Актуальные проблемы совершенствования механизма уголовно-правового регулирования хищений с незаконным проникновением

Abstract

The article is devoted to the current problems of improving the mechanism of criminal regulation of theft, with illegal entry into a dwelling, premises or other storage facility. The author analyzes the many-sided criticism of the conflicting provisions of the Criminal Code, compares different points of view on the interpretation of the concepts of "dwelling", "premises", "structure", "storage". He proposes his own formulation of the qualifying feature of theft and substantiates the optimal solution to the problem under consideration, which consists in refusing to differentiate criminal liability depending on the place of seizure of property. In particular, it is noted that the public danger of theft is determined not by the place of seizure of property, but by the method of obtaining access to it. The author shows that the very concept of "illegal penetration" does not allow to give a proper legal assessment of the actions of persons who commit theft without penetration, but with overcoming obstacles to access to property, or pre-create conditions to facilitate access to it. Thus, in the article, the author reasons his point of view: the qualifying feature of theft, reflecting an increased rate of public danger of the method of committing a crime, should be overcoming means of protection, obstacles to access to property, or other premeditated creation of conditions that facilitate access to property.