Уголовная ответственность за мошенничество в англосаксонских государствах (на примере Великобритании, США, Канады, Австралии и Новой Зеландии)

Журнал зарубежного законодательства и сравнительного правоведения. 2025. Т. 21. № 1. С. 86–96.

Grigorev P.

The article presents the results of a comparative legal study of protection of public relations from various forms of fraudulent crimes under the criminal law in five states belonging to Anglo-Saxon legal tradition (UK, USA, Canada, Australia and New Zealand).

The purpose of the study is to build a systematical and comprehensive understanding of criminal liability for fraud-related crimes as acts that involve obtaining someone else's property (the right to someone else's property) by committing deception, dishonest or misleading actions. To achieve this objective, four tasks were set: to analyze approaches to understanding fraud in Anglo-Saxon legal tradition; to consider the list of fraudulent crimes applicable to each state based on a meaningful analysis of the sources of criminal law; to consider sanctions for committing fraud in each state on the issue of their severity and proportionality to dangerous consequences of related crimes; to resolve the issue of the (in)expediency of implementing Anglo-Saxon anti-fraud criminal law institutions into Russian criminal law.

The research is carried out using both general research and special research methods, a special place among which is occupied by specifically legal research methods. General research methods are: analysis, deduction, induction, systematization, etc. The statistical method is the main applicable special research method. Specifically legal research methods are: comparative legal method, formal legal method and (to the extent restricted with objective of the research) historical legal method.

The study allowed us to formulate certain conclusions, the basis of which lies in the conclusion about the inappropriateness of implementing the Anglo-Saxon anti-fraud criminal law institutions into the criminal law of Russia. In addition, the study's key findings provide informed insight into the origins of criminal fraud laws in the Anglo-Saxon states, as well as understanding of severity sanctions for fraudulent crimes in these states. Achieving these results allows us to summarize that the study achieved its goal and all its assigned tasks were completed.

Keywords: мошенничество, наказание, common law, общее право, deception, обман, punishment, fraud, economic crime, статут, statute, dishonesty, Anglo-Saxon law, codification of criminal law, common law tradition, англосаксонское право, кодификация уголовного права, нечестность, семья общего права, экономическое преступление