Protection of the Property Relationships in the Banking Sector: Civil-Law, Criminal-Law and Criminological Aspects

Introduction. The role of the banking sector in the modern economy is difficult to overestimate. The banking system transforms savings into investments, manages the payment system, and is a liaison between the citizens and the agroindustrial, industrial and trade sectors. Therefore, the state policy of the Russian Federation aims at protecting the banking system from property infringements using the entire range of legal measures (civil-law, criminal-law, criminological, etc.). However, up till now, the system of measures aimed at efficient prevention, repression, prosecution of the above crimes and restoration of the disrupted social relationships has not been developed. The norms of the Russian Federation criminal law referring to liability for the larceny of non-cash funds have significant shortcomings in their content and legislative technique. Therefore, there arises a need to study the problems of counteracting the socially dangerous acts committed in the banking sector. The aim of the research is to analyse the status quo and trends of larceny in the banking sector and to develop a package of civil-law, criminal-law and criminological measures to protect the property interests of the credit institutions and citizens.

Materials and Methods. The research was carried out using both the general scientific methods (analysis and synthesis, induction and deduction) and specific scientific methods of cognition (statistical and sociological survey, content analysis, etc.). The reports, summarised results of law practices, materials of the civil- and criminal-law cases, sentences and court decisions were studied by means of the document analysis method. The modeling method made it possible to formulate the proposals on improving the legislation in the studied field.

Results. The status quo and dynamics of larceny in the banking sector have been analysed, typical schemes and methods of committing the above mentioned criminal infringement have been identified, problems in prevention, as well as in the criminal and civil classification of such socially dangerous acts have been distinguished. Measures to improve the criminal law in counteracting the larceny in the banking sector have been proposed, recommendations for resolving the debatable issues of law enforcement practices have been formulated and ways to improve the efficiency of preventive measures have been outlined.

Discussion and Conclusion. The banking system plays a key role in the modern economy, therefore one of the priorities of the Russian Federation state policy is protection of the banking sector from the criminal threats using the entire range of legal measures. The conclusions formulated as a result of the research are intended to supplement and extend the theoretical knowledge basis on the features of larceny in the banking sector, the causes and conditions emanating it. The authors have presented the proposals and recommendations aimed at the comprehensive protection of the property interests of the citizens and credit institutions by means of the civil-law, criminal-law and criminological measures. 

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