CURRENT DIRECTIONS OF CRIMINAL POLICY IN THE FIELD OF ANTI-FRAUD: A GENERAL CRITICAL ANALYSIS

Abstract

The relevance of the direction chosen for research is multifactorial. First, there is a steady increase in attacks on property by deception or abuse of trust. Second, the emergence of new forms of fraudulent activities requiring a symmetrical response from government agencies. Third, the offensive, not always error-free development of criminal policy in the form of the creation of new legal and technical mechanisms to counter the considered type of criminal deviant behavior of selfish orientation. All this prompted us to identify and consider the most significant methodological problems in the area taken for research in the form of their demonstration, as well as proposals for directions for their solution. The first criminal law flaw in the state strategy in the fight against fraud is the fallacy in the systematization of the crimes reflected in Art. 159-159of the Criminal Code of the Russian Federation. The substitution of the significance of public relations protected by the norms included in these articles caused the imbalance in the Special Part of the Criminal Code. RF. The second methodological problem is the imbalance in the cost criteria of Art. 159-159of the Criminal Code of the Russian Federation, which form the basis for their criminalization and differentiation. The third problem is the fact that there are separate elements of fraud with their fixation in separate articles of the Criminal Code of the Russian Federation, depending on the areas of encroachment. In the article, on the basis of the conducted critical analysis and the presented argumentation, directions for resolving the noted methodological problems, theoretical, applied and legislative format, are proposed.