Мародерство як різновид кримінальних правопорушень проти власності: особливості вчинення його в умовах воєнного стану

Abstract

Abstract. The article examines the peculiarities of looting and other types of criminal offenses committed against property during the legal regime of martial law. As you know, the problem of preserving property is especially relevant during military operations. Among all criminal offenses, crimes aimed at the appropriation of someone else's property occupy a special place, given the numerous forms of their manifestation. It is clear that for the commission of both administrative and criminal offenses under conditions of war or state of emergency, responsibility has become tougher, taking into account the difficult economic situation of the state and the moral exhaustion of society. Military criminal offenses, in particular looting, currently require in-depth scientific research taking into account its legal aspects, which are problematic due to gaps not only in national criminal legislation, but also in separate international legal acts. A comparison of criminal liability was made before and after the adoption of the Law of Ukraine "On Amending the Criminal Code of Ukraine on Strengthening Liability for Looting" dated March 3, 2022. In addition, the legal essence of the concepts: "theft", "robbery", "robbery" was analyzed, their demarcation was proposed, taking into account their social danger in the conditions of martial law.