ILLEGAL RECEIPT OF A CREDIT:
FORMAL LEGAL ANALYSIS, QUALIFICATION AND JUDICAL PRACTICE
Palavras-chave:
illegal receipt of a credit, illegal receipt of a state special-purpose loan, credit fraud, misappropriation of budget funds.Resumo
The aim of this article was to identify legislative and law enforcement problems, to formulate scientifically sound legal positions regarding the doctrinal interpretation of the criminal legislation of the Russian Federation and to improve practical application through a comprehensive legal study of the corpus delicti associated with the illegally receipt of a credit or a credit fraud. The theoretical basis for this research was the works of scientists and practicing lawyers who thoroughly analyzed the issues of crimes in credit and finance. The methodological basis included systemic, comparative legal, formal legal and sociological research methods. The empirical basis of the study was the open data of Russian ethic and legal statistics on credit frauds, the results of criminological and criminal law studies, the directives of the Supreme Court of the Russian Federation on judicial practice, the results of the analysis of criminal cases on credit crimes. Based on the conducted research, generalization of the materials of judicial practice, the authors identified the specifics of the target, object, subject, objective and subjective sides of the illegal receipt of a credit, qualification and delineation from related corpora delicti. The formulated provisions and conclusions can be used for developing proposals on improving legislation on the constructive elements of the illegal receipt of a credit and a credit fraud. The research results can be used for accurate qualification of committed socially dangerous acts within criminal law to ensure the uniform application of legal norms concerning the liability for the illegal receipt of a credit by the pre-trial investigation bodies and courts.
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