Problems with the application of the fraud rule when receiving payments

Abstract

The article discusses problematic issues related to the application of the law on fraud in receiving payments, which lead to incorrect qualification and result in the cancellation or modification of court decisions. Special attention is paid to the problem of recognizing such acts as insignificant, as well as to the analysis of court decisions on this issue. The author analyzes the practice of courts of appeal and cassation and concludes that judges make mistakes when establishing the signs of theft, as well as when distinguishing between fraud in receiving payments and simple fraud. Despite the existence of the Supreme Court of the Russian Federation’s Plenum’s clarifications, courts often make mistakes in their qualification of the intent to commit theft.