Problems with the application of the fraud rule in the field of lending

Abstract

The article discusses problematic issues of the application of the rule on fraud in the field of lending, which lead to incorrect qualifications and entail the cancellation or amendment of court decisions. Special attention is paid to the rules for qualifying fraud in the field of lending in collusion, 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 distinguishing between credit fraud and bank account theft, as well as between credit fraud and simple fraud. Despite the existence of clarifications by the Plenum of the Supreme Court of the Russian Federation on the qualification of complicity, including with a special subject, courts often make mistakes in their qualifications.