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Differentiation of the Criminal Liability for Fraud

Student: Nikita Radostin

Supervisor: Alexander Viktorovich Kozlov

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Final Grade: 9

Year of Graduation: 2016

This graduation qualification work is devoted to analysis of differentiation of criminal liability for fraud in the Russian Federation. The relevance of the work is due to the significant changes that have undergone criminal liability for fraud. In the previous five years six new articles have appeared, one of which is now no longer valid for the previous five years in the Criminal Code, as it was declared unconstitutional. In addition, the sharp increase in cases of fraud committed this crime requires research in order to develop ways of dealing with it. Differentiation of criminal liability is analysed as one of the methods of criminal policy. The subject of this work are the criminal norms establishing criminal liability for fraud, as well as the official interpretation of those norms by the Plenum of the Supreme Court of the Russian Federation and their evaluation for compliance with the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. The theoretical base of research is represented by the works on criminal policy written by A.I. Korobeeva and I.A. Ismailov, as well as studies of the criminal liability of differentiation L.L. Kruglikova and A.V. Vasilevsky. In addition, various publications devoted to the analysis of fraud and compared its various compositions have been used. Scientific novelty of the graduation qualification work is a complex study of differentiation of criminal liability for fraud, which was not undertaken by anybody after serious changes in legislation. In addition, it was analyzed projects of Federal Laws under consideration in the State Duma of the Federal Assembly of the Russian Federation. Basing on a study of legislation, project of laws, enforcement practice, and scientific publications we concluded the need to further improve the differentiation of criminal liability for fraud as an effective method of criminal policy.

Full text (added May 24, 2016)

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