Problems of qualification of fraud in the insurance industry in the establishment of qualifying and especially qualifying signs

This article discusses the problem associated with the qualification of fraud in the insurance industry (Article 159.5 of the Criminal Code of the Russian Federation) in determining the qualifying and especially qualifying features of this corpus delicti. Resolution of the Plenum of the Supreme Court of the Russian Federation No. 48 dated 30.11.2017 "On judicial practice in cases of fraud, embezzlement and embezzlement" establishes the general nature of the establishment of qualifying and especially qualifying signs of insurance fraud. As a result, the courts ambiguously apply parts 2-4 of Article 159.5 of the Criminal Code of the Russian Federation, fixing qualifying and especially qualifying signs of fraud in the insurance sector.