SEPARATE ISSUES OF THE QUALIFICATION OF CRIMINAL OFFENSES AGAINST PROPERTY INVOLVED IN THE BANK ACCOUNT

Abstract

The article considers problematic issues that arise in the qualification of criminal offenses against property, the subject of which are non-cash funds in a bank account. In particular, it is about the criminal possession of bank payment cards and the disposal of the funds on them. The provisions of regulatory acts in the field of banking operations are analyzed, the concepts of bank payment instrument, bank payment card and bank payment application are considered. It was concluded that the most common types of payment instruments in Ukraine are a bank payment card and a payment application. The study of court decisions, which qualify the possession of bank payment cards and the disposal of funds on them, shows that the courts qualify such actions as fraud under Article 190 of the Criminal Code of Ukraine. In the case of criminal possession of a payment application and disposal of funds contained in it, the courts offer qualification under Article 185 of the Criminal Code of Ukraine “Thef”. A study of the positions of scientists on this issue shows that among them there is no unified approach to the qualification of the criminal possession of bank payment cards and the disposal of the funds that are on them. On the basis of the conducted research of judicial practice and the positions of scientists, an own version of the qualification of illegal acquisition of non-cash funds by obtaining access to a bank account using a payment instrument is proposed. It seems that the conclusions proposed in the article can be useful in further research on the qualification of criminal offenses against property.