NATURE, FORM AND CONTENT OF DECEIT AS A WAY OF COMMITTING FRAUD IN THE SPHERE OF MOTOR TRANSPORT

Abstract

Objective: to realize the specifics of deceit as a means of committing fraud in the sphere of transport; to define the general concept of deceit. Methods: the dialectical method of cognition, systemic, logical-legal and comparative legal methods. Results: the conclusion is proved that the delusion of the victim is not a sign of deceit, because deceit is the behavior, activity of the deceiver, and delusion is the mental state of the deceived that occurs as the result of the deceiver’s activity. Attention is drawn to the key characteristic, according to which the fraudulent actions in transport fraud can be divided into two groups: the deceits about the external, objective factors, and the deceits about the internal, subjective factors. Scientific novelty: the traditional provisions of fraud in the context of road transport fraud are viewed, which need a more detailed legal interpretation. Deceit in transport are grouped on a feature basis, reflecting the typical kinds of deceit. The most complete, from the terminological point of view, definition of deceit is formulated. Practical value: the results can be used in scientific and law enforcement activities, in particular, can be included in educational-methodical literature for use in the preparation of practitioners and scientific-pedagogical personnel in the field of jurisprudence.