute the objective side of the illegal implementation of activities for the provision of consumer loans (loans). An assumption is made that the considered composition will become another little-demanded or completely non-working norm in the system of crimes in the sphere of economic activity. The author’s edition of Art. 171.5 of the Criminal Code, aimed at eliminating its design errors and improving manufacturability.

consumer credit, loan, lender, borrower, illegal activity, criminal liability, validity of criminalization, objective and subjective signs, legislative structure, problems of law enforcement, improvement of legislation.

Gladkikh V. I. Illegal provision of consumer credits (loans) (article 171.5 of the Criminal Code of the Russian Federation): another novel with unclear prospects. Business. Education. Law, 2021, no. 3, pp. 235—239. DOI: 10.25683/VOLBI.2021.56.372.