The object and the subject of fraud in insurance

The Federal Law of November 29, 2012 no. 207 "On Amendments to the Criminal Code of the Russian Federation and Certain Legislative Acts of the Russian Federation" added a number of new offenses to the Criminal Code of the Russian Federation, including Art. 159.5 of the Criminal Code "Fraud in the Insurance Industry". Insurance means "attitude to protect the interests of individuals and legal entities, of the Russian Federation, subjects of the Russian Federation and municipal entities upon the occurrence of certain insurance claims due to monetary funds formed by insurers from paid insurance premiums (insurance fee), as well as by other funds of insurers". The conclusion of this definition is that the scope of insurance as an object of criminal law protection is one of the components of the economic sphere of social relations. The direct object of fraud in the insurance industry is public relations in the sphere of protection of the powers of insurers to own, use and dispose of property belonging to them by the right of ownership. It is established that for the purposes of criminal law theory two key attributes of the insurer are essential: the legal form of a legal entity and the license for insurance activity received in accordance with legislation. It is noted that there is a point of view that the direct object of fraud in the insurance industry is property relations and the additional object relations in the field of insurance. The author does not agree with this statement based on a number of arguments. In view of the circumstances discussed, it is concluded that the object of the crime responsibility for which is provided by Art. 159.5 of the RF Criminal Code must be the property of the insurer. At the same time, the disposition of the analyzed legal norm contains the phrase "other people's property". This wording is recognized as justified when there are different variations of the subject of the crime. In case of fraud in the insurance industry, the subject of crime is strictly defined and does not imply a different object other than the assets of the insurer. The author makes a substantiated conclusion about the desirability of changing the disposition of Art. 159.5 of the RF Criminal Code by replacing the phrase "people's property" to "property of the insurer".

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