Implementation of the european union recommendations on strengthening the criminal liability for offences in the provision of payment services

Abstract

The transition of an increasing number of social relations into the virtual space and the intensive development of information technology is accompanied by the emergence of new illegal phenomena, in particular, of a criminal law nature, which requires appropriate legal regulation. Recently, the number of infringements on public relations in the field of electronic payments has significantly increased, including by issuers of electronic wallets. This trend creates a threat to any state that encourages the international community to develop appropriate norms that should be implemented in national legislation to bring it closer to international standards. Currently, active work is underway to strengthen criminal liability in Ukraine for violations in the provision of payment services, considering the recommendations of the European Union. The purpose of the study is to analyse and develop conclusions on the advisability of implementing the recommendations of the European Union in the national criminal legislation regarding the tightening of sanctions for criminal offences committed in the field of providing payment services using non-cash means of payment. Methodological tools are selected in accordance with the goals set, the specifics of the object and the subject of the study. The study used the general dialectical method of scientific knowledge of real phenomena, their connection with prosecution for criminal offences, and general scientific and special methods of legal science. The scientific position is argued that the proposed changes to the Criminal Code of Ukraine by introducing liability for illegal actions with electronic money are formulated in such a way that it allows enforcing such a rule. According to the current legislation, it is determined that in the presence of a license to provide payment services, certain legal entities have the right to issue electronic money, in particular: banks, branches of foreign payment institutions, electronic money institutions, postal operators, the National Bank of Ukraine, state authorities and authorities local self-government. Considering that all the listed persons are legal, they are not the subject of a criminal offence, including for violations in the field of payment services. The inconsistency of national legislation with the requirements of international standards on the criminalisation of certain acts committed in the field of payment services necessitates further study and the development of recommendations for harmonising the current legislation.