History Of Differentiation Of Criminal Liability For Destruction Or Damage Of Property In Ukraine

Abstract

The article examines the history of the development of criminal-legal norms in Ukraine related to the protection of property from unlawful destruction or damage. The tendencies of differentiation of criminal liability for destruction and damage of property, inherent in different periods of development of the state and society are analyzed. In particular, the following periods of development of differentiation of criminal liability for destruction or damage of property are analyzed: 1) the middle of the X century - the first half of the XIX century - premodern style; 2) the first half of the XIX century - 1917 - modern style; 3) 1917-1991 - the egalitarian period; 4) 1991­2001 - the liberal period; 5) 2001 - present - modern neoliberal period.

The article substantiates the following conclusions:

• the legislation of Ukraine on criminal liability, as evidenced by the considered monuments of its law since the middle of the X century, traditionally provides for liability for destruction or damage to another’s property;
• each period of development of criminal legislation has its own degree and its own criteria for differentiating criminal liability for destruction or damage to another’s property;
• the degree and criteria of such differentiation in each analyzed period are determined by the level of development of public relations and of that time criminal law policy;
• The «curve» of this differentiation began with the casuistic establishment of different liability for certain types of property, then passed the stage of generalization (establishment of «equal» criminal liability regardless of the type of property), passed the stage of differentiation of responsibility depending on ownership and now (returning somewhat to casuistry), is at the stage of excessive detail, when along with the «main» composition of the crime of destruction or damage to property, there are many other «special» norms that compete with the one that establishes the «basic» composition.

Particular attention is paid to highlighting those aspects of the differentiation of criminal liability for destruction or damage to property, which in the current Criminal Code of Ukraine are regulated less perfectly than in previous criminal laws.