Hrabovyi V. Legal protection of property in Ukraine: historical and legal research.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001917

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

26-06-2018

Specialized Academic Board

Д 20.149.01

Private higher educational institution King Danylo University

Essay

The dissertation is devoted to the historical dynamics of legal regulation of property protection at various stages of development of Ukraine. The periodization of this process has been carried out, which allowed to allocate the following periods: a) the first years of Soviet power and the New Economic Policy (1917–1927); b) the times of totalitarianism (1927–1953); c) the period of «Khrushchev's Thaw», slowing down of the rates of social development and stagnation and the time of perestroika (1954–1991); d) Independent Ukraine (1991–2017). In the first of them, the nationalization of property objects was carried out, the legal acts were adopted unsystematically, and for offenses related to this category, the revolutionary military tribunals system was widely used. Times of the New Economic Policy were characterized by mitigation of liability for property crimes and the systematization of Soviet legislation, and the emergence of a limited number of private property facilities. In the period of totalitarianism, rigorous levels of responsibility for crimes in the area of property protection were re-used, using a higher degree of punishment and long periods of imprisonment for minor offenses. The next historical period of 1954–1991 was characterized by a constant struggle with petty thefts, mitigating the norms of legal liability for crimes against property. The period of independent Ukraine was characterized by a complex dynamics of adoption of normative legal acts regulating privatization, privatization and property protection. The peculiarity of the Soviet model of legal protection of property was the existence of double standards of various legal responsibilities for the same offenses against state and personal property, which in the period of independent Ukraine were equated with each other. A characteristic feature of the stage of independent Ukraine was the adoption of legal acts aimed at combating the legalization (laundering) of property and proceeds from crime, which was carried out with the help of numerous normative legal acts adopted by the State Fiscal Service, the Ministry of Internal Affairs and other law-enforcement bodies.

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