Monetary Relations as Object of Criminal Law Protection: History and Modernity

Abstract

At the present level of development of the state and society, any relations regulated by law are a component of the system, which is either integral or seeks to become such. Equally, this thesis can be extended to monetary relations, presenting them as a special system. Structural elements of such a system are banknotes, their various denominations, procedures of their issuance, and organization of their circulation. However, this system and its proper functioning are framed by the law that describes the system itself and regulates social relations within it, which was highlighted in the last anniversary report of the Club of Rome. This is one of the philosophical mistakes that goes back to the idea of Adam Smith that the boundaries of the market, law and morality coincide, and that law and values represent only the background of these processes. Meanwhile, recent research in this area shows that an economic system's functioning is limited by more fundamental rules — i.e., by law and morality. The monetary system plays no less of an important role in this regard, as it is an essential component of the state in view of the interrelationship and interdependence of a country's national security and its social and economic development. But, like any other relations regulated by law, monetary relations within the framework of this system are subject to protection by the state in order to maintain a fluid balance (harmony); and the effectiveness of a national monetary mechanism, for which the legislative framework provides a wide array of measures, including criminal law. The subject of research is the system of monetary relations as an object of criminal legal protection. The purpose of this analysis is to discover what criminal legal mechanisms have been used to protect the domestic currency market in the past, and what issues the monetary system is facing today. The article is prepared on the basis of a legal and technical analysis of legal norms, as well as comparative legal and formal logical methods; i.e., the method of systemic analysis. According to the author, a historical analysis of the issue as framed will positively affect the development of a qualitative approach to resolving modern issues. The conclusion is that financial security must comply with a tangible development of monetary relations and be adapted to modern conditions, including those of criminal justice.