Reference:
Sergeeva A.A., Gurev M.S., Kirillova Y.M., Pyatkova O.V., Feizullaev F.M., Lototskii A.S..
Some ways of countering fraud committed using digital payments according to the legislation of Russia and China
// Security Issues. – 2024. – № 1.
– P. 1-10.
DOI: 10.25136/2409-7543.2024.1.69010.
DOI: 10.25136/2409-7543.2024.1.69010
Read the article
Abstract: The relevance of the study is due to the increase in crimes on funds operating in non-cash form. In the future, the development of the digital economy will be associated with an increase in such risks. In this regard, the authors have made a comparison of the Russian and Chinese experience of their minimization. In both countries, there is a steady increase in the number of thefts committed using illegal access to digital payment systems. At the same time, criminal law norms designed to counteract fraudulent actions have certain drawbacks. The judicial interpretation of these norms is also ambiguous. In conditions of limited functioning of international payment systems, theft of non-cash funds can be committed in new ways. In the future, non-cash payments will increase in volume, so it is necessary to improve the security of their conduct. The authors used a comparative legal method, as well as analysis and synthesis, which made it possible to give the study a complete character. The article summarizes the Russian and Chinese experience in countering the theft of funds deposited in non-cash form. Since the share of non-cash payments in Russia and China is significant, not only economic entities, but also citizens are involved in their turnover. The latter, not having financial literacy, can become victims of fraudsters. The state policy regarding the regulation of non-cash payments is built in the direction of establishing control over the functioning of electronic platforms. However, this does not seem to be sufficient, since it does not reduce financial risks. The criminal legal field remains virtually the only lever to counteract this type of theft. At the same time, the structure of the criminal law prohibition does not reflect the nature and degree of public danger of fraudulent actions and does not clearly distinguish them from secret theft.
Keywords: penalty, damage, lie, robbery, fraud, non-cash payments, payment, prevention, cybercrime, digital economy
References:
Trofimenkova, E.V., Yun, Sunbei, & Yang, Minsy. (2021). Development of Russian-Chinese electronic trade. Oikumena. Regional studies, 4, 49-55.
Fengchao, Cui (2-18). Development and change of e-commerce in China. Scientific journal, 1, 80-82.
Kochoi, S.M. (2013). New rules on fraud in the Criminal Code: features and differencesi. Criminological Journal of the Baikal State University of Economics and Law, 4, 105-108.
Pitulko, K.V., & Sergeeva, A.A. (2021). Problems of suppressing fraudulent actions committed using Internet resources, Criminal law in the era of artificial intelligence and digitalization: a collection of works based on the materials of the All-Russian scientific and practical conference with international participation in I Saratov International Legal Forum, dedicated to the 90th anniversary of the Saratov State Law Academy, Saratov, June 09, 2021. Saratov: Saratov State Law Academy, 224-227.
Boyko, S.Ya. (2019