To the question of qualification of separate economic crimes in the sector of housing
Автор: Potapkin S.N.
Журнал: Вестник Алтайской академии экономики и права @vestnik-aael
Рубрика: Юридические науки
Статья в выпуске: 4-1, 2020 года.
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The article analyzes the rules for the qualification of economic crimes committed in the process of housing and communal services organizations. Basically, these crimes are associated with theft and abuse in relation to the funds received in the accounts of management companies for the provision of housing services. The qualification of these crimes is difficult and gives rise to discrepancies in judicial investigative practice. Not all funds transferred as a payment for housing and communal services belong to management companies. Most of these funds are subject to subsequent transfer to the accounts of resource-supplying organizations. The accounts of management companies in this case are used as intermediary. During the period when these funds are in the accounts of management companies, prerequisites are created for their theft and abuse by the management of these companies. Illegal actions in relation to these funds may form signs of various elements of economic crimes. The article analyzes the judicial practice of applying the 1996 Criminal Code of the Russian Federation in qualifying economic crimes in the housing and utilities sector, primarily embezzlement and related offenses, discusses problematic and controversial aspects of the qualification of these crimes, including those related to competition, art. Art. 159, 160, 165 and 201 of the Criminal Code.
Payments, management company, resource supply organization, misuse, damage, fraud, misappropriation, embezzlement, abuse of authority
Короткий адрес: https://sciup.org/142223494
IDR: 142223494 | DOI: 10.17513/vaael.1067