Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185Depósito legal pp
197402ZU34
ppi 201502ZU4645
Vol.39 N° 69
Julio
Diciembre
2021
Recibido el 23/03/2021 Aceptado el 15/06/2021
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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ti ga do res; es ti mu lar la in ves ti ga ción en es tas áreas del sa ber; y pro pi ciar la pre sen ta-
ción, dis cu sión y con fron ta ción de las ideas y avan ces cien tí fi cos con com pro mi so so cial.
Cues tio nes Po lí ti cas apa re ce dos ve ces al año y pu bli ca tra ba jos ori gi na les con
avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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nes Cien tí fi cas y Tec no ló gi cas Ve ne zo la nas del FO NA CIT, La tin dex.
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Eduviges Morales Villalobos
Fabiola Tavares Duarte
Ma ría Eu ge nia Soto Hernández
Nila Leal González
Carmen Pérez Baralt
Co mi té Ase sor
Pedro Bracho Grand
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Re vis ta Cues tio nes Po lí ti cas. Av. Gua ji ra. Uni ver si dad del Zu lia. Nú cleo Hu ma nís ti co. Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
“Dr. Hum ber to J. La Ro che”. Ma ra cai bo, Ve ne zue la. E- mail: cues tio nes po li ti cas@gmail.
com ~ loi chi ri nos por til lo@gmail.com. Te le fax: 58- 0261- 4127018.
Vol. 39, Nº 69 (Julio - Diciembre) 2021, 395-406
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Criminal Prosecution of Persons
Who Have Committed Crimes in
The Banking Sector
DOI: https://doi.org/10.46398/cuestpol.3969.25
Viktor Victorovich Pushkarev *
Lyudmila Nikolaevna Poselskaya **
Anna Vladilenovna Skachko ***
Anatoly Vyacheslavovich Tarasov ****
Leyla Sasikbekovna Mutalieva *****
Abstract
The objective of the article was to analyze the process of criminal
prosecution of people accused of committing crimes against the
banking sector in the Russian Federation. Detecting such crimes,
identifying the people who committed them in and compensating
for the damages caused by such acts is the most dicult task
for law enforcement ocials in Russia. The most important part of these
activities are procedural questions about the timing of the commencement
of criminal proceedings and the procedure for their implementation in
pre-trial proceedings. The methodological basis of this research is formed
by the processing of the results of criminal cases, the results of surveys of
researchers and detectives, members of the educational and methodological
group of the Ministry of Internal Aairs of the Russian Federation. The
authors have proposed the drafting of article 5, paragraph 55, of the Code
of Criminal Procedure of the Russian Federation and its corresponding
amendments to article 11. It is concluded that these contributions will make
it possible to carry out the procedural work on compensation for damages
caused by a crime in a much more eective manner.
Keywords: bank oences; criminal prosecution; pre-trial proceedings;
termination of criminal proceedings; Russian Federation.
* Plekhanov Russian University of Economics, Moscow, Russia. ORCID ID: https://orcid.org/0000-
0002-3536-6497. Email: pushkarev.v.v@bk.ru
** Moscow University of the Ministry of Internal Aairs of Russia named by V.Ya. Kikot, Moscow, Russia.
ORCID ID: https://orcid.org/0000-0002-9213-5388. Email: poselskaya.l.n@bk.ru
*** Doctor of law, Professor of the Department of Criminal Procedure Law of the North Caucasus branch of
the Russian Academy of Justice, Krasnodar, Russia. ORCID ID: https://orcid.org/0000-0002-2878-
8413. Email: skachko.a.v@yandex.ru
**** Candidate of Legal Sciences, Honoured Lawyer of Kuban, Associate Professor at the Department of
Criminal Procedure Law, North-Caucasus branch of Russian University of Justice, Krasnodar, Russia.
