THE CONCEPT OF DECEPTION IN THE CRIMINAL LAWS OF RUSSIA: COMPARATIVE-LEGAL ASPECT

Abstract

Deception is an element of activity within the framework of interpersonal communication. Also, deception is a legal phenomenon within the framework of normative action. Deceptive actions themselves are not punishable, since there are no rights to truth, therefore, only rights violated as a result of deceptive actions are protected by law. The presence of deception due to certain consequences (conclusion of a transaction, damage caused by fraud) is the basis for the onset of civil or criminal legal consequences. Consequently, deception is subject to regulatory regulation and is of a legal nature. However, until now, there has been no normative definition of deception for the purposes of applying the criminal law. This circumstance entails negative consequences, which are expressed in the legal uncertainty of the deceived person's status (physical / legal person / authorized body), in the consequences of deception, the inability to separate civil fraud from criminal fraud, etc. In addition, the issue of the possibility of deceit by nondisclosure, and also through nonverbal actions, has not been finally resolved.