Author

Urakov D.I.

Title of article

Fraud upon receipt of payments: requirements for proving

Section

Section 12. The problems of legal science and law enforcement practice: young researchers’ view

Issue, year

1 (35) 2016

Abstract

Russian criminal procedure policy of counteraction to fraud in the light of the changed criminal and criminal procedure legislation is analyzed. The main issue is the analysis of changes of criminal prosecution in cases of fraud upon receipt of payments. It’s proposed to remove the legislative measures restricting the activity of law enforcement bodies in the sphere of entrepreneurial and other economic activities that do not correspond to the current situation. This conclusion is due primarily to the fact that it’s difficult to establish the true intent to commit illegal receipt of payments without carrying out crime detection activities. The problems arising during proving on criminal cases about the fraud when receiving payments are analyzed. To identify fraudulent activity in the total mass of legitimate payments is rather complicated task that can be solved after involvement of the expert, and at the stage of reporting crime and carrying out crime detection actions. It’s argued that all the circumstances of the illegal receipt of payments can be established at the stage of preliminary investigation and at the same time be documented and get the status of evidence. Besides, during criminal prosecution it’s necessary to carry out actions aimed at the seizure of documents which can contain the information about fraudulent activity. These circumstances indicate the erroneous decision of the legislator to transfer fraud crimes to the category of cases of private-public prosecution. All types of fraud should be returned to the list of crimes prosecuted in public legal order.

Keywords

criminal procedure policy; criminal prosecution; entrepreneurial and other economic activities; fraud upon receipt of payments; criminal procedure proving; investigation of criminal cases.