HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF UKRAINIAN LEGISLATION ON CRIMINAL LIABILITY FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING-RESIDENTIAL HOUSING

Abstract

The relevance of the article is that the history of the development of legal protection of housing and communal services cannot be separated from the history of legal protection of the institution of communal property in Ukraine as a whole. However, it still remains insufficiently studied. In the scientific literature there are only a few mentions of legal protection or property in general, which after 1990 was legally called communal and in the most characteristic features resembles this form of ownership, is its historical predecessor. Analysis of the most important sources of criminal law in Ukraine, which existed at one or another historical stage of its development, shows that at all times the state has consistently paid attention to the protection of communal property. The level of protection of these relations could be different, depending on the socio-economic, political and other conditions of society, but in this case the task of protecting communal property was performed by criminal law. Ensuring the inviolability of housing and communal services was carried out by criminal law, primarily by establishing liability for various encroachments on them as part of the institution of communal property. It was found that the criminal legislation of the second half of the XIX - early XX centuries. had a systematized nature, formed a system of rules on crimes related to the destruction and damage of housing and communal services, which has an extensive nature. The encroachment was differentiated according to the object, the features of the object and a number of other circumstances. It is determined that the current stage of development of criminal liability for destruction or damage to housing and communal services is associated with the adoption in 2001 of the new Criminal Code of Ukraine. It is concluded that initially the intentional destruction or damage of housing and communal services was treated in criminal law as a component of intentional destruction or damage to property, but later this phenomenon evolved into a separate crime. There is also an increase in the content of criminally punishable methods of intentional destruction or damage to housing and communal services.