SOME QUESTIONS OF THE CONTENT INSTALLING OF THE SUBJECT OF CRIMES AGAINST THE PROPERTY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article is devoted to a separate discussion question of determining the content of the subject of certain crimes against property. According to Art. 189, 190 of the Civil Code of Ukraine, property as a special object is a separate thing, a set of things, as well as property rights and property obligations. However, the possibility of using the term “property” precisely in this sense to address the question of bringing a person to criminal liability seems questionable. Such a conclusion follows from the fact that the legislator divides the objects of syllables of crimes against property rights, property rights, actions of property character. That is, when the legislator speaks, in particular, about the secret taking over of someone else’s property, in fact, it is a question of taking possession of a thing or a combination of things in the civil law sense. The doctrine of the subject of a crime in the generalized form should be the ground on which the theoretical provisions on the subject of crimes against property based on the peculiarities of the object of criminal-law protection are based. If the subject of the crime in general is recognized certain material values, then they are also the subject of crimes against property. The right to property is not a material value, since it is in isolation from its own property, it costs nothing, therefore, it is doubtful to recognize its subject matter as a crime. The use by the legislator of the phrase “the right to property” is connected with the special legal nature of property of a certain type (for example, immovable), or with the method of committing a crime (making a will as a consequence of deception in order to obtain property (movable or immovable) in the future, whereas The intention of the guilty is directed at the concrete property, which is the subject of the crime.
Authors and Affiliations
А. В. , Плотнікова
Keywords
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