CRIMES AGAINST PROPERTY
Property crimes (property crimes) are one of the most common crime groups that infringe on one of the most valuable social goods – property rights.
Property is a public relationship related to the appropriation of a person’s means and products of production.
Ownership is the right of a person to do things according to the law of his own free will. Ownership includes the right of a person to own, use and dispose of a thing or property belonging to that person.
Ownership is protected by the Constitution of Ukraine. Article 41 of the Constitution of Ukraine states that no one may be unlawfully deprived of his or her right of ownership, and the right of private property is inviolable.
Ownership is also protected by the Criminal Code of Ukraine. After all, according to the Criminal Code of Ukraine, unlawful deprivation of a person’s right to property is punished by law. For committing a crime against property, the person who committed it is criminally liable.
Property subject to crime against property is of a certain value and is alien to the perpetrator. Such property should include: movable and immovable property, cash, securities, etc., as well as the right to property and property actions, electric and thermal energy.
The Criminal Code of Ukraine contains several types of crimes against property. The most common of them include: theft (Article 185 of the Criminal Code of Ukraine), robbery (Article 186 of the Criminal Code of Ukraine), robbery (Article 181 of the Criminal Code of Ukraine), extortion (Article 1889 of the Criminal Code of Ukraine), fraud (Article 190 of the Criminal Code of Ukraine) , misappropriation, misappropriation of property or taking it by abuse of office (Article 191 of the Criminal Code of Ukraine), intentional destruction or damage to property (Article 194 of the Criminal Code of Ukraine), unauthorized occupation of land and unauthorized construction (Article 197-1 of the Criminal Code of Ukraine), and others.
The above crimes against property differ between the mode of committing and the purpose of committing the relevant crime.
Depending on the manner in which crimes against property were committed and the manner in which such crimes were committed (ie, with or without penetration; with violence against the victim or without violence; a crime committed by a group of persons or by one person; or damage to large or especially large sizes, etc.), the type and degree of punishment of the perpetrator will be enhanced.
According to the Resolution of the Plenum of the Supreme Court of Ukraine No. 10 of 06.11.2009 “On case law on criminal offenses against property” The amount of property taken over by a guilty person as a result of committing a crime is determined only by the value of that property, which is expressed in monetary value. . The value of the stolen property is determined by the retail (purchase) prices that existed at the time of the crime, and the amount of compensation for the damage caused by the crime – at the relevant prices at the time of the court case. In the absence of these property prices, its value may be determined by conducting an appropriate examination.
It should be noted that the criminal theft of someone else’s property should be distinguished from such an administrative offense as petty theft of another’s property (Article 51 of the Code of Administrative Offenses). The difference between them is the value of the stolen property.
According to Part 3 of Article 51 of the Code of Administrative Offenses, the theft of another’s property is considered petty if the value of such property at the time of the offense does not exceed 0.2 non-taxable minimum income of citizens.
Section 5, Section 1, Section XX of the Tax Code of Ukraine, dated December 2, 2010, states that for the administrative and criminal legislation in terms of qualification of administrative or criminal offenses, the amount of the tax-free minimum is set at the level of the tax social privilege specified in subparagraph 169.1.1 of Article 169.1, paragraph 169.1 Section IV of this Code for the relevant year.
Sub-clause 169.1.1 of Article 169, Section 169.1, Section IV of the Tax Code of Ukraine states that the tax social privilege is equal to 50% of the subsistence level for an able-bodied person (calculated per month) established by law on January 1 of the tax year.
So, if you, your relatives and friends for one reason or another have committed property offenses (theft of Article 185 of the Criminal Code of Ukraine, robbery of Article 186 of the Criminal Code of Ukraine, robbery of Article 187 of the Criminal Code of Ukraine, extortion of Article 189 of the Criminal Code of Ukraine, fraud 190 of the Criminal Code of Ukraine, the appropriation or misappropriation of property or misappropriation of it by abuse of office of Article 191 of the Criminal Code of Ukraine, intentional destruction, damage or threat of destruction of property of Article 194-196 of the Criminal Code of Ukraine) will give you quality, professional advice and implementation have your defense at any stage of the pre-trial investigation or trial.
Author: Andrey Kubov