Legal encyclopedia "MIP" » criminal lawyer » Article 159.2 - Fraud in receiving payments. Lawyer's comment
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Article 159.2 of the Criminal Code of the Russian Federation - fraud in receiving payments. Free answers from lawyers online.
The concept of fraud when receiving payments
In order to optimize the fight against fraud, the Criminal Code of the Russian Federation was supplemented in 2012 with six new articles (Articles 159.1-159.6 of the Criminal Code of the Russian Federation), providing for liability for committing fraud in various areas, including fraud in receiving payments (Article 159.2 Criminal Code of the Russian Federation).
In 2016, 162,654 cases of fraud qualified under Art. 159-159.6 of the Criminal Code of the Russian Federation, the number of registered crimes increased by 12.6% compared to the same period last year. Although fraud makes up a relatively small proportion of all crimes recorded in our country, the damage caused by these crimes is enormous.
Fraud, qualified under Art. 159.2 of the Criminal Code of the Russian Federation, is committed “upon receipt of payments.” Its mandatory additional object is financial relations in the social sphere (regular or one-time payments from the social insurance fund or the state budget, provided for by the legislation of the Russian Federation in order to provide social assistance measures).
To qualify the crime under consideration, it is of particular importance to establish its subject, which, based on the content of the disposition, is cash and other property that can be received in the form of social payments.
Other social payments are usually made in cash. In some cases, social support can also be provided in the form of providing property, material and technical resources for the construction of housing for young families within the framework of the federal target program “Housing”.
In the practice of applying Art. 159.2 of the Criminal Code of the Russian Federation, fraud with maternity capital funds has become the most common crime. It is necessary to distinguish between the illegal disposal of maternal (family) capital in violation of the requirements of Part 3 of Art. 7 of the Federal Law of December 29, 2006 No. 256-FZ “On additional measures of state support for families with children” by persons entitled to receive funds from maternity (family) capital, and fraud with such funds.
