Annotation

The work is devoted to studying the problem of forming an evidence base sufficient to establish the intent to commit crimes in the field of lending. During the study, it was established that the absolute majority of acts associated with the illegal receipt of funds under a previously concluded loan agreement do not receive the proper criminal-legal qualification, and the perpetrators avoid liability for their commission. Such a decision is justified, as a rule, by the presence of exclusively civil-law relations between the parties, which excludes criminal liability of the debtor. Based on the results of the study, a justification is presented for a set of typical actions of the debtor, the establishment of which proves the fact of intent to commit a crime under Art. 1591 or 176 of the Criminal Code of the Russian Federation.