Objective party of intentional destruction or damage to the property of a defendant or representative of a person

Abstract

The article is devoted to the disclosure of the objective signs of a criminal offense, provided for by Art. 399 of the Criminal Code of Ukraine «Intentional destruction or damage to the property of a defender or representative of a person». The relevance and problems of the study are outlined, the analysis of recent publications is carried out, the purpose of the article is determined - the study of the signs of the objective side of a criminal offense, the results of which will be formed proposals for its specification and clarification of the content of the criminal offense, provided for by Art. 399 of the Criminal Code of Ukraine, in general. The forms of the objective side of this act are investigated, which are: a) destruction of property - that is, an unlawful destructive impact on property, as a result of which the property ceases to exist or loses the ability to be restored, which contributes to the complete and permanent impossibility of its use for its intended purpose, as well as the termination of the right of ownership to it; b) damage to property - that is, an unlawful destructive impact on property, as a result of which a deterioration in its quality or a decrease in its value is noted, which contributes to the partial temporary impossibility of its use in accordance with its intended purpose. The alternative nature of the socially dangerous consequence of the committed act in the form of destruction or damage to property is proven, in which the amount of damage caused at the moment does not affect the qualification. The obligation to establish a connection between the actions of the perpetrator regarding the destruction or damage to property and the activities of the victim regarding the provision of legal assistance is determined. It is concluded that the objective side of the analyzed criminal offense is characterized by such features as: a) an act in the form of action or inaction (destruction of property or its damage), b) consequences in the form of destruction or damage to property, c) a causal connection between the act and the consequences. It is stated that the method of committing the act is a mandatory feature only in Part 2 of Article 399 of the Criminal Code. Proposals have been developed aimed at clarifying the content of the analyzed norm, which are focused on specifying the content of the analyzed offense by determining the minimum amount of damage in the amount of 100 NMDG (Part 1 of Article 399 of the Criminal Code).