Criminal law analysis of fraud as a form of theft of other people\'s property: history of development, concept, types, and features of qualification under Russian criminal law.

In the system of crimes against property, fraud as a form of theft of other people's property, occupies one of the central places. According to the statistics of the state of crime provided on the website of the Ministry of Internal Affairs of the Russian Federation, the share in the structure of crimes against property in the form of fraud from the total number of crimes for 2020 is 16.3 % . Moreover, the analysis of official data for the period from 2015 to 2019 suggests a growing trend in the share of the number of crimes against property in the form of fraud from the total number of crimes against property. According to statistics of the Ministry of interior, the share of fraud from a number of crimes against property is in 2015 to 8.3% in 2016 to 9.7 per cent in 2017 is 10.8% , 2018 – 13.5% , in 2019 and 12.3% . According to A. A. Ugine, "to date, the relevance of the anti-fraud did not decrease, but rather increased. This crime is currently characterized by exceptional diversity, adaptability, dynamism and the ability to modernize depending on the scope of penetration." The legal definition of the concept of "fraud" is included in the disposition of Article 159 of the Criminal Code of the Russian Federation. According to the lawmaker, fraud is " the theft of someone else's property or the acquisition of the right to someone else's property by deception or abuse of trust." Despite this, there are different approaches to understanding fraud in science, which is why the remark of A.V. Anistratenko is relevant, who claims that "there is no consensus in the scientific literature about the nature of fraud". Taking into account the legislative definition, it is safe to say that fraud, being a form of theft of other people's property, along with theft, embezzlement, embezzlement, robbery and robbery, has certain features and features that should be taken into account when qualifying the act, including the issues of distinguishing from these forms of theft, as well as from other related crimes. In addition, the legislator, in 2012, introduced special types of fraud into the Criminal Code of the Russian Federation, which are provided for in Articles 159.1-159.6 of the Criminal Code of the Russian Federation, which also required scientific understanding, including on the basis of the emerging practice of qualification. The purpose of the final qualification work is a comprehensive study of fraud, its types and characteristics of qualifications. The goal is to solve the following tasks: 1) to conduct a retrospective analysis of the norms of fraud of the pre-revolutionary period; 2) conduct a retrospective analysis of the norms of fraud of the Soviet period; 3) give a criminal-legal description of the objective signs of fraud; 4) give a criminal-legal description of the subjective signs of fraud; 5) consider qualified types of fraud on the objective side; 6) consider qualified types of fraud on the subjective side; 7) identify and consider the grounds for criminalizing special types of fraud; 8) consider special types of fraud according to the criterion of the scope of commission (fraud in the field of lending, fraud in receiving payments, fraud in the field of insurance); 9) consider special types of fraud by means of commission (fraud with the use of payment cards, fraud in the field of computer information); 10) identify the characteristics of the qualification of fraud and its special types; 11) to distinguish fraud from other related structures. This study was conducted as part of the study of the regulatory framework in order to identify the features of fraud as one of the most complex forms of theft. As a result of the study, the most relevant problems of qualification are identified and possible ways of solving them are proposed.