The object of fraud in entrepreneurship

The direct object of fraud includes property relations regardless of their form, as all forms of ownership in the Russian Federation are equally protected. Therefore, the definition of the direct object of fraud and other crimes against property depending on the form of ownership is artificial and has no legal significance for the classification of crimes and does not contribute to the specification of the direct object compared to the generic object. In this regard, the statements according to which some of the crimes against property can be directed either against the state property or against the private property, which are direct objects of crime in this case, are objectionable. Consequently, to divide the object of fraud into generic and direct it is necessary to determine the following points: what are the social relations against which the specified criminal assault is directed, what social relations it causes or is likely to cause damage to, what direct object of fraud against the property of legal entities the specific form of property defined by its ownership is, i.e. when the damage was caused to the property of a state enterprise, the direct object of the crime is the state property relations. In the case of the state and public property theft the damage is caused to one and the same object, which is the socialist property. A different statement would lead to the wrong conclusion that each of the articles of Chapter 2 of the Criminal Code of the RSFSR describes two types of crime that differ in their objects: for instance, Article 93 would provide for the theft by fraud of state property and of public property. Thus, the form of ownership is not a criterion that specify the direct object of fraud in relation to the generic object of crime against property. The direct object of fraud in entrepreneurship compared to the generic object in this group is characterized by additional specifying characteristics that depend on the content of action on the objective side of fraud in entrepreneurship.

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