THE STATE OF RESEARCH ON THE ISSUES OF LIABILITY FOR CRIMINAL OFFENSES AGAINST PROPERTY

Abstract

The article defines the current state of research on the problems of liability for criminal offenses against property. It is noted that the analysis of scholarly works prepared/published after the full-scale invasion of Ukraine by the russian federation made it possible to systematize and differentiate them into several groups according to the subject matter of the research: scholarly works addressing theoretical problems of criminal law protection of property; scholarly works presenting the results of comparative legal studies on the criminal law protection of property (both in general and within the framework of particular states); scholarly works examining specific criminal offenses encroaching upon property rights within the scope of other social relations. The author reviews the works of scholars and their relevance at the present stage of the state’s development. Attention is drawn to the inexpediency of doctrinal proposals regarding the decriminalization of the criminal offense provided for in Article 196 of the Criminal Code of Ukraine (negligent destruction or damage to property). The relevance of the issue of qualification of criminal offenses against property, the subject of which is funds in a bank account, is substantiated. It is concluded that most of the problems considered by scholars remain unresolved to a certain extent, while a number of well-grounded observations have not been taken into account by the subjects of legislative initiative, which undoubtedly negatively affects the quality and effectiveness of criminal law policy in Ukraine. It is argued that, at present, it is advisable to intensify scientific research in this area, focusing on identifying ways and means of improving the types and amounts of punishments that may be imposed for criminal offenses against property, distinguishing such offenses from related unlawful acts, and determining the peculiarities of qualifying such socially dangerous acts under martial law conditions.