The Problem of Criminological Conception of Insurance Crime
##plugins.themes.bootstrap3.article.main##
Abstract
The issue studied in the article concerns insurance crime. In order to reveal the content of this conception there are features of insurance analysed, concepts of insurance nature as well as notions of insurance met in various literature presented, definition of insurance is formulated. The authors restrict themselves to disclosure of conception of risk-based commercial insurance leaving unstudied insurance relations in the field of state social insurance or compulsory healthcare insurance, since this approach is more appreciated from the criminological point of view when relates to analysis of insurance crime. Otherwise the conception of insurance would be too abstract and, consequently, the results of criminological research regarding the causality of crimes in question as well as establishment of tendencies of insurance crime prevention would be less efficient and functional.
The article also provides for the review of conception of insurance crime found in literature. There is also stated that no one of those do not properly reveal the scope of illegal activity observed in the field of insurance thus prohibiting from comprehensive criminological analysis of this issue.
The authors have analysed the topic and came to the following conclusions. Insurance should be defined as an aggregate of closed relations of redistribution among participants of those, when the purposive fund is being populated from monetary contributions reserved for possible payout or compensation.
The scope (conception) of insurance crime should cover all intentional illegal activity committed with mercenary incentive, which infringe insurance relations violating proper functioning of insurance system, preventing from realization of insurance functions, undermining confidence of institution of insurance or otherwise causing losses to the participants of insurance relations.
The article also provides for the review of conception of insurance crime found in literature. There is also stated that no one of those do not properly reveal the scope of illegal activity observed in the field of insurance thus prohibiting from comprehensive criminological analysis of this issue.
The authors have analysed the topic and came to the following conclusions. Insurance should be defined as an aggregate of closed relations of redistribution among participants of those, when the purposive fund is being populated from monetary contributions reserved for possible payout or compensation.
The scope (conception) of insurance crime should cover all intentional illegal activity committed with mercenary incentive, which infringe insurance relations violating proper functioning of insurance system, preventing from realization of insurance functions, undermining confidence of institution of insurance or otherwise causing losses to the participants of insurance relations.
##plugins.themes.bootstrap3.article.details##
Section
Articles
This is an open-access journal, which means that all content is freely available without charge to the user or their institution. Users are allowed to read, download, copy, distribute, print, search, or link to the full texts of the articles in this journal without asking prior permission from the publisher or the author. This follows the BOAI definition of open access. Authors contributing to Jurisprudence agree to publish their articles under a Creative Commons Attribution 4.0 International Public (CC BY) License (applicable from 2025).
Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
