On the question of characteristics of the subject of fraud using electronic means of payment

The authors of the article pay attention to the characteristics of the subject of fraud using electronic means of payment in criminal law, in theory and law enforcement practice. Based on the analysis of the doctrine of both criminal and civil law, amendments to the Criminal Code of the Russian Federation, clarifications from the highest court, materials of specific judicial practice related to the consideration of qualification issues, including fraud, under Art. 159.3 of the Criminal Code of the Russian Federation, the main problematic aspects are established in terms of understanding the features of the subject of the crime. Based on the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court “On judicial practice in cases of fraud, misappropriation and embezzlement” additional clarifications that reveal the subject of the crime under Art. 159.3 of the Criminal Code of the Russian Federation. Such provisions will contribute to uniformity in law enforcement activities, help to avoid errors in the qualification of fraud using electronic means of payment.