Currently, a fairly well-developed lending system. Loans are taken by both citizens and entrepreneurs. Before making a decision on the issue of money, banks verify the accuracy of the information in the documents provided by the borrowers. 
Criminal Code
In Art. 176 of the Criminal Code of the Russian Federation establishes liability for the provision by the head of an organization or an individual entrepreneur of knowingly false information about the economic or financial situation, if this caused major damage. This composition is provided in part one. Part 2 of this article establishes a punishment for an entity that illegally obtained a state special-purpose loan, who used the funds provided for other purposes, if this entailed major damage to organizations, the state or citizens.
Sanctions
According to the first part of Art. 176 of the Criminal Code, the perpetrator may be assigned:
- Fine, the value of which is up to 200 thousand rubles. or makes a salary or other income of a person for a period of up to 18 months.
- Mandatory work. Their duration can reach 280 hours.
- Imprisonment up to 5 l.
- Arrest up to six months.
- Forced work up to 5 l.
If the act of the subject fall under Part 2 of Art. 176 of the Criminal Code, then he faces:
- A fine of 100-300 thousand rubles. or in the amount of the guilty income / salary for 1-2 g.
- Restriction of freedom for 1-3 g.
- Forced work.
- Imprisonment.
The duration of the last two sentences is up to 5 years.
Article 176 of the Criminal Code: comment
In the considered norm, there are 2 independent compositions. In the first part, the immediate main object of the crime is public relations in the credit sphere. The interests of banking and other financial organizations are highlighted as an additional object. The subject of the crime is credit. It acts as the basis of the contract with the service bank. This agreement sets forth the obligation of the financial institution to provide the borrower with funds on established terms and in the prescribed amount. The subject accepting the money, in turn, undertakes to return them and pay interest. The subject of a crime may be a preferential lending regime. The composition of the act under part 1 is material. The moment of completion of the crime is connected with the harm to protected interests. In this case, partial receipt of funds may take place.
Objective part
In order to qualify an act as illegal obtaining a loan, it must meet a number of conditions. In particular, funds should be taken by submitting to the banking structure deliberately false information about the financial or economic situation of the firm / individual entrepreneur. The second prerequisite for the composition is the fact of occurrence of major damage. Finally, in order to recognize the act as illegal obtaining a loan, it is necessary to establish a causal relationship between the actions of the subject and the consequences. 
Knowingly false information
Data on the financial condition or economic status of a person is the documentation that an organization or individual passes to the bank. It includes, in particular:
- Memorandum of association.
- Company balance sheet and so on.
Information in the documentation is considered false if it biases characterizes those indicators that are taken into account when deciding on a loan. The borrower himself knows about this and deliberately provides them.
Subjective side
It is characterized by the presence of intentional guilt. The subject is the head of the company or individual entrepreneur. The Central Bank regulations indicate that not only the director of the company, but also his deputy, as well as the chief accountant, can be guilty.In the case of establishing intent to obtain a loan out of selfish interests, the act should be considered as fraud.
Part two
Part 2, Art. 176 of the Criminal Code establishes a slightly different subject of assault. It acts as a loan in commodity or monetary form, which is provided by the institutions of the Central Bank for the implementation of any program. By design, the composition is considered material. A crime can be committed by illegally obtaining targeted funds or using them for other purposes. The first method involves unlawful actions similar to those indicated in part 1 of the article in question. Misuse of credit is an investment in programs that are not defined in the agreement as targeted. 
Additionally
In the composition established by the second part, there is no special indication of the subject. In this regard, any sane citizen may be guilty. You can be held accountable by an individual who has reached 16 years of age. The subject can be not only the head of the enterprise, but also a private person. Similarly to Part 1, when establishing intent to seize funds from self-interest, Art. 159, according to which the behavior of the perpetrator is qualified as fraud.
