“Telephone Fraud” (Article 159 of the Russian Criminal Code) and Provocation of Bribery as a New Threat to the Security of the Russian State
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“Telephone Fraud” (Article 159 of the Russian Criminal Code) and Provocation of Bribery as a New Threat to the Security of the Russian State
Abstract
PII
S1991-32220000622-3-1
Publication type
Article
Status
Published
Authors
Irina Pomykalova 
Occupation: Head of the Law Office
Affiliation: Law Office No. 3
Address: Vladimir, Russia
Andrey Pavlinov
Occupation: Professor at the Department of Criminal Law Disciplines
Affiliation: University of the Prosecutor’s Office of the Russian Federation
Address: Moscow, Russia
Edition
Pages
35-40
Abstract

The authors note the similarity of modern Russian crime with the criminal situation in the Western countries in the 1960s—1970s. However, in recent years, the growing confrontation between our country and the collective West has been increasingly affecting the state of crime in Russia. Expert assessments and statistics allow us to conclude that at the moment the state has failed to provide effective counteraction to a number of new forms of criminal activity, including the so-called telephone fraud, the main victims of which are elderly citizens with real estate and relatively large pensions. According to the authors, the low risk of exposure and punishment of participants in organized (often transnational) groups of fraudsters, combined with the high profitability of this criminal business, have become the main factors of its growth.

Taking into account the increased responsibility of the state for creating guarantees of property security for the elderly and a number of other categories of citizens who are unable to provide it independently due to age, illness or other circumstances provided for by law, it is proposed to restore the norm in the legislation in relation to this category of citizens (paragraph 3 of Article 30 of the Law of the RSFSR of December 24, 1990 No. 443-I) on compensation by a court decision by the state (i. e. of budgetary funds) damage caused to the owner by a crime, as well as to amend the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 dated November 30, 2017 “On judicial practice in cases of fraud, embezzlement and embezzlement” in the part relating to the specifics of the qualification of fraud involving the provocation of bribery or the subject of commercial bribery.

Keywords
criminal policy, “telephone fraud”, transnational crime, victim, property security of citizens, compensation for damage, provocation of giving a bribe
Date of publication
11.09.2023
Number of purchasers
12
Views
56
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0.0 (0 votes)
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References



Additional sources and materials

1. Douv M. The psychology of fraud. Methods of persuasion and fraud. Transl. by E. M. Tarabanov. Belgorod, 2022. 224 p. (In Russ.)
2. Klepitskiy I. A. New economic criminal law. Moscow, 2022. 984 p. (In Russ.)
3. Solov’ev I. N. How to avoid becoming a victim of telephone fraud. Moscow, 2022. 24 p. (In Russ.)
4. Tagantsev N. S. Russian criminal law. Lectures. Part common. Vol. 1. Moscow, 1994. 380 p. (In Russ.)
5. Shur E. M. Our criminal society. Social and legal sources of crime in America. Transl. from Eng. Moscow, 1977. 326 p. (In Russ.)

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