APPROACHES TO DETERMINING THE AMOUNT OF DAMAGE IN FRAUDCOMMITTED IN THE SPHERE OF MONETARY AND CREDIT RELATIONS

Abstract

The article is devoted to the problem of determining the amount of damage in fraud in the field of crediting, which is topical for judicial and investigative practice. The authors explain the diversity of approaches to the understanding of damage in embezzlement structures by the confusion of two meanings of the term “damage”: damage as a feature of the structure and damage as harm (losses) caused to the victim as a result of committing a criminal offense, where the first affects the qualification of the deed, and the second - on the amount of recovery in favor of the victim. Taking into account the specific features of fraud in the field of lending, the authors propose to understand under the damage for the purposes of qualification the real damage caused by a criminal offense, equal to the amount of the principal debt under a bank loan agreement, while the remuneration due to the bank (lost profit) should not be taken into account.