Сhumachenko Т. Theft of electric or thermal energy by its unauthorized use (Article 1881 of the Criminal Code of Ukraine): legal and criminal characteristic

The dissertation is devoted to the comprehensive analysis of signs of main and qualified elements of crime referred to in Article 1881 of the Criminal Code of Ukraine, and also to the issues of its qualification and distinction from other offenses. The author studies specific criminal legal nature of objective and subjective signs of the elements of this crime. The author also refines the content of main criminal legal categories and provides own vision of the illegal use (consumption) of electric and thermal energy committed by its uncontrolled consumption, unauthorized connection to power or thermal network of energy supplier, connection with violation of the established rules of using this energy, interference with functioning of technical means of energy transmission and distribution by deception and abuse of trust, and also by falsification of metering device readings. Special attention is given to the analysis of such aggravating circumstance of said crime as infliction of damage in large amountas a result of theft of electric or thermal energy by its unauthorized use. Based on this analysis the author formulates proposals concerning improvement of Article 1881 of the Criminal Code of Ukraine currently in effect.