Subject of fraud when obtaining payment

In the article the problem of definition of the subject of one of the special structures of fraud is considered introduced into the Criminal Code of the Russian Federation by the Federal law No. 207-FZ of November 29, 2012, Art. 159.2, which is fraud when obtaining payments. The necessity of researching of the problem is caused by the absence the common point of view on this matter in science. According to the author, the current situation reasons the usage by the authors of the bill and the legislator of a number of unsuccessful formulations developing the norm about the criminal liability for fraud when receiving payments. In the article the points of view of the scientists believing that the subject of this crime is special (A.V. Shesler, I.A. Aleksandrova, A.I. Plotnikov), and general (N.A. Kolokolov) are given. The analysis of each of the given points of view is made. The author of the article comes to the conclusion that the definition of the subject of fraud when receiving payments as special is not based on the law and unreasonably narrows the circle of people, amenable to the criminal prosecution under this article of the Special Part of the Criminal Code of the Russian Federation. The author of this article supports the opinion that the subject of this crime is general, i.e. that any sane individual who has reached the age of 16. For this justification the arguments are given that the law does not contain the direct instruction in P. 1 Art. 159.2 of the Criminal Code of the Russian Federation on the presence of the special subject or other instructions, which would give the grounds to limit the circle of people capable to commit this crime. To steal the money when making social payments in the ways specified in Art. 159.2 of the Criminal Code of the Russian Federation under certain conditions can be done by any person regardless of whether they have the right to such payments, whether the decision on social payment was made in their case or such a decision was not made, whether this person addressed the competent authority on their own behalf or not for payment receiving. From the author's point of view there are no bases to qualify the actions, on the one hand, according to Art. 159.2 of the Criminal Code of the Russian Federation, and, on the other hand, according to other articles of the Criminal Code of the Russian Federation that provide responsibility for fraud only depending on who committed these crimes, because these crimes have the same object and the same subject of criminal encroachment; larceny is made in similar ways; public danger of these crimes is absolutely identical under equal conditions. In the conclusion the author pays attention to the fact that by consideration of the question of the subject of fraud when obtaining payments he did not take into account the sanctions of Parts 1, 2 and 3 of Art. 159.2 of the Criminal Code of the Russian Federation existing now because the establishment in the specified norms of such low sanctions in comparison with the main structure of fraud is represented unreasonable both from scientific and practical points of view.

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