Scientific Journal of KubSAU

The article deals with the causes of the motivation growth among the population to commit fraud in lending. The article covers the problem of differentiation of a special type of fraud in the area of lending to the general composition of fraud under Art. 159 of the Criminal Code of the Russian Federation. Particular attention is paid to the analysis of the sanctions of Art. 159.1 of the Criminal Code. The author considers the problem of differentiation of criminal punishment for fraud in lending, which is stipulated by a special regulation in relation to Art. 159 of the Criminal Code. There is a proposed calculation of the fine, which should be based on the amount of the damage, and must be proportionate to it. The problem of distinguishing Art. 159.1 of the Criminal Code from the related elements of a crime under Art. 176 of the Criminal Code has been considered

The article covers the problems of the classification of the crime under Article 159.1 of the Criminal Code of the Russian Federation, and its delimitation from certain related offenses. The article analyzes a definition of the area of lending as well as the definition of a bank or any other lender. The article also analyzes a subject of a crime and the subjective aspect of a crime. The author pays special attention to the analysis of the ways (methods) used to commit fraud in the area oflending. The article considers the question of whether the known to be false or misleading information provided to a bank or other lender is the evidence for the crime stipulated by Article 159.1 of the Criminal Code of the Russian Federation. The article encourages the exchange of the opinions upon the problem of the application of the law on fraud in the area of lending. The author indicates the need for some changes in Article. 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of Russian Supreme Court, which will resolve difficulties in qualifying fraud in the area of lending