Objective side of criminal encroachment on property and legitimate interests of lending entities, budget system of the Russian Federation

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Issue: №1 (69) 2022

Heading: Topical issues of public law


Tags

Keywords: economic crimes, credit, crime, lending, objective party, illegal obtaining of credit, fraud.

Annotation

This article considers the signs of the objective side of the corpus delicti under Art. 176 of the Criminal Code. The actions and consequences that make it possible to qualify the wrongful act as an unearmarked loan receipt are investigated. Data on enforcement practices, as well as the positions of scientists, regarding ambiguously interpreted concepts contained in elements of the objective side are analyzed. The positive experience of the legislator of foreign states is considered, regarding the establishment of criminal liability for illegal obtaining of credit, conclusions are made on the possibility of accepting a number of provisions, by amending the domestic criminal law.