Problems of definition of the object of cash and (or) monetary instrument smuggling

The subject of Article 200.1 of the Criminal Code of the Russian Federation, in accordance with the content of its disposition, is cash and (or) monetary instruments. According to Pt. 1, Art. 2 of the Agreement on moving cash and (or) monetary instruments by natural persons across the customs border of the Customs Union, cash is understood as money in banknotes and treasury notes, coins (with the exception of precious metal coins) which is in circulation and is a legal tender in the countries - members of the customs union or foreign states (group of foreign states), including money withdrawn or being withdrawn from circulation, yet exchangeable for banknotes in circulation. In accordance with this Agreement monetary instruments are traveler's checks, bills, checks, as well as securities in a document form certifying the obligation of the issuer (the debtor) to pay the money without a specified person to whom such a payment is made. This concept is duplicated in Pt. 5 of the Notes to Art. 200.1 of the Criminal Code. Thus, the notion of monetary instruments includes certain types of working instruments: a traveler's check, bill of exchange, check (bank check), as well as securities in a document form certifying the obligation of the issuer (the debtor) to pay the money without a specified person to whom such a payment is made. Securities, unlike travelers' checks, bills of exchange, checks (bank checks), are formulated as a set of features by which they can be recognized as monetary instruments. Thus, to establish which working instruments can match these signs, one must understand the rules of civil law. In connection with the foregoing, in practice there may be some difficulties related to the interpretation and identification of monetary instruments as a subject of a crime under Art. 200.1 of the Criminal Code. According to the research, monetary instruments include traveler's checks, bills, checks (checks), bearer bonds, bank books and bearer savings (deposit) certificates to the bearer. At the same time, this definition needs broadening and including certificates and coupons that are issued to bearer securities.

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