DECEPTION: ITS ESSENCE AND RELATIONSHIP WITH FRAUD

Abstract

The article emphasizes that the problems of prevention and investigation of illegal actions related to deception (fraud) at different times attracted the attention of scientists from different fields of knowledge. In addition, the legislator directly provided for deception as a method of committing a crime in a number of articles of the Special Part of the Criminal Code of Ukraine. It is emphasized that, despite the determination of the term «deceit» by the Plenum of the Supreme Court of Ukraine, there is still no consensus in the unity of views regarding the etymological and substantive content of deception. In addition, both the term «deceit» and the term «fraud», which is based on deception, appear numerous times in the Criminal Code. At the same time, illegal actions committed by fraud are mentioned not only in Chapter VI «Criminal offenses against property», but are also covered by other clauses. The question of why the legislator, simulating similar manifestations of socially dangerous behavior of certain subjects, when constructing a legal norm, in some cases uses the term «deceit» and in others – the term «fraud» is investigated. It is noted that actions aimed at fraudulently acquiring property (property rights), other material objects or services from a person should be considered as committed by fraud. Emphasis is placed on the need to unify some phrases that are based on deception, which is synonymous with the term «fraud». At the same time, compositions that do not deal with fraudulent theft, seizure of property (property rights), material objects or services cannot be committed by fraud and do not require changes to the current version. We are talking about warehouses where deception is used to prevent the exercise of the right to vote, to violate the equality of citizens, to avoid military service, etc.