Problems of qualification of fraud using electronic payment means: theory and law enforcement practice

with the rapid development of digital technologies and their introduction into the financial sector, electronic payment means have become an integral part of economic relations, providing convenience of transactions. However, this has led to an increase in crimes related to embezzlement and has caused difficulties in the criminal law qualification of such acts. The relevance of the study is due to contradictions in distinguishing fraud using electronic payment means (Art. 159.3 of the Criminal Code of the Russian Federation), theft from a bank account (subpara. “g,” para. 3, Art. 158 of the Criminal Code of the Russian Federation), and fraud in the sphere of computer information (Art. 159.6 of the Criminal Code of the Russian Federation). The purpose of the work is to analyze theoretical and practical problems of qualification, to identify the causes of instability in judicial practice, and to develop recommendations for its unification. The study revealed key problems of competition between norms: vague criteria for distinguishing deception from covert theft, especially in cases of social engineering (phishing, vishing). An analysis of practice showed that courts often classify similar acts under different articles, which undermines the principle of legal certainty. Typical scenarios have been identified, such as using someone else’s cards in contactless payments or transfers made under deception, leading to contradictory decisions.

fraud, electronic payment means, qualification, Criminal Code of the Russian Federation, judicial practice