ORGANIZATION OF ACTIVITIES TO ATTRACT FUNDS AND (OR) OTHER PROPERTY (ARTICLE 172.2 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION): ON THE ISSUE OF DISCRIMINATION AGAINST FRAUD

Bykov A. V.

The article is devoted to the study of the issue of distinguishing the corpus delicti provided for in Article 172.2 of the Criminal Code of the Russian Federation from the corpus delicti of fraud. Based on the analysis of some signs of theft, the author formulates a conclusion about the absence of illegality of the seizure of property in the funds of a financial pyramid, provided there is no deception. The criterion of differentiation of competing elements of crimes is proposed, which is based on a combination of circumstances of the objective and subjective sides of the crime. The conclusion is formulated that deception, as a way of attracting property, is an indicator of the intent to steal money and (or) other property.

Keywords:financial pyramid scheme, organization of activities to raise funds, fraud, qualification of crimes, delineation of competing crimes