BANK CREDITING AS AN OBJECT OF FORENSIC PROCESSING
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article highlights the complex of forensically meaningful features of functioning of the modern banking system and specifies the specificity of criminogenic manifestations in relation to the sphere of bank lending as its branches. It was clarified that from forensic positions the subject of a criminal offense in committing crimes in the field of bank lending is the social relations in the sphere of granting of credit and financial resources, namely: the procedure established for the provision of credit and financial assistance to economic entities, the interests of creditors – banks. The author considers the constituent elements of a criminal offense related to the illegal receipt of subsidies, subventions, subsidies, loans or tax benefits; analyzes the content of the above concepts, general requirements for their obtaining and use. It is proved that bank lending can be considered as an independent, licensed, entrepreneurial activity of credit organizations, carried out at the expense of borrowed and own funds at his own risk on the terms of solvency, urgency and reversal, with observance of reserve and other mandatory requirements that ensure the rights of participants lending It is concluded that crimes in the banking sector, as a criminalistic homogeneous group, are a kind of economic crime that encroaches on the state-protected system of social relations in the banking sector. Such crimes are various types of criminal acts: “traditional” (theft of funds and official abuse); acts criminalized in the post-Soviet period and included in the form of separate norms to the Criminal Code of Ukraine (fraud with financial resources, false entrepreneurship, bankruptcy concealment, etc.).
Authors and Affiliations
Роман Сергійович Шаранич
Keywords
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