D. Pechegin

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

2018. No. 4. P. 181–165 [issue contents]
At the present level of development of the state and society, any relations regulated by laware 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 systemand its proper functioning are framed by the law that describes the system itself andregulates social relations within it, which was highlighted in the last anniversary reportof the Club of Rome. This is one of the philosophical mistakes that goes back to the ideaof Adam Smith that the boundaries of the market, law and morality coincide, and thatlaw and values represent only the background of these processes. Meanwhile, recentresearch in this area shows that an economic system’s functioning is limited by morefundamental rules — i.e., by law and morality. The monetary system plays no less of animportant role in this regard, as it is an essential component of the state in view of theinterrelationship and interdependence of a country’s national security and its socialand economic development. But, like any other relations regulated by law, monetaryrelations within the framework of this system are subject to protection by the state inorder to maintain a fluid balance (harmony); and the effectiveness of a national monetarymechanism, for which the legislative framework provides a wide array of measures,including criminal law. The subject of research is the system of monetary relations asan object of criminal legal protection. The purpose of this analysis is to discover whatcriminal legal mechanisms have been used to protect the domestic currency market inthe past, and what issues the monetary system is facing today. The article is preparedon the basis of a legal and technical analysis of legal norms, as well as comparativelegal and formal logical methods; i.e., the method of systemic analysis. According to theauthor, a historical analysis of the issue as framed will positively affect the developmentof a qualitative approach to resolving modern issues. The conclusion is that financialsecurity must comply with a tangible development of monetary relations and be adaptedto modern conditions, including those of criminal justice.
Citation: Pechegin D. (2018) Valyutno-denezhnye otnosheniya kak ob"ektugolovno-pravovoy okhrany: istoriya i sovremennost' [Monetary Relations as Object of Criminal Law Protection: History and Modernity]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 181-165 (in Russian)
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