银行业预防欺诈

IF 0.1 Q4 CRIMINOLOGY & PENOLOGY Russian Journal of Criminology Pub Date : 2023-09-18 DOI:10.17150/2500-4255.2023.17(4).383-391
L.A. Petryakova
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引用次数: 0

摘要

作者利用所开展的研究制定了银行业预防欺诈的建议。研究的目的是就改进现有的欺诈预防系统和提高其有效性提出切实可行的建议。在组织和管理措施方面,建议改善执法机构与银行和其他信贷组织之间的机构间合作;对金融信贷监督机构的员工进行全面的选拔、培训和调整,因为训练有素的银行员工的作用是难以估量的。特别注意防止银行客户个人资料 "泄露 "的必要性。由于技术措施可以解决大多数反银行欺诈问题,因此应设计和改进能够适应新欺诈方案的系统。在刑法措施方面,建议对《刑法》第 159.1 和 159.1 条中的特殊罪行进行处罚。在刑法措施方面,建议将《俄罗斯联邦刑法典》第 159.1 条和第 159.3 条规定的特殊犯罪从刑法中排除,并将其责任转移到一般欺诈罪中。为了提高对银行欺诈受害者的保护水平,建议针对受害者的年龄和角色特点开展预防工作;提高潜在和实际受害者的数字、金融和技术知识水平,以防止重复受害;提供有关新犯罪方式的信息。会议强调,自然人和法人都可能成为银行欺诈的受害者,因此在制定预防措施时应考虑到受害者的具体特征。作者指出,在这些方面积极开展工作是有效识别和预防银行业欺诈行为的重要一步。
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Prevention of Fraud in the Banking Sector
The author uses the conducted research to formulate suggestions on preventing fraud in the banking sector. The goal of the study is to develop practical recommendations on improving the existing system of preventing fraud and enhancing its effectiveness. Within organizational and managerial measures, it is recommended to improve the inter-agency cooperation between law enforcement bodies and banks and other credit organizations; to carry out a thorough selection, training and adaptation of employees for the financial-credit supervision bodies, as the usefulness of a well-trained bank employee is difficult to overestimate. Special attention is paid to the necessity of counteracting “leaks” of bank clients’ personal data. As technical measures make it possible to solve most problems of counteracting bank fraud, the systems capable of adaptation to the new fraud schemes should be designed and improved. Within criminal law measures, it is suggested that special crimes of Art. 159.1 and 159.3 of the Criminal Code of the Russian Federation should be excluded from criminal law, and liability for them should be transferred to the general crime of fraud. To improve the protection level for victims of bank fraud, it is recommended to conduct preventive work with persons characterized by age and role victimity; to raise the level of digital, financial and technical literacy of potential and actual victims in order to prevent repeat victimity; to provide information about new ways of committing crimes. It is stressed that both physical and juridical persons could be victims of bank fraud, so the specific features of the victim should be considered in the development of prevention measures. It is pointed out that active work in these directions is, according to the author, an important step towards effective identification and prevention of fraud in the banking sector.
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来源期刊
Russian Journal of Criminology
Russian Journal of Criminology CRIMINOLOGY & PENOLOGY-
自引率
0.00%
发文量
14
期刊介绍: Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.
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