Social Determination Of Criminal Liability For The Destruction And Damage To Property

Abstract

Social determination of criminal liability for the destruction and damage to property in Ukraine is analyzed; social danger of such acts, feasibility of counteraction to these encroachments by criminal legal means, traditions of national legislation in combating this type of crime are investigated. In particular, based on a comparison of positive and negative effects of criminalization of destruction and damage to property, the analysis of scientists opinions on this issue, it is proved that it is expedient to criminalizing such acts as the intentional destruction of or damage to property (Article 194 of the Criminal Code of Ukraine) and the intentional destruction of or damage to special types of property or property specific victims, but seems unreasonable opposition careless destruction of or damage to property criminal law means. It was established that the damage resulting from the destruction of or damage to another's property is essential; social danger of this kind of conduct is characterized by high degree and so obvious is the existence of such circumstances, criminal liability for causing destruction and damage to property as a public danger.