Features of the lens side assignments and expenditures made in financial and credit organizations

The objective side of appropriation and embezzlement in the banking sector involves the seizure, circulation of other people's money (assets) in favor of the guilty one, which means the rejection, separation of part of the money (assets) from their total mass, which is in the possession of the owner or owner. In the banking sector, funds are unlawfully seized to which the perpetrator (bank employee) had access. As a result of their withdrawal, they are removed from the ownership of the owner, separated from his other assets, like the assets of the bank, which deprives the owner of the actual opportunity to own, use and dispose of, and the bank - to store and manage monetary funds (assets) at its discretion. As a rule, in the banking sector, embezzlement becomes a continuation of appropriation, since the guilty person from the possession of funds passes to their illegal alienation, acting out of selfish motives. Embezzlement after appropriation should be considered a more serious act, which is advisable to take into account in the regulation of the punishment. It is proposed to consolidate in the Criminal Code of the Russian Federation a provision according to which successively committed appropriation, followed by waste, should be considered a qualifying feature of the latter. Also, criminal prosecution on the fact of misappropriation (including in the banking sector), as a crime against property, should be placed among those compositions where the case is initiated solely at the request of the victim (in this case, the bank).

appropriation, waste, objective side, bank, financial and credit organization