The subject of fraud in entrepreneurial activity

The article deals with the subject of fraud in entrepreneurial activity (Article 159.4 of the Criminal Code of the Russian Federation). The author presents the viewpoints of some scientists on the subject of fraud in entrepreneurial activity, emphasizes the lack of the unanimity of opinions on this crime and considers the characteristics of the subject of fraud in entrepreneurial activity. A sane person, who has committed a crime at the age of 16 or over, can be the subject of fraud in entrepreneurial activity. Besides age and insanity, some special subjects of crime are characterized by other criteria. Russian criminal law (Article 159.4 of the Criminal Code of the Russian Federation) does not imply that the subject of fraud in entrepreneurial activity is a special one. Taking into account that the commission of the above crime is possible only in entrepreneurial activity, the subject of fraud in entrepreneurial activity has some additional characteristics of this sphere of infringement. The author refers to the concept of entrepreneurial activity in Item 1, Article 2 of the Civil Code of the Russian Federation according to which: entrepreneurial activity is an independent, conducted at one's risk activity which is aimed at a systematic gaining of profit from the use of property, sales, work or rendered services by the legally registered entrepreneurs. The definition of the concept "entrepreneurial activity" emphasizes "additional characteristics" of the special subject of fraud in this sphere. Any individual entrepreneur can be found guilty of fraud in entrepreneurial activity if he has committed it within the frame of his entrepreneurial activity and (or) administration of his property. Those members of commercial organization management bodies who are involved in administration or in entrepreneurial activity can also be found guilty of fraud. This conclusion is supported by the current law enforcement practice. The author determines the notions of both an individual entrepreneur and a person -member of a commercial organization management body. The conclusion about the reference of the subject of fraud in entrepreneurial activity to the group of special subjects of crime is done on the basis of the analysis of Article 159.4 of the Criminal Code of the Russian Federation and established law enforcement practice.

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