Author |
Bazhanov S.V. |
Title of article |
Pseudofinansial operations and illegal banking activity: inadmissibility of identifying during crime investigation |
Section |
Section 8. Improving law enforcement practice |
Issue, year |
2 (32) 2015 |
Abstract |
Illegal money cashing realized by means of striking a quasi-bargain and intensified in the conditions of instability of the Russian banking system is considered. The scheme of illegal cashing is described: fictitious primary account documents, officially proving the fact of fulfilling contractual obligations, are produced; then false information is entered into tax accounts of customers; money is transferred into settlement accounts of contractors who cash the money using fictitious documents. Received money is transferred to customers after deduction of reward (bargain rates). Quasi-bargains as a category of private law are considered from the position of criminal prosecution in order to reveal the criminal activity. The analysis of economic and legal literature allows to consider such bargains as pseudofinancial operations which enables to reveal illegal purpose of their striking. Three groups of subjects of illegal money cashing are distinguished: customers (persons exercising legal financial activity), pursuing unlawful aims; executors (persons using illegal cashing to gain profit); bank officers abusing their official position. A special case of the law enforcement practice is considered. By this example a mistake of qualifying pseudofinancial operations as illegal banking activity is revealed. It is summarized that quasi-bargains executed for the purpose of illegal money cashing are realized without intention to cause civil law consequences which provides grounds to consider them as pseudofinancial operations. Such bargains cannot involve criminal liability for illegal banking activity. |
Keywords |
illegal money cashing, legal persons, individual entrepreneurs, banking activity. |
References |
1. Butenko A.A. Nezakonnaya deyatel’nost’ po obnalichivaniyu denezhnykh sredstv [Illegal activities encashment]. Vestnik Volgogradskoy akademii MVD Rossii – Bulletin of the Volgograd Academy of the Russian Interior Ministry, 2012, no. 3 (22), pp. 30-33. 2. Lyaskalo A.N. Ugolovnaya otvetstvennost’ za nezakonnye operatsii po obnalichivaniyu i tranzitu denezhnykh sredstv [Criminal liability for the illegal cashing operations and transit funds]. Rossiyskiy sledovatel’ – Russian investigator, 2014, no. 17, pp. 23-28. 3. Mamaev M.I. O kvalifikatsii nezakonnogo “obnalichivaniya” denezhnykh sredstv [About qualification illegal “cashing out” funds]. Zhurnal rossiyskogo prava – Journal of Russian law, 2006, no. 1 (109), pp. 44-52. |