The problems of establishing criminal liability for credit crimes

Subject. In order to ensure proper legal regulation of credit legal relations, it is necessary to increase the effectiveness of criminal liability for credit crimes. Purposes. Identification of the problems of legislative regulation and application in practice of criminal-legal norms providing for criminal liability for illegal credit obtaining and preferential credit conditions, as well as illegal receipt of government target loan. Methodology. Comparative-legal, systemic, as well as formal-legal methods of research were used. Results. The issues of qualification and criminal liability for crimes committed in the credit sphere have been systematically investigated. Problematic issues of legislative regulation of criminal liability for crimes committed in the field of credit have been identified, and recommendations to improve the implementation of criminal liability for credit crime have been developed. Conclusions. The expediency of enshrining the formal construction of the crime under Article 176 Criminal Code of the Russian Federation is substantiated. It is concluded that when criminal prosecution is brought under Article 176 of the Criminal Code of the Russian Federation it requires the precise establishment of categories of "economic situation" and "financial condition" in reference to which the subject provides knowingly inaccurate information. In view of the fact that credit debts may arise as a result of both a credit and another civil contract, the concept of "credit" includes, not only banking but commodity and commercial credits. The analysis of the subjective side of illegal obtaining of credit enabled the author to conclude that in relation to the damage caused by the non-repayment of the loan amount, the intent can only be indirect; if there is a direct intent the act acquires the signs of fraud committed in the lending sector. With regard to the non-performance of obligation to pay interest on the loan (i.e. for the loss of profit caused to the bank or another creditor) in the illegal receipt of the loan the intent may be a direct one. Taking into account the legally structured procedure of lending, it is advisable to establish criminal liability for an illegally obtaining loan under Part 1 of Article 176 of the Criminal Code as to persons who do not have the status of individual entrepreneurs. The above shows the shortcomings of legislative regulation and the lack of uniform interpretation of certain constructive signs of Article 176 of the Criminal Code of the Russian Federation and points the need to improve the regulatory construction of the given criminal law rule in order to improve the effectiveness of the implementation of criminal liability for crimes committed in the credit sphere.

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