The article is devoted to identifying the role of lending for the parties to loan relations and the economy as a whole in the conditions of economic sanctions and inflationary risks by analyzing the number of borrowers and the volume of overdue accounts payable in the business and consumer sectors, as well as the dynamics of lending in February and March 2022. The author makes the conclusion about the growth of overdue debts, a decrease in the number of consumer loans issued and focuses on the real, rather than nominal, guarantee of criminal protection of creditors’ rights, traces the dependence of the development of the monetary system and the economy of the region and the country as a whole. The article presents statistics on bringing persons to criminal responsibility and imposing punishments in 2021 for crimes in the credit sphere that violate the relationship between the creditor and the debtor, the conclusion is made about the actual non-demand of Articles 176, 177 of the Criminal Code of the Russian Federation and the application of Article 159.1 of the Criminal Code of the Russian Federation. An attempt has been made to identify some problems of law enforcement of legislative norms and to give a detailed analysis of objective and subjective signs of the elements of crimes: “Illegal receipt of a loan”, “Malicious evasion of repayment of accounts payable” in comparison with “Fraud in the field of lending”. As a result, the author makes the conclusion that the effectiveness of the criminal law prohibition and prescription does not always consist in the application of the norm, it manifests itself in achieving the goal of crime prevention.
lending, debt, liability, harm, damage, illegal receipt of a loan, target loan, late payment
1. The Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996 (as amended. and add. of March 25, 2022). Collection of legislation of the RF, 1996, no. 25, art. 2954. (In Russ.)
2. Civil Code of the Russian Federation no. 14-FZ of January 26, 1996 (part two). Collection of legislation of the RF, 1996, no. 5, art. 410. (In Russ.)
3. The issuance of consumer loans in Russia has decreased by almost 90. URL: https://rb.ru/news/credit-down (accessed 08.05.2022). (In Russ.)
4. Crediting of legal entities and individual entrepreneurs. URL: https://cbr.ru/statistics/bank_sector/sors/0122/ (accessed 08.05.2022). (In Russ.)
5. Judicial statistics of the Russian Federation. URL: http://stat.api-press.rf/stats/ug/t/14/s/17 (accessed 08.05.2022). (In Russ.)
