Barkov A.V., Volkov A.V. On legal qualification of illegal business activities of a pawnshop as a multisectoral problem: criminological analysis of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation

Abstract: The article is devoted to the problems of legal qualification of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. Using the criminological analysis of this crime, the authors draw attention to the inconsistent interpretation of the article 2 of the Federal Law “On Pawnshops” (prohibiting population loan agreements for the purpose of working capital financing) by the Bank of Russia, based on the identification of profitable legal activities, as specified in the article 2 of the Civil Code of the Russian Federation, with economic activities connected with the general ability of legal entities to execute civil transactions. It is necessary to consider specific terminology of civil, banking and tax legislation when qualifying these relations. The authors apply general methods of analysis and comparison and analyze the legislative construction of stealing objects of special value and the moment of the end of this crime. Borrowing of money by pawnshops using loan agreements, until at least the judicial requalification of transactions, doesn’t infringe the Federal Law “On Banks and Banking” and the chapter 44 (Bank Deposit) of the Civil Code of the Russian Federation, and lies within the framework of the general legal capacity of a pawnshop; it doesn’t coincide with the signs of an objective side of a crime specified in the article 172 of the Criminal Code of the Russian Federation. 

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