ORCID ID: https://orcid.org/0000-0002-0564-6447. Email: anatoly.tarasov@inbox.ru
***** St. Petersburg University of State Fire Service of Ministry of Emergency Situations of Russia, St.
Petersburg, Russia. ORCID ID: https://orcid.org/0000-0002-4847-9140. Email: mutalieva.l.s@mail.ru
396
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
Enjuiciamiento penal de personas que han cometido
delitos en el sector bancario
Resumen
El objetivo del artículo fue analizar el proceso de enjuiciamiento penal
de personas sindicadas de cometer de delitos contra el sector bancario en
la federación rusa. La detección de tales delitos, la identicación de las
personas que los cometen y la compensación por los daños causados, por
tales actos, es la tarea más difícil para los agentes del orden en Rusia. La
parte más importante de estas actividades son las cuestiones procesales
sobre el momento en que comienza el proceso penal y el procedimiento para
su implementación en las diligencias previas al juicio. La base metodológica
de esta investigación está formada por el procesamiento de los resultados
de las causas penales; los resultados de encuestas a investigadores y
detectives, miembros del grupo educativo y metodológico del Ministerio del
Interior de la Federación de Rusia. Los autores han propuesto la redacción
del párrafo 55 del artículo 5 del Código de Procedimiento Penal de la
Federación de Rusia y sus correspondientes enmiendas al artículo 11. Se
concluye que estos aportes permiten llevar a cabo la labor procesal sobre
la indemnización por daños causados por un delito de manera mucho más
ecaz.
Palabras clave: delitos bancarios; enjuiciamiento penal; procedimientos
previos al juicio; terminación del proceso penal;
federación rusa.
Introduction
The necessity of criminal prosecution or refusal from it are
predetermined by the purpose of criminal proceedings. Without including
criminal prosecution in the purpose of criminal proceedings, the latter loses
its signicance, social value and eciency in the legal and law enforcement
sense. That is why achieving the purpose of criminal proceedings is possible
only when criminal prosecution is carried out or when it is refused. Thus,
criminal prosecution is a semantic concept for determining the purpose of
criminal proceedings, solving the tasks arising from it, contributing to its
achievement.
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Vol. 39 Nº 69 (Julio - Diciembre 2021): 395-406
1. Materials and methods
The empirical basis consists of the results of 47 criminal cases;
questionnaire results among 25 investigators and detectives, 60 members
of the teaching group of the Ministry of Internal Aairs of the Russian
Federation, Moscow University of the Ministry of Internal Aairs. Based
on the study of the law enforcement practice of investigators of territorial
internal aairs bodies investigating crimes in the sphere of banking,
expressed in the materials of specic criminal cases; obtained and processed
data from a sociological study on the state of practice in investigating crimes
in the banking sector; corrective data from the Investigative Department
of the Ministry of internal Aairs of Russia was received and studied.
The analytical research method has enabled us to draw several essential
conclusions that resolve the question which serves as the hypothesis for
this study.
2. Results analysis
The interpretation of the notion “criminal prosecution” allows to dene
it as accusatory procedural activity of the competent ocers and authorities,
directed against a specic person, which can be conrmed by issuing the
procedural decision on initiation of criminal case, the conduct in respect
of his investigative and legal proceedings as proof of his involvement in
the crime by establishing the circumstances referred to in article 73 of
the Criminal Procedure Code (Criminal Procedure Code of the Russian
Federation No. 174-FZ, 2001b) of the Russian Federation, other measures
undertaken for the purposes of proof or evidence that there is a suspicion
against him (in particular, explanation in accordance with part 1 of article
51 of the Constitution of the Russian Federation the right not to testify
against oneself) (Constitutional Court of the Russian Federation, 2000).
This approach demonstrates a broad view 5 of the Criminal Procedure
Code (Criminal Procedure Code of the Russian Federation No. 174-FZ,
2001d) of the Russian Federation, when to determine the initial moment
of criminal prosecution, the actual position of the person against whom the
criminal prosecution is being carried out must be taken into account.
