SOME ISSUES RELATED TO THE DETERMINATION OF THE SUBJECT OF FRAUD IN ARTICLE 159 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
The paper deals with the classification of the object of fraud; defines the subject of fraud, its types and attributes; reveals the concept of «property» in terms of civil law. The authors investigate whether the right of foreclosure on the mortgaged property by the mortgage agreement can be a fraud subject. A specific situation is modeled, which analysis shows that we can not consider the above property right as a subject of fraud. According to a legal position, we cannot qualify as a fraud an action of a director of an organization appointed for this position on the basis of the decision of members’ meeting and working on the grounds of the employment contract and not being a founder of this organization, committed on the basis of constituent documents (contracts, claims work, etc.), in the absence of a proven personal interest (self-serving purposes).