Peculiarities of Criminal Liability for Manufacture, Storage, Transportation or Sale of Counterfeit Money or Securities: Domestic and Foreign Experience

Emphasis is placed on the social conditionality of criminal liability for the manufacture, storage, transportation or sale of counterfeit money or securities. Attention is drawn to the features of the signs of elements (objective and subjective sides) of the corpus delicti, which form the act we are analyzing under the Criminal Code of the Russian Federation and a number of foreign Criminal Code in countries belonging to the Romano-Germanic (Germany, Denmark and Switzerland) and post-socialist legal families (Republic of Kyrgyzstan, Republic of Kazakhstan, Republic of Belarus, Turkmenistan, Republic of Azerbaijan, Ukraine, Republic of Latvia). The goal is to analyze the general and distinctive features that characterize the act in question through the prism of comparative legal research. The study concluded that there are differences in the technical and legal design of norms. Special attention is paid to the fact that in the current Russian criminal law, unlike the laws of some foreign countries, there are no such signs of the objective side of a crime as sending counterfeit money; import of counterfeit money from abroad; purchase of clichés, specialized paper, etc. for the production of items of corpus delicti. It is concluded that, according to judicial practice, these actions are qualified under Art. 186 of the Criminal Code of the Russian Federation, but at the same time, the domestic legislator needs to analyze the feasibility of reflecting in it such alternative qualifying signs of the objective side of this crime as: importing from abroad and sending counterfeit money or securities.