Theft Using Electronic Means of Payments in the Light of Changes Established by the Decision of the Supreme Court of the Russian Federation Dated June, 29 2021: Certain Issues
Introduction: the authors discuss peculiarities of qualification of crimes on the point “g” part 3 of the Art. 158 of the Criminal Code of the Russian Federation and distinction between theft theft committed from a bank account, and with regard to electronic finance, and related corpus delicti of fraud with the use of electronic means of payment (Art. 159.3 of the Criminal Code). Materials and Methods: during the study, the author used current legislation, statistical data, Judicial Perspective, scientific publications on the study topic. The author used the set of Universal scientific research methods and specific scientific methods such as comparison, synthesis, deduction, technical and statistics. Results: the study allowed figure out two main approach to the qualification of theft using electronic means of payments. Basing on the analysis of the doctrine of criminal law and judicial perspective the author gave the assessment of amendments of the the Plenum of the Russian Federation Supreme Court dated 29/06/2021 No 22 and made proposals to improve judicial perspective on the Art. 159.3 of the Criminal Code of the Russian Federation. Discussion and Conclusion: the author made proposals to improve current legislation on the examined area.