The article is devoted to the analysis of individual provisions of the Draft Federal Law “On Amendments to the Criminal Procedure Code of the Russian Federation” (hereinafter referred to as the Draft), developed by the Ministry of Internal Affairs of Russia. The article describes the problem of disclosing and investigating remote thefts of funds from citizens’ bank accounts.Next, the author analyzes the relevance of proposals made by the Ministry of Internal Affairs of Russia to improve criminal procedural legislation in terms of supplementing the Criminal Procedure Code of the Russian Federation with a new investigative action “suspension of transactions with funds, electronic funds, advance payments”, as well as introducing changes to Part 5 of Article 165 of the Code in terms of the possibility of obtaining information about connections between subscribers and subscriber devices without issuing a preliminary court decision. Taking into account the analysis of existing law enforcement practice, the author proposes to supplement the Draft with a number of procedural actions, both at the stage of initiating a criminal case and at the stage of preliminary investigation.
proof, remote theft, suspension of transactions with funds, electronic funds, advance payments, obtaining information about deposits and accounts of citizens, legal entities and individual entrepreneurs in banks and other credit institutions
1. On the national payment system: federal law no. 161-FZ of June 27, 2011. Access from the reference legal system “ConsultantPlus” (accessed 20.08.2024). (In Russ.)
2. Criminal Procedure Code of the Russian Federation no. 174-FZ of December 18, 2001. Access from the reference legal system “ConsultantPlus” (accessed 15.08.2024). (In Russ.)
3. Review of reporting on information security incidents during funds transfers. Central Bank of the Russian Federation. URL: https://www.cbr.ru/statistics/ib/review_1q_2024/ (accessed 05.08.2024).
4. The state of crime in the Russian Federation for January — June 2024. URL: file:///C:/Users/o.buckova/Downloads/Sbornik.pdf (accessed 10.08.2024).
5. Criminal Code of the Russian Federation no. 63-FZ of June 13, 1996. Access from the reference legal system “ConsultantPlus” (date of access: 16.08.2024).
6. On Amendments to the Criminal Procedure Code of the Russian Federation: draft Federal Law (ID of the project 01/05/04-24/00147276). Access from the reference legal system “ConsultantPlus” (accessed 22.08.2024). (In Russ.)
7. On banks and banking activities: federal law no. 395-1 of December 2, 1990. Access from the reference legal system “ConsultantPlus” (accessed 10.08.2024). (In Russ.)
8. On communications: federal law no. 126-FZ of July 7, 2003. Access from the reference legal system “ConsultantPlus” (accessed 25.08.2024). (In Russ.)
