Qualification of illegal taking possession of cash cards

Payment cards are used both by the subjects of entrepreneurial activity and ordinary people. Along with a set of positive effects, the increase in volumes of cash cards use resulted in the growth of number of crimes against property committed with their help. Researchers are interested in the questions of qualification of criminal actions committed by means of cash cards. The majority of works are devoted to the qualification of crimes against property committed by means of counterfeit plastic cards or by means of criminal possession of another person's payment cards. The question of proper qualification of the actions of guilty persons connected with illegal taking of another person's cash card has been developed insufficiently. The article analyzes various viewpoints and court practice. The author pays attention to the lack of unity among researchers on a number of questions that are important for the qualification of the above actions especially the qualification of illegal taking possession of cash cards with the use of violence dangerous for life and health or threat of violence. The author comes concludes that illegal taking possession of cash cards, in most cases has to be qualified as preparation for commission of plunder of money from the bank account of the cardholder. Options of qualification of illegal taking possession of cash cards in various ways (secretly, openly, with use of violence and threat of violence) are considered. It is noted that most often the existing criminal legislation does not allow bringing those who illegally took control of another person's cash card to trial, in cases if these persons did not manage to use this card due to reasons beyond their control. According to Part 2, Article 30 of the Criminal Code of the Russian Federation criminal liability is established for the preparation of only serious and extremely grievous crimes whereas in most cases embezzlement from the bank account of a cardholder is referred to misdemeanors and medium-gravity crimes. Current situation interferes with the realization of one of the main tasks of criminal legislation in Russia specified in Part 1, Article 2 of the Criminal Code of the Russian Federation -prevention of crimes, as it stimulates potential criminals to attack citizens for the purpose of taking possession of their cash cards. The author offers solutions of the defined problems.

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