Particularly the Composition of Fraud in Business: a Retrospective Aspect

The composition of the fraud in the criminal law is the most powerful influence on people's attitudes related to the theft of another's property. Legal analysis of modern compositions fraud in the Criminal Code of the Russian Federation stands by the author as the main theme of this paper. Previously, there was only a general structure of fraud which says that the person who stole property or arrogated to itself the right to it by deception or abuse of trust is subject to criminal liability. A few years ago Russian legislator has introduced a new special (qualified) composition of the fraud in the sphere of entrepreneurial activity according to which, an entrepreneur who deliberately fails to perform the contractual obligations in the sphere of entrepreneurial activity subject to criminal liability. Because of this Constitutional Court`s decision today the criminal law relating to the regulation of the business of fraud is in limbo. In face of the Russian legislator today is the next question: regulate the business fraud with the help of simple composition of fraud or to introduce a new composition of fraud in business activities sphere. This situation is a precondition for the scientific discussion of the proper criminal regulation of the business fraud sphere. The relevance of the topic does not need deep scientific arguments in connection with the fact that entrepreneurial activity in Russia is very low and needs a proper state regulation immediately. The author of this paper believes that the choice of regulation should be taken into account the economic situation of the country, quantity and quality of entrepreneurial activity. The legislator could never adjust constantly developing ways of business fraud, so he should set the abstract (general) composition.