THE ISSUE OF QUALIFICATION OF FRAUD AND ITS DIFFERENTIATION FROM SOME OTHER RELATED CRIMES

In order to achieve perfection in the activities of authorized persons of judicial and law enforcement bodies when considering within the competence of the issues of qualification of fraud and its differentiation from other related compositions of socially dangerous acts of property orientation (crimes against property), such as theft, robbery, embezzlement, causing property damage, the method of which are cheating or abuse of trust, this article deals with the qualification of public dangerous act - "Fraud" responsibility for which is provided by article 159 of the Criminal code of the Russian Federation and the key differences of this corpus delicti promoting the correct qualification (differentiation) of the specified types of crimes as causes relevance of the specified subject on which scientific works including are directed and on assistance to practical workers of law enforcement system of Russia in prevention, identification and disclosure of crimes against property. At the same time, the relevance of this topic is associated with a significant annual increase in the number of crimes registered by law enforcement agencies related to fraud and aimed at the criminal acquisition of property or rights to it. In recent years, the criminal legislation of the Russian Federation has been amended with regard to the introduction of new offences, the responsibility for which is provided for in articles 159.1-159.6 of the criminal code, and related to fraud in the field of credit, insurance and computer information, as well as when receiving payments using electronic means of payment[1]. The fact of the growing number of "sub-species" of fraud and related offences, improvement and sophistication of modern scams, job errors, practitioners of the law enforcement unit of the Russian Federation in detecting and investigating such crimes, and not infrequently arise between lawyers disputes about the qualification of the acts in this category, prepared this material. The article is a structured information data for law enforcement officers specializing in the investigation of this category of cases.

состав преступления, смежные составы преступлений, квалификация преступлений, имущество, право на имущество, хищение, обман или злоупотребление доверием, действие, бездействие, мошенничество, мошенник, крупный и особо крупный размер, соучастие