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International conference organized by "JurInfoR-MSU" Institute for Contemporary Education, “JurInfoR” center, the Criminalists and Criminologists’ Union (Moscow), and the U.S. Department of Justice, 20-21 May, 1997, Moscow

On combating new types of economic crimes in Russia and the United States

Types of crimes in financial and credit system

Rasili Faizullovna Garifullina

1. The development of credit institutions, currency circulation and credit has brought about appearance and growth of new types of abuse in the given sphere that did not exist before, since prior to 1987 the role of credit institutes was brought down to the distribution of credits to meet the purposes, stipulated by the plan.

2. At the first stage (1992-1993) the leading role belonged to embezzlement of monetary means with the help of fictitious payment documents. The second stage (1993-1994) is characterized primarily by crimes with the use of financial and trust companies. According to the data given by the Ministry of Internal Affairs of Russia the “pyramids” have appropriated not less than 20 trillion rubles — from 3 to 10 million people have become their victims.

3. Starting with 1994 use has been made of illegal acquisition and appropriation of credit resourses of banks as well as non-target oriented use of state credits.

4. There is a tendency to legalize illegally obtained funds and their transfer on a large scale out of the country (according to the data provided by the Central Bank of the Russian Federation the amount equals up to 12 billion a year). That capital has been taken out of the sphere of home production and serves the purposes of either foreign producers or illegal operations.

5. New types of crimes are also spreading — such as embezzlement by unsanctioned entry into computer network, use of bills, credit cards, etc.

6. The new Criminal Code of the Russian Federation provides for a number of corpus delicti (chapter 22 of the CC of the RF), aimed at protection of the interests of investors and share-holders, as well as protection of lawful interests of credit institutions (chapters 173, 176 of the CC of the RF).

7. To enhance the effectiveness of the prevention of crime in the sphere of financial and credit system it is necessary: a) to adopt laws: “On compulsory insurance of bank deposits of citizens”, “On bankrupcy (insolvency) of credit organizations”, “On responsibility for legalization (laundering) of criminal income”, etc, b) to establish interaction of law-enforcement organs, in accordance with the existing world practice, between different non-governmental structures (services ensuring security of banks, etc.).

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