Vol 18, No 1 (2023)

the article is based on a historical and legal analysis of regulatory provisions on liability for fraud in Russian criminal law. It is shown that from the XVI century until the mid-XIX century, the concept of fraud encompassed various types of theft, robbery, and other forms of property offenses, combined with cunning, quick, and agile seizure of someone else’s property in the form of an object. Fraud as an independent type of negative economic behavior developed in the later stages of the evolution of property relations in Russia. It received a legislatively refined and legally clear description in the normative legal sources of the mid-XIX century. Fraud, from the “skillful” theft of movable property, as known in domestic legislation from the XVI century to the XIX century, transformed in the second half of the XIX century into deceitful appropriation of someone else’s property in the physical world. From the XX century onwards, “fraud” acquired a new quality, encompassing cases of unlawful acquisition of “non-material” property (non-cash funds, non- documentary securities, etc.) in the legal world. In addition, starting from Soviet legislation, abuse of trust has been included in the concept of fraud as an alternative method of committing this offense. It is argued that legal formations reflecting the regularities of the information (post-industrial) world should be constructed using an original categorical apparatus that encompasses all the specificities of information relationships. It is not the seizing, appropriation, or theft, but rather gaining access to information or its transmission; not the use, exploitation, or handling, but viewing, reading, copying; not disposal or alienation, but input or dissemination; not damage or destruction, but modification (alteration), erasure, or deletion; not destruction, but slowing down the access or processing of data; not hijacking, but interception of data. It is justified that the construction of fraud, while perfectly suitable for protecting “material” and even “obligational” relationships, is unlikely to effectively withstand the pressure of criminal threats in the electronic property sphere. This circumstance should be adequately reflected in modern legislation, where one must learn to construct post-industrial regulatory norms because old approaches and tools are unlikely to work in the information and telecommunications sphere.

the article discusses issues of law enforcement practice to identify problematic issues and find answers to them in order to increase the efficiency of the investigation of crimes when an official is guilty of improper delivery of health care to patients. The author notes that despite the increased attention of scientists to the problems of providing medical services and the classification of crimes committed by both medical workers and persons without medical education, there are a large number of problems that have not yet been reflected either in theory or in practice. The methodological basis of the article is manifested through the collection, processing, generalization, analysis, interpretation of research material using various methods: analysis, synthesis, comparative legal, as well as formal legal, which is the main method of cognition and interpretation of the content of legal regulations.

the article examines the process of formation of professional legal personnel in the USSR in the pre-war period. Almost simultaneously with the establishment of a new political system in November 1917, the pre-revolutionary system of judicial and prosecutorial bodies was abolished in Russia and a system of Soviet courts was established, initially not even having a single name, with uncertain jurisdiction and acting on the basis of a revolutionary conscience. In conditions of a shortage of legal personnel, the main criteria for the formation of the judicial and prosecutorial corps were social origin and partisanship. The lack of legal education among the majority of employees caused a low level of their activities, led to staff turnover, and a decline in the prestige of the profession. The first steps – the opening of three-month courses - to improve professional legal knowledge were taken in the 20s, which did not radically change the situation. And only during the preparation of the Constitution of 1936. and the consolidation of the most important right in it – the right of workers to universal free education at all levels - is a radical change in the training of professional legal personnel, and since the mid-30s, the availability of legal education has become a prerequisite for filling the posts of judges and prosecutors. At the same time, a system of legal educational institutions of various levels was being created, which was the basis for the creation of professional Soviet justice in the pre-war years.