FRAUDULENT USE OF ELECTRONIC PAYMENT INSTRUMENTS

In the last few years, the number of frauds with electronic payment instruments increases. It is caused by the possibility to withdraw money from plastic cards through the use of various facilities without personal identification. The author carried out the analysis of theoretical and practical issues of application of criminal law on the liability for fraudulent use of electronic payment instruments. The analysis shows and assesses the gaps in the structure of criminal elements under the study, offers legislative methods for their correction. The author analyzes the points of view of Russian scientists concerning the understanding of the term “electronic payment instrument” and its types, formulates the attitude of relative recognition of gift cards and certificates giving the right to buy goods for the amount equivalent to their cost as a payment instrument. The study focuses on the interpretation of a subject of fraudulent use of electronic payment instruments, demonstrates practical examples of bringing the perpetrators to responsibility. The author considers the scientists’ opinions concerning the issue of classification of action of a fraudster who pays in a shop with a stolen plastic card through the noncontact methods of payment. The paper reveals the problems of the application of changed criminal law standards concerning the responsibility of perpetrators. The author concludes on the necessity of additional explanation on the issues relating to the delimitation of allied and competing fraud elements, on the absence of specifics in understanding and application of the considered criminal law norm in current reality, as well as on the necessity of reforming of this norm.