Electronic payment fraud: transformation in law and practice

The authors of the article consider the transformation of fraud using electronic means of payment in criminal law, in theory and law enforcement practice. Based on an analysis of the doctrine of criminal 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 issues of qualifying fraud under Art. 159.3 of the Criminal Code of the Russian Federation, the main problematic aspects are established. Based on the results of the study, it is proposed to include additional clarifications in the current resolution of the Plenum of the Supreme Court “On judicial practice in cases of fraud, embezzlement and embezzlement”, revealing the rules for qualifying criminal acts 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.