PROBLEMS OF QUALIFICATION OF FRAUD IN THE FIELD OF INSURANCE WHEN SEPARATING FROM RELATED CRIMES
This article discusses the problem related to the qualification of fraud in the insurance industry (Article 159.5 of the Criminal Code of the Russian Federation) when separating from related crimes (Articles 159, 159.2 of the Criminal Code of the Russian Federation). For the correct qualification of fraud in the insurance sector, it is necessary to distinguish this crime from the signs of the main corpus delicti of fraud and special constituents of the crime of fraud. However, the resolution of the Plenum of the Supreme Court of the Russian Federation dated 30.11.2017 No. 48 "On judicial practice in cases of fraud, embezzlement and embezzlement" does not provide for the delineation of the signs of fraud in the insurance sector provided for in Article 159.5 of the Criminal Code of the Russian Federation from the main fraud composition (Article 159 of the Criminal Code), special fraud compositions (Article 159.2 of the Criminal Code of the Russian Federation), other crimes.