Article title: CRIMINAL LEGAL CHARACTERISTIC OF LOAN FRAU
Article author: Elekina Svetlana Vyacheslavovna, Bezverkhov Arthur Gennadevich
Number of pages: 9
Contact mail: PravoBank@sberbank.ru, bezverkhov_artur@rambler.ru
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Annotation:
The article gives a legal description of the composition of fraud in the field of lending (article 159 of the Criminal code of the Russian Federation).
At the same time, attention is focused on the content of the specific object - property in the field of credit relations - those property relations that arise
in connection with the provision of money to the borrower by the Bank or other lender with the right to conclude a credit agreement.
The article substantiates the provision that "another creditor" should be understood as a legal entity that for profit as the main purpose of its activities on
the basis of a special permit (license) of the Central Bank of the Russian Federation has the right to carry out banking operations provided for by law, or has the right to carry out financial
activities in accordance with the law on the provision of loans. It is noted that fraud in the field of lending is one of the two-object criminal attacks. When committing this crime, along with
property relations, acting as the main direct object, harm is also caused or the threat of causing significant harm to other benefits, primarily, the established order in the field of lending is created.
The subject of the crime is exclusively money, the size of which affects the qualification of the offense on the grounds provided for by part 3 of article 159 (fraud in the field of lending, committed on a large scale)
and part 4 of article 159 (credit fraud committed on a large scale). This type of fraud includes
only such a form of criminal behavior as theft of other people money. On the subjective side, the crime provided for in article
159 of the criminal code is characterized by direct intent arising before the receipt of the loan, and a selfish purpose. For
the purposes of this article borrower shall be: 1) a person who has applied to the creditor with intention to receive, 2) the person receiving the loan in cash;
3) the person who obtained the loan in cash, and subject to, first, on its own behalf, on behalf of the represented legally a legal person, and secondly, enter
into a credit relationship with a Bank or other lender within the scope of lending in terms of article 159 of the criminal code.