Business as an Indication of the Objective Side of Fraud as Provided in Parts 5-7 of Article 159 of the Criminal Code of the Russian Federation

Abstract

The article deals with the problem of establishing the content of the term "business" as the constitutive sign of fraud, which is set forth in Art. 159 Part 5-7 of the Criminal Code of the Russian Federation. The author examines the perspective of researchers, the provisions of the law and judicial practice. The author justifies the conclusion that when interpreting the term "business" law enforcers should refer to the definition of the term "entrepreneurship", which is given in p. 1 of art. 2 of the Civil Code of the Russian Federation. The article notes that in order to improve the quality of law enforcement forensic investigative authorities need additional guidance, making it possible to differentiate between an overall elements of fraud and fraud committed in the sphere of entrepreneurial activity. On the basis of court practice on applying the rules on liability for business fraud and criminal law doctrine the author formulates criteria influencing the settlement of the question of the existence or absence of a feature of "entrepreneurial activity" in classification of fraudulent attacks.