金融关系作为信用金融体系犯罪的侵害对象

Q2 Social Sciences Lex Portus Pub Date : 2019-04-25 DOI:10.26886/2524-101X.2.2019.7
O. Boboshko, K. Nesterenko
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引用次数: 1

摘要

目前在乌克兰,信贷和金融体系是金融领域的主要环节之一,是市场经济中最具决定性的部分,影响着社会和国家中发生的所有过程。乌克兰经济形势的一个特点是,如果没有适当的、法律的、特别是刑事法律的支持和保护,很大一部分金融和法律机构实际上无法充分发挥作用。在这种情况下,这不仅仅是为了保护社会的预算利益,也是为了保护个人存款人和股东的利益,保护金融机构的利益,使其免受可疑的管理者和创始人的影响,免受非法干预执法机构的活动,免受通过欺诈或其他非法行为获得大笔信贷的人的影响,不希望他们的退款(包括自己破产的代价),有组织犯罪集团等。本文对金融关系作为信用金融体系中的犯罪对象进行了全面的描述。本文不仅分析了所研究的现象,还分析了信贷和金融领域犯罪的现状和趋势。分析了信用金融犯罪产生的原因和条件。在信用金融犯罪中,对金融关系作为侵害对象的研究尤为重要。在对国家和国际立法进行分析的基础上,概述了这些问题,并提出了改进乌克兰现行立法的建议。
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Financial relations as an object of encroachment in crimes of the credit and financial system
At present in Ukraine the credit and financial system is one of the main links in the sphere of finance, serving as the most determinant segment of the market economy and affects all the processes taking place in the society and the state. A special feature of the economic situation in Ukraine is that a significant part of the financial and legal institutions is practically can’t fully function without the proper, legal, in particular criminal legal support and protection. In this case, it’s not just about protecting budgetary interests of society, but also about the interests of individual depositors and shareholders, the protection of the interests of financial institutions from dubious managers and founders, from unlawful interference in their activity of law enforcement bodies, from persons who receive large credits by fraudulent or other illegal actions, not wanting their refund (including the price of its own bankruptcy), from organized crime groups, etc. A comprehensive description of financial relations as an object of an offense in the credit and financial system is provided in the paper. Not only the phenomenon under study, but also the state and trends of crime in the credit and financial sphere are analyzed. The reasons and conditions that give rise to credit and financial crime are investigated. Particular attention is paid to the study of financial relations as an object of encroachment in crimes against the credit and financial system. On the basis of the analysis of national and international legislation, the issues were outlined, but also proposals were made to improve the current legislation of Ukraine.
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来源期刊
Lex Portus
Lex Portus Social Sciences-Law
CiteScore
1.40
自引率
0.00%
发文量
16
审稿时长
6 weeks
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