Legislative initiatives in the field of stricter liability for illegal circulation of means of payment
Authors:
1.
Kaliningrad branch of Saint Petersburg University of the MIA of Russia
(Department of Criminal Law, Criminology and Penal Enforcement Law, Professor)
Kaliningrad, Kalinigrad, Russian Federation
Kaliningrad, Kalinigrad, Russian Federation
2.
Volgogradskaya akademiya MVD Rossii
Type:
Article
Pages:
from 9
to 14
Status:
Published
Received:
29.05.2025
Accepted:
27.06.2025
Published:
13.07.2025
Language:
Russian
Keywords:
cashing of stolen funds, electronic means of payment, involvement in fraudulent activities, mediation in cashing, countering fraud, criminal liability
Abstract (English):
Introduction. In 2025, legislative innovations aimed at combating mediation in the transfer and cashing of stolen funds came into force. Credit institutions have been granted the right to suspend the use of bank cards and electronic means of payment of customers and the database of the Central Bank of the Russian Federation if they are suspected of involvement in fraudulent schemes. However, due to the rapid increase in the scale of illicit trafficking in electronic means of payment, the measures taken were clearly insufficient to effectively combat this phenomenon. Methods. In the course of the research conducted by the authors of the article, a general scientific dialectical method of cognition of the surrounding reality was used, which presupposes a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, methods of description, abstraction and generalization, and the statistical method were used. Results. The article discusses measures taken to combat illicit trafficking in electronic means of payment, including amendments to legislation and the introduction of an online transaction monitoring system. There is a reduction in the use of payment cards by criminal legalizers and their transition to offline methods due to increased anti-fraud protection of the banking system. The article analyzes the problem of impunity for fraudsters who involve citizens in the illegal circulation of electronic means of payment. Due to the significant increase in the number of persons involved as intermediaries in the transfer and cashing of stolen funds, the Government of the Russian Federation has developed a draft law aimed at tightening criminal liability for participation in illegal financial transactions. This document provides for the establishment of penalties for the transfer of electronic means of payment for the purpose of carrying out illegal transactions, for carrying out such operations at the direction of another person, as well as for the acquisition or transfer of electronic means of payment by persons who are not customers of the bank. The introduction of the norms listed in the draft law should help reduce the number of crimes registered in this area.
Introduction. In 2025, legislative innovations aimed at combating mediation in the transfer and cashing of stolen funds came into force. Credit institutions have been granted the right to suspend the use of bank cards and electronic means of payment of customers and the database of the Central Bank of the Russian Federation if they are suspected of involvement in fraudulent schemes. However, due to the rapid increase in the scale of illicit trafficking in electronic means of payment, the measures taken were clearly insufficient to effectively combat this phenomenon. Methods. In the course of the research conducted by the authors of the article, a general scientific dialectical method of cognition of the surrounding reality was used, which presupposes a complete and comprehensive study of phenomena, consideration of connections and contradictions between them. In addition, methods of description, abstraction and generalization, and the statistical method were used. Results. The article discusses measures taken to combat illicit trafficking in electronic means of payment, including amendments to legislation and the introduction of an online transaction monitoring system. There is a reduction in the use of payment cards by criminal legalizers and their transition to offline methods due to increased anti-fraud protection of the banking system. The article analyzes the problem of impunity for fraudsters who involve citizens in the illegal circulation of electronic means of payment. Due to the significant increase in the number of persons involved as intermediaries in the transfer and cashing of stolen funds, the Government of the Russian Federation has developed a draft law aimed at tightening criminal liability for participation in illegal financial transactions. This document provides for the establishment of penalties for the transfer of electronic means of payment for the purpose of carrying out illegal transactions, for carrying out such operations at the direction of another person, as well as for the acquisition or transfer of electronic means of payment by persons who are not customers of the bank. The introduction of the norms listed in the draft law should help reduce the number of crimes registered in this area.
Keywords:
cashing of stolen funds, electronic means of payment, involvement in fraudulent activities, mediation in cashing, countering fraud, criminal liability
cashing of stolen funds, electronic means of payment, involvement in fraudulent activities, mediation in cashing, countering fraud, criminal liability
