TY - JOUR

T1 - Правовое содержание мошенничества в сфере потребительского кредитования: часть вторая

AU - Ковалев, Виталий Валерьевич

AU - Пятов, Михаил Львович

AU - Татаренко, Тамара

PY - 2025/3/31

Y1 - 2025/3/31

N2 - The article, based on an analysis of the practice of preliminary investigation and judicial practice that has developed in Russia in recent years in qualifying fraud in the field of consumer lending, substantiates the possibility of proving the status of injured citizens through a psychological and psychiatric examination that determines their mental state at the time of the commission of criminal acts against them . The role of proper qualification of fraud in the field of consumer credit is considered as a significant tool for stabilizing the functioning of financial markets in modern Russia . It is emphasized that it is the justified qualification of banks as financial victims as a result of fraud crimes, the purpose of which is the theft of funds from them, can become a significant factor in the active involvement of banks as professional participants in the financial market in actively combating this type of crime . The dynamics of law enforcement practice to protect the rights of victims of fraud in the field of consumer lending are characterized . It is shown that the key to the possibility of proper protection of their rights in court can only be the proper qualification of such crimes and the identification of victims by the preliminary investigation authorities and courts . The most significant recent step towards ensuring proper protection of the rights of victims of fraud crimes in the field of consumer lending is characterized by a change, as a result of the efforts of the St . Petersburg Prosecutor's Office, in determining the circle of victims in criminal cases of fraud in the field of consumer lending . The necessity of adjusting the current judicial practice in the field of fraud in this area, which is developing in contradiction to the provisions of the Constitution of the Russian Federation, is proved .

AB - The article, based on an analysis of the practice of preliminary investigation and judicial practice that has developed in Russia in recent years in qualifying fraud in the field of consumer lending, substantiates the possibility of proving the status of injured citizens through a psychological and psychiatric examination that determines their mental state at the time of the commission of criminal acts against them . The role of proper qualification of fraud in the field of consumer credit is considered as a significant tool for stabilizing the functioning of financial markets in modern Russia . It is emphasized that it is the justified qualification of banks as financial victims as a result of fraud crimes, the purpose of which is the theft of funds from them, can become a significant factor in the active involvement of banks as professional participants in the financial market in actively combating this type of crime . The dynamics of law enforcement practice to protect the rights of victims of fraud in the field of consumer lending are characterized . It is shown that the key to the possibility of proper protection of their rights in court can only be the proper qualification of such crimes and the identification of victims by the preliminary investigation authorities and courts . The most significant recent step towards ensuring proper protection of the rights of victims of fraud crimes in the field of consumer lending is characterized by a change, as a result of the efforts of the St . Petersburg Prosecutor's Office, in determining the circle of victims in criminal cases of fraud in the field of consumer lending . The necessity of adjusting the current judicial practice in the field of fraud in this area, which is developing in contradiction to the provisions of the Constitution of the Russian Federation, is proved .

KW - Constitution

KW - Corporation

KW - Credit

KW - Fraud

KW - Instrument for committing a crime

KW - Legality

KW - Moral damage

KW - Property damage

KW - Unity of court

KW - Victim

UR - https://www.mendeley.com/catalogue/79c2888b-331e-3fed-a230-037a79bceb64/

U2 - 10.21638/spbu14.2025.106

DO - 10.21638/spbu14.2025.106

M3 - статья

VL - 16

SP - 77

EP - 94

JO - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

JF - ВЕСТНИК САНКТ-ПЕТЕРБУРГСКОГО УНИВЕРСИТЕТА. ПРАВО

SN - 2074-1243

IS - 1

ER -