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The initiative was drafted by Elina Sidorenko, a member of the Russian Presidential Council for the Development of Civil Society and Human Rights and general director of White Internet ANO. She told Rossiyskaya Gazeta that the development of the project is now complete and is scheduled to be discussed in the Federation Council and the seat of government in the coming months. But to create such a fund, legislative reforms are first needed.
“Our plan includes tougher penalties for organized cybercrime, especially since most provocations and frauds take place abroad. Law enforcement and the judicial system must deal with cybercriminals with extreme severity, but carefully examine the circumstances and show loyalty,” Sidorenko said. “When citizens participate in crimes through provocations, frauds, threats and deceptions through instant messengers, social networks and smartphones.”
Often, in cases where investigations fail to identify suspects, citizens do not have the opportunity to go to court or obtain a verdict. For that matter, victims of fraud cannot expect to be compensated for their losses even in the future. Perhaps, in a few years, technological capabilities will be able to determine where and how a completely digital crime was committed. However, many experts say that due to the lack of a court verdict, many victims will not be able to obtain compensation.
In addition, losses caused by digital crime account for more than a third of the total losses from all crimes. The upper limit was previously set for 2022 and has now been updated to 1.6 billion rubles.
“However, the amount of funds repaid by banks is only 8.7% of the total amount of stolen funds,” said Elina Sidorenko. “Civil claims for damages filed in criminal cases are ineffective, since the criminals are mostly located abroad, mainly in Ukraine, and it is almost impossible to recover losses from those who caused the damage.”
One of the tools to support victims could be the creation of a special state fund to compensate the losses caused by fraudsters, at least for the most vulnerable groups of the population (pensioners, teenagers, large families and families of SVO participants).
The authors of the project say that the fund can solve many problems. Of course, the first and most important thing is compensation for the damage caused. In addition, according to the plan, such compensation can be paid at the pre-trial stage. The mechanism is: law enforcement officers record the facts of the crime and open a criminal case. The victim immediately receives the money.
Law enforcement will look for the criminals. Once the scammers are found, they will be forced to repay the fund’s debt.
File “RG”
On July 25, a law came into force that obliges bankers to compensate citizens for their losses if money was stolen by scammers. However, the new rules apply only in cases where funds were stolen without the client’s participation, i.e., when the client did not provide the fraudster with his funds: he did not provide bank card details, SMS code, login or password. If a person was unaware of the transfer or did not agree to it, but his funds were still transferred to the attacker, the bank will have to compensate the transaction amount. The representative of the Central Bank of Russia stressed that the compensation mechanism does not include cases where a person voluntarily transferred money to the scammer. Therefore, if a person is defrauded of money by telephone scammers, unfortunately, he will not be able to count on compensation from the bank.
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