The subject and objective side of fraud connected with misappropriation of the resources of maternity (family) capital

The problems of classification of fraudulent ads ranneded with misappropriation of the resources of maternity (family) capital The present artide deals with some pradrcal problems of dassifrcation of illegal ads ranneded with the ralledion of maternity (family) capital; illegal receipt of maternity (family) funds diredly by a maternity (family) capital certificate holder and illegal receipt of maternity (family) funds with ram-plidty of either a lending institution or any other organization staff members Maternity (family) capital as a legal notion was introduced by the Federal law 29.12.2006 № 256-ФЗ “On the supplementary measures of state support of families having сЫИгсп”. Alongside the adoption of this law the problem of illegal receipt and use of maternity funds acquired the all-Russian scale. Despite the fad that the history of struggle against illegal operations with maternity capital extents back over 6 years their diminal legal qualifrcation is not undifferentiated and this results in ransider-able difficulties for law enforcement agendes and ^uris. The purpose of the present artide is to study both the maternity (family) capital as a possible sub-jed for fraud and the objedive side of dimes ranneded with misappropriation of the resources of maternity (family) capital by fraud. On the basis of the provisions of the above Federal law and a number of subordinate ads the author gives a detailed analysis of a legal definition of maternity (family) capital, determines additional characteristics of maternity (family) capital being of importance for diminal legal qualifrcation of ads ranneded with misappropriation of these funds. The author rames to the condusion that the misappropriation of maternity (family) capital is possible only in the case of adive deceit and it the Russian Federation that suffers material damages.

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