CHARACTERISTICS OF THE METHODS OF COMMITTING DELIBERATE DAMAGE TO ELECTRIC POWER OBJECTS
Journal Title: «Приватне та публічне право» - Year 2017, Vol 4, Issue
Abstract
The method of committing a crime is a key element of forensic characteristics, since a detailed analysis of the method of committing an offense gives the investigator an opportunity to obtain the basic information necessary for further investigation. In accordance the criminal law (Part 1 of Article 194-1 of the Criminal Code of Ukraine), the objective element of the crime under consideration is characterized by the following obligatory features: 1) socially dangerous actions consisting of damaging or destroying of objects of electric power industry; 2) the consequences in the form of violation or threat of violation of the normal functioning of such objects or endangering the lives of people; 3) a causal connection between the indicated actions and consequences. Consequently, the main structural element of the method of deliberate damage to the objects of the electric power industry is an action of person, which is posed in the form of damage or destruction of the power engineering objects, as well as the causal connection between these actions and certain negative consequences, the degree of which is determined in different parts of Article 194-1 of the Criminal Code of Ukraine. At the same time, damage to the objects of the electric power industry is a deterioration in their quality, a significant limitation of the possibility of their intended use, bringing them to a certain time until they are unserviceable, reducing the efficiency of functioning or stopping their functioning (while such objects do not necessarily stop to function completely). Damaged property can be restored and re-acquire temporarily or partially lost useful qualities for use by its functional purpose only after necessary financial, labor and other expenses. Destruction of electric power objects is their complete disassembly, collapse, smash, destruction, bringing them to complete inapplicability with regard to their intended use, stopping their physical existence in general. As a result of the analysis of investigative and judicial practice, we have identified the following most common ways of committing these crimes, e.g.: cutting power lines, damage to the towers by dismantling the angles, stepbolts, cables cable ties, stretch marks or grounding; damage to transformer substations (in particular by merging lubricants); abduction of equipment from power engineering objects; cutting of hot water supply pipelines and equipment providing boilers and pumps. Each of the aforementioned methods of deliberate damage to electric power facilities is confirmed by examples from the practice of investigating these crimes.
Authors and Affiliations
В. М. , Шурашкевич
Keywords
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