Dening the specic moment of the beginning of criminal prosecution,
the respondents of the conducted sociological survey (84% of investigators)
also indicated that it can begin at the stage of initiation of criminal
proceedings in the course of investigative and procedural actions in
accordance with article 144 of the Criminal Procedure Code of the Russian
Federation (Criminal Procedure Code of the Russian Federation No. 174-
FZ, 2001a), which aects the rights and freedoms of a person in respect of
whom a report of a crime is being veried.
398
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
Stated arguments lead to the reasonable conclusion that the beginning
of criminal prosecution needs to nd its normative expression in paragraph
55 of article 5 of the Code of Criminal Procedure, which is proposed to be
amended as follows: “55) criminal prosecution the indictment procedural
activity carried out by the prosecution in order to expose a specic person of
committing a crime, seriously and directly aecting his position.”
The adoption of this regulatory innovation will solve a number of
signicant tasks of criminal proceedings, which will be considered on the
example of crimes committed in the credit and banking sector, the rst
of which is compensation for criminally caused harm, otherwise this task
becomes potentially unattainable.
So, for example, unidentied persons from among the heads of CB
“Universaltrast “(JSC) committed theft of the Bank’s funds by lending to
one-day rms, causing damage in the amount of 122 million rubles, but
the property subject to arrest was not identied and the damage was not
compensated.
Koval Yu. N., being the chairman of the board of the bank CB
“SOTSECONOMBANK” (LLC) and Rombakh O. V., in the period from
23.03.2010 to 26.10.2010, acting in collusion with Rombakh O. V.,
committed theft of the Bank’s property in a particularly large amount.
The damage equal to 1.3 billion rubles has not been reimbursed, and the
property subject to seizure has not been established.
The accused Monkhey M. I. and Kazakova N. V. stole funds of JSC
“Miraf-Bank “ in the amount of 100 million rubles under the guise of issuing
a loan to LLC “Grizar”, the damage was not compensated, the property was
not established.
In another criminal case on the commission of a crime by Timonium A.
V. jointly with the Zavertyaev M. I. of misappropriation of funds belonging
to JSC “PV-Bank”, represented by GK “ASV” in the amount of 120 million
rubles, initiated in 2012, the petition for seizure of property was prepared
only in 2019 and 24.05.2019 the case was directed to the Meshchansky
district court.
The examples listed above and other indicate the symptoms of
imperfect criminal procedure legislation and practice of its application in
the investigation of economic crimes, which concern mostly the issues of
the beginning and implementation of criminal prosecution of persons who
have committed them.
The most common reason for initiating a criminal case is a statement
of a crime received from a credit and nancial institution. The application
can also be submitted from the Central Bank of the Russian Federation
(Bank of Russia) or the State Corporation “Deposit Insurance Agency”
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(hereinafter referred to as the “DIA” group). Another reason for conducting
an inspection may also be a report on the discovery of signs of a crime, but
it is necessary to take into account the provisions of part 3 article 20 of the
Criminal Procedure Code of the Russian Federation.
Verication of a crime report is carried out using a set of investigative
and other procedural actions specied in part 1 of article 144 of the Criminal
Procedure Code of the Russian Federation (Criminal Code of the Russian
Federation No. 174-FZ, 2001a), as well as with the conduct by the body of
inquiry of operational-search measures on behalf of the investigator.
At the stage of criminal proceedings initiation, not all circumstances are
subject to determination, but only those data that are of key importance
in the commission of a crime. At the same time, the investigator needs to
conduct certain procedural and investigative actions in order to collect
enough factual data, which in the future, when initiating a criminal case,
can become evidence and be attached to the materials a criminal case.
When verifying received materials the investigators have to consider the
fact that according to the statements of the Central Bank and GK “ASV”
there are problems in locating the original documents and establishing
the whereabouts of persons whose registration is not the same as place of
residence. In order to avoid violating the terms of pre-investigation checks,
it is necessary to immediately clarify these issues.
