Typology of Counterfeit Money Methods
- Authors: Pechegin D.1
-
Affiliations:
- Institute of Legislation and Comparative Law under the Government of the Russian Federation
- Issue: Vol 17, No 4 (2024)
- Pages: 210-234
- Section: Russian Law: Condition, Perspectives, Commentaries
- URL: https://journal-vniispk.ru/2072-8166/article/view/317731
- DOI: https://doi.org/10.17323/2072-8166.2024.4.210.234
- ID: 317731
Cite item
Full Text
Abstract
According to the report of the Central Bank of the Russian Federation in 2023, the number of cases of counterfeiting recorded in the banking system reached a historical minimum (since 2011) and amounted to 12,425 counterfeit banknotes. At the same time, such data seem to reflect only a minimal level of criminalization of counterfeiting, the scale of which is actually more impressive, since experts estimate that up to 75 percent of the facts of the use of such marks, for objective reasons, qualify as fraud, and, therefore, are not properly taken into account in legal statistics. At the same time, it is important to take into account that the ambiguity of the construction of Article 186 of the Criminal Code of the Russian Federation causes difficulties in law enforcement. The subject of this study is the interpretation of the distinctive features of counterfeiting, given to them by judicial practice. Methods like Hegelian dialectics, legal hermeneutics (legal exegesis), typology, as well as special legal methods of interpreting law are used. The restrictive nature of the judicial interpretation of the normatively fixed methods of counterfeiting (manufacture, storage, transportation for marketing and marketing), due, inter alia, to their lack of clarity, has been established, and the problems of such interpretation have been disclosed. Based on the study of sentences handed down in criminal cases of counterfeiting in the Russian Federation for 2019-2023 and the doctrine, an up-to-date typology of ways to commit this crime based on the objective side is presented, the vector and priorities of subsequent research and likely legislative changes in the area under consideration are determined. At the same time, the study of the peculiarities of the interpretation of the distinctive features of counterfeiting, given to them by judicial practice, demonstrates that the main ways of committing an act are various, but few forms of manufacture, storage, transportation and sale, which, as it seems, is generally associated with the peculiarities of detecting and suppressing crimes of this orientation in general. Moreover, the indicators of the typology of the ways of committing the act mentioned are presented at graphs 1 and 2, allowed us to draw a number of additional conclusions.
About the authors
D. Pechegin
Institute of Legislation and Comparative Law under the Government of the Russian Federation
Email: crim5@izak.ru
ORCID iD: 0000-0001-6499-9966
References
- Gejvandov Ya. A. (2003) Social and legal basics of Russian bank system. Moscow: Avanta, 496 p. (in Russ.)
- Gorbunova O.N., Denisov E.R. (2007) Issues of regulation of money and its turnover in the Russian Federation. Finansovoe pravo=Financial Law, no. 8, pp. 2–5 (in Russ.)
- Kalatozi D.G. (2020) Liability in monetary circulation field. Finansovoe pravo=Financial Law, no. 11, pp. 38–40 (in Russ.)
- Khabrieva T.Y., Chernogor N.N. (2018) The law of digital reality. Zhurnal rossiyskogo prava=Journal of Russian Law, no. 1, pp. 85–102 (in Russ.)
- Kucherov I.I. (2016) Damage to money and counterfeiting: legal side of phenomena and liability. Zhurnal rossiyskogo prava=Journal of Russian Law, no. 1, pp. 107– 120 (in Russ.)
- Kucherov I.I. (2017) Elements of financial security and its legal support. Zhurnal rossiyskogo prava=Journal of Russian Law, no. 6, pp. 69–79 (in Russ.)
- Lyaskalo A.N. (2017) Money and securities as a subject of forgery. Zakony Rossii=Laws of Russia, no. 7, pp. 68–72 (in Russ.)
- Lyaskalo A.N. (2022) Financial crimes in Russian criminal law: modern concept and problems of qualification. Doctor of Juridical Sciences Thesis. Moscow, 650 p. (in Russ.)
- Molchanova T.V. (2020) Evaluation of crimes in the field of economy. Bezopasnost’ biznesa=Business Security, no. 3, pp. 36–40 (in Russ.)
- Nudel S.L. (2010) On liability for making, storage, moving or sale of counterfeit. Biznes v zakone=Business under Law, no. 1, pp. 99–103 (in Russ.)
- Nudel S.L. (2023) Modernization of criminal policy: issues of regulation. Zhurnal rossiyskogo prava=Journal of Russian Law, no. 1, pp. 5–22 (in Russ.)
- Obrazcova N.V. (2005) Liability for making or sale of false money or security bones. Candidate of Juridical Sciences Thesis. Moscow, 203 p. (in Russ.)
- Petryanin A.V. (2003) Liability for making or sale of counterfeit money or security. Candidate of Juridical Sciences Thesis. N. Novgorod, 221 p. (in Russ.)
- Ponomareva N.S. (2007) Issues of criminal qualification of counterfeiting. Rossiyskiy sledovatel=Russian investigator, no. 2, pp. 21–24 (in Russ.)
- Povetkina N.A., Ledneva Y.V. (2018) Fintekh and Redtekh: limits of regulation. Pravo. Zhurnal Vysshey shkoly ekonomiki=Law. Journal of the Higher School of Economics, no. 2, pp. 46–67 (in Russ.)
- Regulation of money turnover (2016) N.M. Artemov (ed.). Moscow: NORMA, 96 p. (in Russ.)
- Rozhdestvenskaya T.E., Guznov A.G., Efimova L.G. (2020) Private bank law. Moscow: Prospekt, 776 p. (in Russ.)
- Shurukhnov N.G. (2014) Subsequent stage of counterfeiting investigation: significance, tactical and technological bases. Rossiyskiy sledovatel=Russian Investigator, no. 5, pp. 13–17 (in Russ.)
- Tyunin V.I. (2019) Liability for using clearly false documents. Ugolovnoe pravo=Criminal Law, no. 4, pp. 103–110 (in Russ.)
- Volzhenkin B.V. (1999) The economic crimes. Saint Petersburg: Yuridical Centr Press, 312 p. (in Russ.)
- Yani P.S. (2016) Counterfeit security as a subject of counterfeiting. Zakonnost= Legality, no. 8, pp. 25–29 (in Russ.)
- Yani P.S. (2015) The qualification of counterfeit. Zakonnost=Legality, no. 2, pp. 20–24 (in Russ.)
- Yasinov O.Yu. (2006) Liability for making or sale of counterfeit money or securities bones. Candidate of Juridical Sciences Thesis. Moscow, 21 p. (in Russ.)
Supplementary files
