LEGAL REGULATION OF CRIMINAL LIABILITY AND PUNISHMENT FOR FRAUD IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2024_79_4_251Keywords:
fraud, deception, abuse of trust, theft, acquisitive crime, crime against property, qualification of fraud, criminal liability, punishment, criminal prosecutionAbstract
The article is devoted to the legal regulation of criminal liability and punishment for fraud provided for in Article 190 of the Criminal Code of the Republic of Kazakhstan.
The relevance of the chosen topic is caused by the fact that crime in the republic as a whole is characterized by a steady downward trend, as well as crime against property itself, but there is a tendency to a high increase in fraud in their structure. These circumstances are of concern to the Kazakh society, especially due to the increasing cases of theft of other people's property fraudulently or abuse of the owner's trust using various information technologies, which for the most part remain undisclosed and unexplored.
Based on this study, the shortcomings and imperfections of the legal regulation of fraud are shown.
The criminal law characterization of fraud as one of the forms of theft directed against someone else's property is given. The main, qualified and especially qualified fraud formulations are analyzed. A criminological analysis of fraud has been made.
The criminal legislation of the Republic of Kazakhstan on fraud and judicial practice in cases of fraud have been studied. The set of signs or legal properties of a criminal case of fraud has been studied, according to which the Kazakh legislator determines which body, in what order and in what time frame should conduct an investigation or inquiry on it.
A review of quantitative and qualitative indicators of registered criminal offenses against property contained in official statistical data has been conducted in the republic as a whole from the date of entry into force of the Criminal Code of the Republic of Kazakhstan from 2015 to the present. Various areas and methods of fraud, as well as its varieties, have been identified.
The problems of legal regulation of fraud regulations in the Republic of Kazakhstan are identified, as well as ways to solve them are proposed. The uncertainty of the rules of investigation of criminal cases of fraud is indicated by one or another body, whose competence includes conducting an investigation or inquiry on them. Attention is focused on the problems associated with the disclosure and investigation of fraud. The issues of fraud qualification and its correlation with civil law torts are raised.
