Анотація | Abstract
In Ukraine the property right is protected by law. Particularly, in the chapter IV of Specific part of the Criminal Code of Ukraine (CC of Ukraine) it is stated what socially dangerous acts against the property exactly are crimes and what punishments are applied to persons, who have done them.
We could state that there is a problem with qualification of one of the most spread crimes against property – larceny. Paying attention to the practical problems with aspects which is stated in the art 185 CC of Ukraine, taking into account the recommendations of Supreme Court, analysing the generalization of judicial practice, we will try to give general legal and enforcement marks on the qualification of larceny in certain problem cases.
If the appropriation of the property happens in public places with limited space, in such cases the presumption of «forgetfulness» of a thing by its owner should be stated. The person who appropriate a thing have to understand that external conditions, circumstance, location of the thing indicate that the thing actually did not come out of the possession of the owner, but it is just left or forgotten by him. As follows, appropriation of the property, which for whatever reason was found out in inappropriate, but familiar to the owner place, have to be interpreted as larceny.
In judicial practice the problems with establishing the availability of such a qualifying characteristic as «trespassing», while committing larceny of someone else`s property, happen quite often. The main feature of the trespassing is its illegality, namely absence of right of the person to be in the listed places, where there is property. The purpose for what the person has appeared in a dwelling or other housing or storage and when exactly an intention to steal property has arisen are aspects of particular importance. Herewith the qualifying feature, which was mentioned, is missing if the intention to steal property arises, while being inside this housing, storage, dwelling, etc.
This article has a practical direction. There was made a temptation to summarize the most important particular marks on correct and typical applying of criminal law, elaboration of a harmonious legal position both in the construction of the defence and in the argumentation of the prosecution.