The actual data that are the basis for initiating a criminal case may be
established by removing and further studying by the person performing
the preliminary check, those documents submitted by the borrower to a
bank or other credit institution for obtaining a credit supply, as well as bank
documents accompanying the procedure for registration and obtaining
credit funds.
Receiving an application from the Civil Code “DIA” does not mean
that the preliminary investigation authorities unconditionally accept the
received materials and the formality of the upcoming verication of the
report of a crime.
For example, the investigator repeatedly made decisions to refuse
initiating criminal proceedings, which were subsequently canceled and
sent for additional verication. However, as a result of the audit bodies of
preliminary investigation came to the conclusion, that in determining the
value of shares of JSC “UK ORF” it is incorrect to use the method of net
assets, as these shares were actively traded on MICEX at a cost of 6.8 RUB
not just by aliates, but also by persons not aliated with the Bank and the
beneciary (from 10-16% share of the total number of shares). Therefore,
the applicant’s conclusion that they are illiquid is premature and unfounded.
Shares of JSC “UK ORF” acquired by the Bank upon the exchange of assets
between the Bank’s shareholders in 2013 held by the beneciary at a price
400
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
of 0,10 rubles in order to increase the value of assets, as conrmed by the
requirements of the Central Bank of the Russian Federation to the Bank
and were sold for a high price, which conrms the testimony of a number
of check individuals on the pursuit of their goal of making prot from deals
of these securities and increase the amount of cash in circulation the Bank.
Thus, the investigator decided to refuse to initiate criminal proceedings
against specic individuals under part 4 of article 160, part 2 of article
201 of the Criminal Code, on the grounds established by clause 2 part 1
article 24 of the Criminal Code of the Russian Federation, that is, because
of absence in their actions of the above mentioned crimes.
Decisions to initiate criminal proceedings for crimes in the credit and nancial
sphere are taken if there is sucient data indicating the signs of a crime, and if there
are signs indicated in the order of the Deputy Minister-head of the Investigative
Department Internal Aairs No. 55 of the Russian Federation dated October 26,
2011 “On the organization of departmental control when reviewing audit materials
in accordance with article 144-145 of the Criminal Code of the Russian Federation
(Criminal Procedure Code of the Russian Federation No. 174-FZ, 2001a) on
economic crimes and corruption” and of the Ministry of Internal Aairs Order
of 1 December 2016 No. 785 “On the organization of communications on certain
types of economic crimes”, only after consultation with the head of the preliminary
investigation bodies territorial bodies of the MIA of Russia.
When checking reports of encroachments on bank credit facilities, the
investigator closely interacts with the employees of the inquiry body who
accompany the material. The circle of persons with information relevant
to the case is determined and worked out, as well as the circle of persons
involved in the commission of the crime.
In accordance with paragraph 4 of part 2 of article 38 of the Criminal
Code the investigator submits written assignments to operational sta on
the conduct of investigative activities aimed at locating stolen property,
verication of information about the movement of stolen funds in bank
accounts; and other events, depending on the circumstances of the theft.
The sta of the investigative units inquiring criminal cases of this
category, focus should be oriented towards validation at the initial stage
of investigation into signs of crimes specied in articles 172.1, 173.1, 173.2,
174, 174.1, 187, 193.1, 210 of the Criminal Code of the Russian Federation
(henceforth, The Criminal Code), and if identied, the decision-making of
additional qualication according to the articles.
For example, 18.01.2019 the senior investigator for ATS SU AMIA
Russia’s Orenburg region during the pre-investigation (KUSP No. 3308
from 15.06.2018) against the directors of the JSK “BSL” was detected
the fact of committing a crime under article 172.1 of the Criminal Code of
Russian Federation, as the leaders of JSK “BSL”, making transactions with
securities aliates, overstated the nancial result on transactions with
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securities and provided false information in statements for the Central Bank
of the Russian Federation, in order to conceal stipulated by the legislation
of the Russian Federation grounds for mandatory revocation of license
organization and destination organization of the interim administration.
