Features of the Object and Subject of a Crime Providing for Liability for Fraud Using Electronic Means of Payment (Article 159.3 of the Criminal Code of the Russian Federation)

The article is devoted to the study of such objective signs of fraud using electronic means of payment as the object of this crime and its optional feature — the subject of the crime. In particular, the issues of legal regulation of public relations concerning the object and subject of this type of fraud. The analysis of scientifi c views and the position of the judicial practice of the Supreme Court of the Russian Federation on what is meant by the subject of this crime is carried out. Based on the provisions of the existing industry legislation and taking into account the complexity of the application of its conceptual apparatus when implementing the provisions of Art. 159.3 of the Criminal Code of the Russian Federation, some ways of solving the designated problem are considered. In this regard, the author’s vision of the concept of “form of money” is proposed, taking into account the practice of applying the criminal law. It is concluded that in order to resolve the problem of determining the subject of the crime provided for in Art. 159.3 of the Criminal Code of the Russian Federation, it is necessary to eliminate the existing dissonance in the conceptual apparatus of the relevant industry legislation. It is also proposed to consider the denomination of payment instruments as the subject of this crime, the defi nition of which should be disclosed in the note to this article.