Features of the Commission of Fraud, Coupled with the Failure to Comply with the Provisions of a Civil Contract

Togaibaeva Sholpan Sericbaevna, M. S. Yelyubayev, N. Aikumbeckov, Amir I. Togaibaev, Talgat A. Khanov

2019

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DOI 10.5539/jpl.v12n3p69
Data confidence 70 medium
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Abstract

The relevance of the study due to the need to consider the composition of a criminal offense in the form of fraud under the laws of the Republic of Kazakhstan. New market relations and insufficient legal regulation of certain aspects have expanded the offenders' ability to use the imperfections of legal norms for their own mercenary purposes. The difficulties arising in practical activities necessitate the clarification of controversial issues and the development of sound recommendations for the correct qualification and delimitation of fraud from other legal relations. Based on the study of practical examples of individual forms of fraud, the need for a differentiated approach to qualifications and the establishment of responsibility for fraud is indicated. The main content of the article is aimed at identifying and disclosing the basic concepts that determine the content of the considered offense and highlighting the main forms of deception that ensure the offender to achieve a criminal result. The objective and subjective characteristics of the composition of fraud are investigated, the features of establishing individual qualifying characteristics are considered. The main method of research used a comparative legal analysis of domestic legislation, used statistical data and the results of a survey of law enforcement officers. The article touches upon the problem of non-fulfillment of contractual obligations as a sign of fraud in the business sphere. Identified and investigated some signs of the objective side of fraudulent activity, in which as a cover for illegal actions, the use of civil law contracts that facilitate the commission of fraud is used. It justifies the conclusion that, taking into account the signs of the objective side, the moment of the end of fraud, coupled with non-fulfillment of contractual obligations, is different from the moment of the end of the usual fraud. Article materials may be valuable for practitioners of pre-trial investigations in terms of scientifically based proposals and recommendations on the qualification of typical fraudulent acts veiled under a civil law transaction.