To the question of distinction of fraud and counterfeiting on an object

The authors define the main difference between fraud and counterfeiting based on subject matter. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice related to the consideration of the qualification of fraud with the use of counterfeit banknotes and counterfeiting, the main criteria of “substantial similarity” are established as characteristics of the subject of a crime under Art. 186 of the Criminal Code of the Russian Federation. 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 the manufacture or sale of counterfeit money or securities” additional clarifications that reveal the understanding of “significant similarities”. Such provisions will promote uniformity in law enforcement and help to avoid errors in the classification of crimes, such as fraud and counterfeiting.