ОСОБЛИВОСТІ КРИМІНАЛЬНО-ПРАВОВОЇ ХАРАКТЕРИСТИКИ ШАХРАЙСТВА У СФЕРІ НАДАННЯ ТУРИСТИЧНИХ ПОСЛУГ

Abstract

The article presents a comprehensive research of issues related to the features of criminal and legal description of fraud in travel services used as a basis for offers capable to effectively impact the performance of Art. 190: Fraud of the Criminal Code of Ukraine. It provides a thorough study of the objective and subjective features of the elements of fraud, as well as features impacting the qualification of crime as such. It is emphasized that this type of fraud is characterized by complexity of unlawful schemes, their disguise as execution and fulfillment of legitimate civil law contracts which, in essence, incorporate large amounts of funds. The most popular types of fraud are those related to deception of tourists during filing an order for a tourist product or its use conducted by representatives of tour operators (travel agencies). It is emphasized that certain qualification and special qualification features of fraud demand not only changes and clarifi cations, but also extension. Such steps shall be directed at improvement of criminal and legal protection of victims, being one of the most voidable features of the elements of crime in question.