ABOUT CONSTITUTIONAL “EQUALITY” OF PROTECTION OF ALL FORMS OF PROPERTY IN THE RUSSIAN CRIMINAL LEGISLATION
Author(s): Dosyukova Tatiana Viktorovna
Rubric: Criminal law and criminalistics
Release: 2019-1 (19)
Keywords: property, sanction, law, criminal liability, fraud, victim, public danger
Annotation: The article deals with the issues of non-compliance of criminal law on liability for fraud with the constitutional Declaration of equality of protection of all forms of property and the principle of equality of citizens before the law. The author examines the sanctions of criminal law norms providing for responsibility for various types of fraud, and points to the lack of their adequacy to the public danger of crimes of this type. The question is raised as to the fairness of establishing different levels of significant, large and particularly large damage to “ordinary” fraud and fraud involving deliberate non-performance of contractual obligations in the field of business. Using a systematic method of research, using the etymology of some concepts, the author draws attention to the inequality of protection of property of legal entities – banks and legal entities – credit institutions with state protection of property of other victims. Violation of the principle of equality of citizens before the law and equality of protection of all forms of property in fraud against the insured citizen by the representative of the organization-the insured is stated. It is concluded that it is necessary to further improve the criminal law and law enforcement practice in cases of fraud.
Bibliography: Dosyukova TA.VI. ABOUT CONSTITUTIONAL “EQUALITY” OF PROTECTION OF ALL FORMS OF PROPERTY IN THE RUSSIAN CRIMINAL LEGISLATION // Jurisprudence. – 2019. – № 1 (19). – С. 84-88. doi: 10.21777/2587-9472-2019-1-84-88