The perpetrator of fraud in entrepreneurship

Under the Federal Law of November 29, 2012 № 207-FZ "On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation", the Criminal Code of the Russian Federation was amended by adding novellas providing for liability for fraudulent acts committed in different spheres of activities. In particular, the criminal law was amended by adding Article 159.4 of the Criminal Code that provides for liability for fraud in entrepreneurship. The specified type of criminal assault is a kind of general fraud offence punishable under Article 159 of the Criminal Code of the Russian Federation. Thus, the elements of fraud in the sphere of entrepreneurship correspond to the general fraud offence (Article 159 of the RF Criminal Code) with the regard to the economic activity of entrepreneurship in which fraud is committed. The fraudster in entrepreneurship is, first, a sane natural person who has attained the age of sixteen years at the time of committing the crime. The problem is how legitimate it is to assert the age level of 16 years for the fraudster in the sphere of entrepreneurship. The criterion in this case is Article 27 of the Civil Code of the Russian Federation that regulates the institute of emancipation in the civil law. Under this Article the minor who has attained the age of sixteen can be deemed fully capable, if (s)he is engaged in enterprise activities upon consent of parents, adopters, custodians, or, if not such consent available, upon a court decision. This presupposes a special perpetrator - an emancipated minor businessman - as part of fraud in entrepreneurship. The commission of such criminal act is possible only in the sphere of entrepreneurship, which means that the fraudster in the sphere of entrepreneurship should have not only general features that can be referred to the perpetrator of any crime, but also additional features within the scope of entrepreneurship as a criminal assault. Thus, the analysis of the criminal law under Article 159.4 of the RF Criminal Code refers the fraudster in the sphere of entre-preneurship to special perpetrators of crime.

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