Peculiarities of criminal liability for intentional destruction or damage to someone else’s property

Abstract

The article reveals the specifics of criminal liability for intentional destruction or damage to someone else’s property provided for in Article 194 of the Criminal Code of Ukraine. The problematic issues of the composition of the criminal offense of intentional destruction or damage to someone else’s property are analyzed, the difference between this composition and the intentional destruction or damage to property that has special features (objects of the electric power industry, nature reserve fund, archaeological heritage, weapons, military supplies, official documents, military property, etc.). Intentional destruction or damage to someone else’s property, which has special features to be qualified according to the special norms provided for by articles: 113, 1941, 252, 258, 292, 298, 338, 357, 360, 378, 399, 411, 437, 433, 438 of the Criminal Code, is proposed. of Ukraine. On the basis of the analysis of judicial practice, it was proposed that in the case of using an explosive device, for the intentional destruction or damage of someone else’s property, such actions of the perpetrator must be additionally qualified under Part 1 of Art. 263 of the Criminal Code of Ukraine. The imperfection of the provisions of the current criminal legislation in terms of the formulation of the qualifying signs of intentional destruction or damage to property was revealed. It has been established that the current legislation of Ukraine on criminal responsibility does not include the concept of a generally dangerous method, arson, explosion, the content of the death of people, serious consequences is not disclosed. The concept of a generally dangerous method and its varieties is proposed. The concept of a generally dangerous method and its varieties is proposed. A generally dangerous method of intentional destruction or damage to property is a method that causes property, non-property, physical damage to an individual or legal entity or creates a real danger of causing such damage to two or more people. In order to avoid unnecessary differentiation of criminal law norms, it is proposed to exclude from the Criminal Code of Ukraine articles 347, 3471, 352, and part 2 of Art. 194 of the Criminal Code of Ukraine to add the sign of intentional destruction or damage to someone else’s property in connection with the person’s performance of official powers or professional duties.