The object of fraud in entrepreneurial activity

The article deals with the object of fraud in entrepreneurial activity (Article 159.4 of the Criminal Code of the Russian Federation). The author outlines the content of generic and direct objects of crime. The definition and disclosure of the content in the object of fraud in entrepreneurial activity are based on the general theoretical provisions of Russian criminal law relating to the object of crime. The generic object of crime can be understood to be the group of congeneric social relations infringed by the crimes provided, for example in the articles of one of the chapters, constituting the Special part of the Criminal Code. The author comes to the conclusion that the generic object of fraud in entrepreneurial activity coincides with the generic object of embezzlement and he defines the former as the social relations of property irrespective of its forms; the relations connected with the production, distribution, exchange and consumption of material wealth. The property relations correspond to both the generic object of all crimes against property and the direct object of each of them including the fraud in the entrepreneurial activity. The direct object of fraud in entrepreneurial activity is characterized by some additional, specific features, stipulated by the content of actions in the objective content of fraud in entrepreneurial activity. The author points out the following features which individualize the relations of property as the direct object of fraud in entrepreneurial activity against the generic object of crimes against property: 1) relations are connected with the order of distribution of material wealth; 2) relations are connected with property or the right to property; 3) relations are formed in the course of entrepreneurial activity. The author concludes that the direct object of fraud in entrepreneurial activity is represented by the social relations of property which are connected with the order of distribution of material wealth in the state, with property, or the right to property, in the course of entrepreneurial activity. The definition of the direct object as the social relations in entrepreneurial activity helps to draw a line between fraud in entrepreneurial activity and other kinds of fraud.

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