Release:
2021, Vol. 7. № 2 (26)About the authors:
Roman S. Pozdishev, Cand. Sci. (Jur.), Senior Lecturer, Department of Preliminary Investigation, Nizhny Novgorod Academy of the Internal Affairs Ministry of Russia; rmanpzdyshev@rambler.ruAbstract:
The article is devoted to the peculiarities of the criminal-legal characteristics of crimes related to the illegal withdrawal of capital abroad, in particular to the ratio of crimes under Art. 193 and Art. 193.1 of the Criminal Code of the Russian Federation. The problem is considered in the context of the investigative practice of the internal affairs bodies of the Russian Federation for 2019-2020, which reveals many difficulties associated with the qualification of currency crimes and the differentiation of a single ongoing crime from a set of crimes. This circumstance determines the relevance of the study. Scientific novelty is expressed in the conclusions reached by the team of authors as a result of the analysis of a significant volume of procedural documents in the category of criminal cases under consideration, including decisions to refuse to initiate a criminal case, decisions to terminate a criminal case, indictments, sentences, which are characterized by the scale on a territorial basis and cover more than 40 regions of Russia. Among the most significant results of the study, one should point out the author’s conclusion about the absence of a unified approach to classifying currency crimes as continuing in legal science and practice, as well as criteria that make it possible to distinguish between the totality of currency crimes and continued currency crime. In order to implement a systematic approach and the subsequent clarity of the stated results, the ratio of evasion from fulfilling obligations to repatriate funds and performing foreign exchange transactions to transfer funds to non-residents’ accounts using forged documents was carried out by highlighting individual elements of these crimes and comparing them with each other, as a result which revealed the distinctive features of the objective side, the subjective side and the subject of the considered type of crime. The research methodology is presented by dialectical, formal-logical, systemic, sociological, functional, comparative-legal and formal-legal methods.
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