employee from 01.01.2007 to 01.01.2025
Volgograd, Russian Federation
UDC 343.72
Economic development, the growing complexity of economic relations, and the increasing quantity of normative regulation make their contribution to the crime situation in the country. It is primarily demonstrated by the number of crimes committed, traditionally dominated by property crimes. However, beyond purely quantitative changes, the quality of crime is also changing. In the sphere of criminal encroachments on someone else's property, a new form of theft has appeared, characterized by the criminal's abuse of the right to judicial protection, when someone else's property (or the right to it) is seized by a court order. The criminal achieves such result by effectively deceiving the court. According to existing judicial practice, such encroachments are classified under Article 159 "Fraud" of the Criminal Code of the Russian Federation. However, this law enforcement decision contradicts the principle of legality. It is based on a broad interpretation of Article 159 of the Criminal Code of the Russian Federation. Specifically, deceptive influence on persons other than the owner (legal possessor) of the stolen property, even if the victim understands the criminal nature of the incident in detail, can't constitute a fraud. Such method of theft also can't be recognized as a deceptive one because the recipient of the deceptive influence is an official (a judge) specifically authorized to counter such deception and to be prepared for it psychologically and professionally. Consequently, to fight such encroachments is not to expand the scope of Article 159, but to add a prohibition on this new form of theft to Chapter 21 of the Criminal Code of the Russian Federation.
broad interpretation, deception of the court, fraud, form of theft, falsification of evidence, judicial practice, legal source of law
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