To establish the property status of the defendants, pre-screening, the
availability of real estate, vehicles, cash in their accounts, the availability of
shares in the authorized capital of legal entities, establishment of aliated
organizations and individuals, involved in the commission of crimes
in credit-nancial sphere, identify the possible legalization of proceeds
of crime, employees of internal aairs bodies according to the materials
of checks and criminal cases sent relevant inquiries to the state bodies,
nancial organizations, banks, Interregional Directorate of the Federal
Service for nancial monitoring (Rosnmonitoring).
At the same time, the investigator should take into account the specics
of interaction with the FSFM, accounting for which can have a positive
impact on detecting the legalization of criminal income.
The FSFM sends materials about suspicious transactions to law
enforcement agencies not promptly enough.
Financial intelligence materials are of an orientation nature and require
additional verication, which is why they are used for planning operational
and investigative activities and further procedural actions. A problem that
arises in the course of interaction of Internal Aairs Investigators with
Rosnmonitoring units is the presence of a security label on the received
information, which is why it cannot be included in the criminal case le, and
additional requests must be sent to the relevant authorities and institutions.
In the vast majority of cases, Rosnmonitoring information is not used
in criminal investigations, due to the length of execution of requests for
nancial audits and the related lack of relevance of information at the
time of receipt of the results, since this information has already been
independently obtained by investigators from registration authorities
and credit organizations during the preliminary investigation, by sending
appropriate requests (in some cases, the criminal case has already been
sent to the court).
Information gathering is also performed using the information systems
of subjects of the nancial-economic activities, databases of the MIA, as
well as condential personnel and the capabilities of the Search and Rescue
Units and the Bureau of Special Technical Activities of the MIA.
In pursuance of the investigator’s order, instructions are sent to the
territorial MIA, the Oce of Economic Security and Anti-Corruption,
and CID of the relevant subjects of the Russian Federation for conducting
operational search measures to establish the location of stolen property,
402
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
objects of investment of stolen funds, and the circumstances of the criminal
origin of funds, real estate and other material values are established.
The property status of relatives of the person who committed the crime,
acquired during his criminal activity, must also be established. An important
role at this stage of the work of investigators is provided by interaction with
operational units, which is carried out by obtaining information about the
connections of suspects, their relatives; the frequency of their trips abroad,
as well as movement within the country, the purpose of travel; their income
obtained legally, which is compared with expenses and the availability of
property, is established. In case of non-compliance, additional verication
measures are organized.
When conducting interviews and interrogations of relatives and friends
of a suspected person, among other issues, objects of property owned are
established. Investigators send inquiries to various organizations (trac
police, GIMS, the Rostekhnadzor, the Federal service for state registration,
BTI, the Federal service for state registration, cadastre and cartography,
FNS (participation in legal entities), pension Fund, credit institution, etc.)
with the aim of establishing the presence of suspects (accused) movable
and immovable property, availability of funds in the accounts, deposits or
deposited in banks and other credit organizations.
When establishing the facts of legalization (laundering) of property
obtained by criminal means, the investigator should take into account the
fact that the direction of funds of an illegally obtained loan to ensure the
normal nancial and economic activities of the enterprise, expressed, for
example, in the purchase of materials and xed assets, payment for services
of suppliers, etc., is mistakenly recognized as legalization (laundering) and
leads to a verdict of acquittal in terms of unlawfully imputed.
Special attention should be paid to the measures taken by the body
of inquiry aimed at compensating for the damage caused by the crime.
Shortcomings lead to signicant omissions in this work (Ivanov et al.,
2020: Ivanov and Kruglikov, 2020).
So, the help on criminal cases about the crimes in credit-nancial sphere
in 2019 at Department of the Ministry of Internal Aairs of Russia across
the Sakhalin region (2020) shows that the damage on the ended criminal
cases has made 4 860 585 rubles, voluntarily refunded in the amount of
969 704 rubles, or 19, 95 %, the lien on the property in order to recover
damages did not overlap.
