Rostov-na-Donu, Rostov-on-Don, Russian Federation
Labinsk, Krasnodar, Russian Federation
UDK 34 Право. Юридические науки
GRNTI 10.77 Уголовное право
OKSO 10.05.03 Информационная безопасность автоматизированных систем
OKSO 10.05.05 Безопасность информационых технологий в правоохранительной сфере
OKSO 40.02.02 Правоохранительная деятельность
BBK 67 Право. Юридические науки
BISAC LAW000000 General
In the age of nanotechnology, fraud in the field of electronic systems has become very relevant, especially fraudsters use electronic means of payment for their own ends. It is with the help of an electronic system that it will not be difficult to withdraw funds from a bank card without personal identification. The practical and theoretical problems of the application of the criminal law on liability for fraud with the use of electronic means of payment are analyzed. The imperfections in the structure of the investigated corpus delicti are considered and critically evaluated, and legislative methods for their elimination are proposed. The concept of "electronic means of payment" and its types are studied with the help of the positions of Russian scientists. The point of view is expressed regarding certificates, gift cards and the like, which make it possible to purchase goods or services in an amount equivalent to their value by means of payment. The attention is also focused on disclosing the content of the objective side of fraud using electronic means of payment. Examples of bringing fraudsters to justice are given. Demonstrated the difference between theft of property from a bank account and fraudulent use of electronic means of payment. The topic of the qualification of the deed of a fraudster who paid with a stolen bank card by means of a contactless payment method was studied using the reasoning of scientists. The problems of application of new criminal law norms on the responsibility of guilty persons have been identified. Also, a feature is highlighted, which consists in the need for additional clarifications on the issues of delimiting competing and related compositions of theft. In the conclusion, the necessity of reforming, misunderstanding and application of the fact of the investigated norm of the criminal law at the present stage of our time is determined.
Fraud, electronic systems, electronic means of payment, bank card, nanotechnology, qualification of the act
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