Social Determinants of Criminalizing Socially Hazardous Conduct by Banking Officials During the Execution of Their Functional Obligations

Abstract

This article examines the social conditionality of the criminalization of unlawful activities by banking officials as an important aspect of ensuring the state's economic security. The destabilization of the banking sector, particularly as a result of misconduct by persons vested with managerial authority, is capable of causing irreversible negative consequences that extend far beyond individual financial institutions. The purpose of this study was to identify distinctive features and systematize the social factors that determine the criminalization of socially dangerous activities by banking officials in the context of contemporary global and domestic challenges, particularly under conditions of martial law. The analytical methodology was based on a theoretical analysis of the concepts of criminalization and social conditionality, criminological and legal analysis of factors that provoke the criminalization of unlawful acts by the studied group of persons, as well as examination of empirical data, particularly regarding the consequences of the 2014-2016 banking crisis. The research findings demonstrate the existence of a complex of interrelated factors of social conditionality for criminalization, including: significant changes in the country's socioeconomic situation; increased demand for credit resources; deformation of value orientations in the banking sector; systemic deficiencies in control mechanisms; and the emergence of a favorable environment for abuse by officials. The conclusions confirm that the criminalization of unlawful activities by banking officials is a necessary prerequisite for the effective functioning of the national banking system. The high latency rate and the extent of harm caused necessitate prompt and effective state countermeasures against the studied destructive phenomena, establishing a justified level of criminal-legal protection of citizens' material interests and financial security in the sphere of banking activities.