Annotation

The article, based on an analysis of theoretical principles and law enforcement practice, defines the classification of fraud committed in the field of shared housing construction. It is determined that the main difficulty faced by law enforcement agencies and the court in qualifying this type of theft is the distinction between Part 4 of Article 159 of the Criminal Code of the Russian Federation (fraud in the field of residential real estate) and Article 200.3 of the Criminal Code of the Russian Federation (attracting citizens' funds in violation of the requirements of the Russian Federation legislation on participation in shared construction). The need for a comprehensive approach to qualification, with mandatory consideration of the subjective elements of the offense, is noted. In the case of fraud, the perpetrator of the crime initially does not intend to fulfill the obligation that served as the basis for concluding the shared construction agreement. In order to legally consolidate the specifics of the subjective side of the crimes in question, it is proposed to supplement Article 200.3 of the Criminal Code of the Russian Federation with a reference to the criminal intent of «extracting benefits and advantages for oneself or others».