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Problems of Legal Enforcement of Provisions on Economic Fraud Under National and Foreign Criminal Legislation and Assessment of the Related Risks

Author

Listed:
  • Kobleva M.M.
  • Osadchaya N.G.
  • Seregina E.V.
  • Fomenko I.V.
  • Kazarinov I.A.
  • Pateeva D.R.

Abstract

Purpose: The objective of this article is to analyze the problems of criminal liability for various kinds of economic fraud in criminal law. Design/Methodology/Approach: In the course of the study, the authors have analyzed the provisions of foreign and national legislation governing criminal liability for fraud. An assessment of risks related to various kinds of economic fraud has been performed. Analysis of crime rate for January-June 2020 shows that in the Russian Federation nearly 26 thousands of such criminal acts are committed each month on average, with the number of committed acts of economic fraud steadily increasing. Findings: As a result, the authors have concluded on the need to improve the provisions of national criminal legislation on economic fraud taking into account the positive experience of foreign criminal law, with assessment of the risks related to various kinds of economic fraud for the purpose of counteracting such criminal acts. Practical Implications: Study of the comments concerning imperfection of provisions on economic fraud represented in legal literature makes it evident that there is a long-standing need for their reforming. Certain considerations on improvement of provisions of criminal legislation on various kinds of economic fraud are set forth, and also a method for calculating the risks related thereto is proposed. Originality/Value: With an integrated approach to study of the problems of criminal liability for economic fraud, an understanding of the complexities of qualifying the given crime is elaborated, as well as a mechanism for specifying an adequate and proportionate punishment for its commission.

Suggested Citation

  • Kobleva M.M. & Osadchaya N.G. & Seregina E.V. & Fomenko I.V. & Kazarinov I.A. & Pateeva D.R., 2020. "Problems of Legal Enforcement of Provisions on Economic Fraud Under National and Foreign Criminal Legislation and Assessment of the Related Risks," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(4), pages 725-738.
    • Handle: RePEc:ers:ijebaa:v:viii:y:2020:i:4:p:725-738
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    References listed on IDEAS

    as
    1. N.V. Petrasheva & S.I. Ulezko & A.V. Yakovlev & A.L. Klochkova, 2017. "Economic Crime and Problem of Complicity Understanding," European Research Studies Journal, European Research Studies Journal, vol. 0(1), pages 208-214.
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    More about this item

    Keywords

    Economic fraud; fraudulent behavior; breach of trust; criminal liability; criminal punishment; risks related to fraud; counteraction.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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