Joint discussions of inspection materials with operational divisions
are necessary prior to their registration, in order to collect complete and
high-quality materials. All verication materials, and subsequently for each
criminal case, should be subject to security measures aimed at compensating
damages, identifying assets that can be seized, as well as property obtained
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by criminal means. If necessary, actions should be taken to identify, seize
and return from abroad assets obtained as a result of a crime commission,
by sending requests for legal assistance to the competent authorities of
foreign States.
The highest performance is achieved when the organization of
interdepartmental interaction of law enforcement bodies on counteraction
to crimes in credit-nancial sphere in the form of a permanent
interdepartmental group, comprised of sta from the Oce of Economic
Security and Anti-Corruption, prosecutors, the IRS and others, as well as
representatives of the Bank of Russia and GK “ASV”.
Thus, after receiving and evaluating the information, the investigator,
in accordance with article 115 of the Code of Criminal Procedure (Criminal
Procedure Code of the Russian Federation No. 174-FZ, 2001c), with the
consent of the head of the investigative body shall immediately apply to
the court a reasoned petition for seizure of property of suspects (accused)
to ensure execution of civil action, recover a ne, other property collectings
or possible conscation of property, specied in part 1 of article 104.1 of the
Criminal Code.
In accordance with article 115 of the Criminal Procedure Code of the
Russian Federation (Criminal Procedure Code of the Russian Federation
No. 174-FZ, 2001c), it is possible to impose an arrest on the property of
only a suspect or accused. This leads to the fact that when performing
preliminary verication of a report of a crime (up to 30 days) in relation to
a particular person, it is impossible to perform actions to compensate for
damage caused by this crime.
In such circumstances, it is necessary to orient investigators and heads
of investigative bodies on the earliest possible granting of the status of a
suspect (accused), a person who has committed a crime. This fact leads to
errors of prosecution and diculties of proof caused by articial acceleration
of pre-trial criminal proceedings.
More reasonable is the situation in which priority attention is paid
to preventing the initiation of criminal cases for crimes in the credit and
nancial sphere upon the crime commission, if there is data on specic
persons subject to criminal prosecution. However, in such cases, the issue
of compensation for damages is “technically” postponed until criminal
proceedings are initiated. Conditions are created for further concealment
and legalization of stolen goods.
In this regard, the proposed wording of paragraph 55 of article 5 of the
Criminal Procedure Code of the Russian Federation and its corresponding
amendments to article 115 of the Criminal Procedure Code of the Russian
Federation (Criminal Procedure Code of the Russian Federation No. 174-
FZ, 2001c) would allow to conduct procedural work on compensation for
404
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
damage caused by a crime much more eectively. Initial giving the status
of the accused to an individual as described in the rst situation entails
a much more serious procedural consequences in case of the fallacy of
hasty decision, unlike the action for the seizure of property which must
take place under review of a crime report if it is against a specic person,
the involvement of which to act is fairly reected in the materials of the
internal and external, including means operative-investigative activities,
inspections.
Conclusions
The proposed innovation will not only correctly determine the moment
when criminal prosecution of a particular person begins, but will also
fully ensure their right to defense and give it a criminal procedural status,
and extend the possibility of lawful and justied seizure of their property,
prevent the possibility of continuing its criminal use and achieve the goal of
compensating for damage caused by a crime, ensuring the achievement of
the purpose of criminal proceedings.
Undoubtedly, such an innovation will require the development of a
normative consolidation of the criminal procedural status of persons in
respect of whom the report of a crime is veried, since they are directly
mentioned in part 1 of article 144 of the Code of Criminal Procedure of the
Russian Federation (Criminal Procedure Code of the Russian Federation
No. 174-FZ, 2001a), however, has so far been unreasonably restricted
in signicant rights and legitimate interests in the sphere of criminal
proceedings, the subjects of which they undoubtedly are. The need to
expand the rights of participants of criminal procedure relations at the stage
of verication of a crime report and the extension system of safeguards
compliance conrms not only the emerging law enforcement practice, but
91 % of investigators who believe that the beginning of criminal prosecution
should not be possible without giving the criminal-procedural status to
participants of these relations.
