In the Search of Unity of Judicial Practice in Fraud Cases

  • O. Dudorov Doctor of Law, Professor, Head of the Research Laboratory on Issues of Prevention, Termination and Investigation of Crimes by the Territorial Bodies of the National Police of Ukraine of the Luhansk State University of Internal Affairs named E. O. Didorenko, Sieverodonetsk, Ukraine;
Keywords: fraud, deception, abuse of trust, qualification, crime, unity of judicial practice, Supreme Court

Abstract

In connection with the judicial reform, the Supreme Court is the body, called to ensure the unity and consistency of judicial practice. At the same time, the body of decisions made by the Supreme Court of Ukraine on issues of unequal application of the same rules of the law on criminal liability in similar legal relations cannot but influence law enforcement as well. By disclosing certain controversial aspects of the criminal law characterization of the crime of «fraud», it is decided on how well the Supreme Court works with the relevant criminal law legacy. With the involvement of the achievements of the doctrine and the materials of the court practice, a number of disputed issues of qualification of the crime prescribed by Article 190 of the Criminal Code of Ukraine are considered: the distinction between fraud against theft, robbery and aggravated robbery, in which the guilty person can commit fraud (abuse of trust); determination of the moment of fraud termination as a crime with material structure; the relation of crimes stipulated by Articles 190, 191 of the Criminal Code of Ukraine; the possibility of committing indirect fraud, etc. Among other things, the position is argued about the expediency of a differentiated criminal-law assessment of actions of a person who uses fraud (abuse of trust) to obtain someone elseʼs property allegedly for temporary use. The problems of interpreting the criminal law provision related to fraud, which, in order to ensure the unity of judicial practice, should be the subject of consideration of the joint chamber of the Cassation criminal court of the Supreme Court or the Grand Chamber of the Supreme Court are specified.

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Author Biography

O. Dudorov
Doctor of Law, Professor, Head of the Research Laboratory on Issues of Prevention, Termination and Investigation of Crimes by the Territorial Bodies of the National Police of Ukraine of the Luhansk State University of Internal Affairs named E. O. Didorenko, Sieverodonetsk, Ukraine;

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How to Cite
[1]
Dudorov, O. 1. In the Search of Unity of Judicial Practice in Fraud Cases. Scientific Herald of the National Academy of Internal Affairs. 108, 3 (1), 80-97.
Issue
Vol 108 No 3 (2018)
Section
Legal regulation of law enforcement
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