Features of qualification of fraud when using official position

The article examines the problems and features of fraud qualification when using official position. According to the results of the study, the understanding of the subject of the official position should not be considered exhaustive. As set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 «On judicial practice in cases of fraud, embezzlement and embezzlement», the circle of persons belonging to the subjects of the crime provided for in Part 3 of Article 159 of the Criminal Code of the Russian Federation promotes uniformity in law enforcement activities and contributes to errors in the qualification of fraud using official position. To date, in the legislation and explanations of the Plenum of the Supreme Court of the Russian Federation regarding fraud, there is no specific and precise definition of the concept of "use of official position.