To improve the performance for compensation of harm caused as a result
of the crime, the investigator should draw up a protocol of examination
of the person in respect of whom they check the message on the receipt,
the suspect or the accused with the relevant articles of the Criminal Code,
according to which voluntary compensation for property damage, other
actions directed on compensation of harm, caused to the victim of crime,
are treated, in accordance with part 1 of article 61 of the Criminal Code
(Criminal Procedure Code of the Russian Federation No. 63-FZ, 1996), as
the circumstances mitigating the punishment.
405
CUESTIONES POLÍTICAS
Vol. 39 Nº 69 (Julio - Diciembre 2021): 395-406
Bibliographic References
CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION. 2000.
Resolution No. 11-P “Regarding the constitutionality of provisions of Art.
47 Part 1 and Art. 51 Part 2 of the Criminal Procedure Code of RSFSR with
regard to the claim of V.I. Maslov”. June 27. Available online. In: http://
pravo.gov.ru/proxy/ips/?docbody=&link_id=3&nd=102066471&bpa=
cd00000&bpas=cd00000&intelsearch=%F1%EB%E5%E4%F1%
F2%E2%E2%E8%E5++. Consultation date: 06/11/2020.
CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION No.
174-FZ. 2001a. Article 144: Procedure for Considering a Report of a
Crime. December 18. Available online. In: http://www.consultant.ru/
document/cons_doc_LAW_34481/. Consultation date: 06/11/2020.
CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION No.
174-FZ. 2001b. Article 73: Circumstances to be proved. December 18.
Available online. In: http://www.consultant.ru/document/cons_doc_
LAW_34481/. Consultation date: 06/11/2020.
CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION No. 174-
FZ. 2001c. Article 115: Seizure of property. December 18. Available online.
In: http://www.consultant.ru/document/cons_doc_LAW_34481/.
Consultation date: 06/11/2020.
CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION No. 174-
FZ. 2001d. Article 5: Basic concepts used in this Code. December 18.
Available online. In: http://www.consultant.ru/document/cons_doc_
LAW_34481/. Consultation date: 06/11/2020.
CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION No. 63-
FZ. 1996. Article 61: Circumstances mitigating the punishment. June 13.
Available online. In: http://www.consultant.ru/document/cons_doc_
LAW_10699/. Consultation date: 06/11/2020.
DEPARTMENT OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
FOR THE SAKHALIN REGION. 2020. Information on the performance
of the investigation divisions of the Ministry of Internal Aairs in the
Sakhalin region on crimes in credit and monetary sphere. Available
online. In: https://65.мвд.рф/duty/Otcheti/Otchet_nachalnika_
UMVD_Rossii_po_Sahalin/item/19733045/ . Consultation date:
06/11/2020.
IVANOV, Dmitriy Aleksandrovich; ESINA, Alla Sergeevna; FADEEV, Pavel
Vladimirovich; CHASOVNIKOVA, Olga Georgievna; ZORINA, Elena
Andreevna. 2020. “Crime victim compensation” In: Revista Gênero e
Direito. Vol. 9, No. 4, pр. 753-759.
406
Viktor Victorovich Pushkarev, Lyudmila Nikolaevna Poselskaya, Anna Vladilenovna Skachko,
Anatoly Vyacheslavovich Tarasov y Leyla Sasikbekovna Mutalieva
Criminal Prosecution of Persons Who Have Committed Crimes in The Banking Sector
IVANOV, Dmitriy Aleksandrovich; KRUGLIKOV, M.A. 2020.
“Mezhdunarodnyye standarty mer presecheniya i ikh implementatsiya
v zakonodatel’stvo Rossiyskoy Federatsii” In: Vserossiyskiy
kriminologicheskiy zhurnal. Vol. 14, No. 4, pр. 623-630.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en julio de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 69
