CHARACTERISTICS OF QUALIFYING SIGNS OF THE CRIME OF INTENTIONAL DESTRUCTION OR DAMAGE TO OTHER'S PROPERTY

Abstract

The article discloses the content of the qualifying signs of intentional destruction or damage to property provided for in Art. 194 of the Criminal Code of Ukraine, committed by means of arson, explosion, other generally dangerous means, which caused particularly large property damage, caused the death of people, other serious consequences. It was established that the current legislation of Ukraine on criminal liability does not include the concept of a generally dangerous method, arson, explosion, such qualifying features as death of people, grave consequences are not disclosed. In the article analyzed of various scientific positions, provisions of current legislation, judicial practice, the draft of the New Criminal Code, the author's position was formed regarding the definition of the concept of a generally dangerous method, arson, explosion, and the content of the wording of the death of people and other serious consequences was revealed. Attention is focused on the imperfection of the legal tech-nique when forming the qualifying features of the crime of intentional damage or destruction of property. It is proposed to expand the list of qualifying features of Art. 194 of the Criminal Code of Ukraine and provide for: intentional destruction or damage to property by a group of persons, organized by a group, against a person in connection with his performance of official powers or professional functions. The differences between intentional destruction or damage to someone else's property and related criminal offenses are revealed, including vi-olence against the population in the area of hostilities, violation of the laws and customs of war in conditions of martial law. Conclusions were made that intentional destruction or dam-age to someone else's property committed by arson or explosion as a result of an act of ag-gression by the Russian Federation against Ukraine qualifies under Art. 438 of the Criminal Code of Ukraine as a war crime, and the unlawful intentional destruction or damage to the property of the population by a military serviceman under the pretext of military necessity, committed in the area of hostilities must be qualified under Art. 433 of the Criminal Code of Ukraine, and not according to Art. 194 of the Criminal Code of Ukraine.