THE GENESIS OF THE CONCEPT OF ABDUCTION, APPROPRIATION, EXTORTION AND OTHER FORMS OF APPROPRIATION OF MILITARY PROPERTY UNDER THE CRIMINAL LEGISLATION OF UKRAINE
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Дата
2023
Назва журналу
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Видавець
Riga, Latvia : «Baltija Publishing»
Анотація
Summarizing, it should be noted that:
1. in the legislation of Ukraine of the pre-Soviet and Soviet periods, the concepts of separate types of misappropriation (theft, fraud, misappropriation, misappropriation, etc.) were quite clearly developed, although at the same time there was no general (universal) concept of misappropriation;
2. the legislation of Ukraine practically during this period of time was aimed mainly at the protection of state (including military) property;
3. special legal norms were developed, establishing increased responsibility of officials for misappropriation using their official position;
4. in criminal law, there were special criminal law norms establishing the responsibility of military personnel (in particular, military officials) taking into account their special status;
5. there was a system of clear differentiation of criminal liability for misappropriation based on objective (object of encroachment – form of ownership of property) and subjective (subject of crime – status of this person) characteristics, which allowed not to leave illegal encroachments on optional objects (state military service);
6. The acquisition of independence of Ukraine affected the change in the current legislation;
7. However, the Ukrainian legislator avoids the use of the term misappropriation in the criminal legislation, trying to specify the method of committing the criminal offense in contrast to the Criminal Code of 1960, which in our opinion somewhat complicates the prosecution of embezzlers, with mandatory clarification of the method of committing the specified act, namely: Illegal possession, misappropriation, extortion, fraud, while the sanction is the same, whether it should be said exactly the way of committing remains too debatable.
8. In our opinion, the development of a new project of the Criminal Code has a positive effect on bringing the guilty to criminal responsibility for property crimes committed by military personnel using official duties.
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Бібліографічний опис
Sobko, Н., Kit, R. THE GENESIS OF THE CONCEPT OF ABDUCTION, APPROPRIATION, EXTORTION AND OTHER FORMS OF APPROPRIATION OF MILITARY PROPERTY UNDER THE CRIMINAL LEGISLATION OF UKRAINE. Military offences and war crimes: background, theory and practice : collective monograph. Ed. by V.M. Stratonov. Riga, Latvia : «Baltija Publishing», 2023. 876 p. Рр. 627-653.