Object of Intentional Damage to Communications Lines (Article 360 of the Criminal Code of Ukraine)

Abstract

With regard to absence of thorough researches of objects of intentional damage to communications lines in criminal law theory, the purpose of this article is to study the conceptual foundations of such objects’ structure and content. Considering the specifics of the topic, goals and outlined objectives, various general scientific, special-scientific and philosophical methods were used for an objective study of the subject and for formation of sound conclusions. Among them, in particular, systematic method was used in studying objects of intentional damage to communications lines; dogmatic method – to identify shortcomings and explore the possibilities for improving of structure of objects of the crime stipulated by Art. 360 of the Criminal Code of Ukraine; logical-semantic – in the process of in-depth study of categorical-conceptual apparatus concerning the objects of intentional damage to communications lines. In order to ensure the formation of new proposals (based on already existing in special literature) and with regard to definition of structure of objects of intentional damage to communications lines, a method of generalization was applied. Scientific novelty. Certain problems of objects of the crime stipulated by Art. 360 of the Criminal Code of Ukraine have been studied. Unlike the activities of public authorities, local self-government bodies, and associations of citizens, intentional damage of communication lines does not involve the effectuation of organizational, administrative or administrative-economic functions; the purpose of this norm is to protect people when the subject commits a crime, in order to influence management relations. Therefore, the crimes of intentional damage of the communication lines do not coincide in the essence of public relations with other crimes, located in Chapter XV of the Special part of the Criminal Code of Ukraine. Therefore, it is advisable to place the norm about an intentional damage of communication lines in Chapter VI of the Special Part of the Criminal Code of Ukraine. It is argued that the structural elements of the social relations of the generic object of the crime provided for in Art. 360 of the Criminal Code of Ukraine, belong to: 1) participants (individuals and legal entities, society and state); 2) the subject of relations (property as a whole and property relations); 3) social connection (providing participants with these property protection relationships in general and property relations). Conclusions. It is argued that necessary to amend the Criminal Code of Ukraine (namely to place the Art. 360 of the Criminal Code of Ukraine in Chapter VI of the Special part “Crimes against property” by supplementing the law on criminal liability with Art. 194-2 of the Criminal Code of Ukraine). It is scientifically proven that the direct object of the crime under Art. 360 of the Criminal Code of Ukraine are public relations that provide protection of property as a whole and property relations. Direct main object of the crime stipulated by the Art. 360 of the Criminal Code of Ukraine is public relations in the sphere of ensuring of private, collective and state proprietary rights (depending on victim); additional obligatory object of the crime under inquiry is public relations providing normal functioning of telecommunication networks and its elements; additional optional object of the crime under inquiry could be public relations ensuring continuous proving telecommunication services, state defensive capacity, normal functioning of emergency response and civil defense services etc.