Telpis M. Criminal law characteristics of tools and means of committing a crime.

The work is devoted to the complex research of tools and means of committing a crime, which are independent criminal law concepts and an independent feature of the objective side of the crime. It is established that the tools of committing a crime are objects of the material world used for the destructive effect of a crime and / or for causing physical harm, which are completely under the control of the mind and will of the person using them for direct commission of the act by reducing the amount of effort or concentrating force. Means of committing a crime are various substances, objects, gases and other, chemical (poison), physical (electric current, radiation), biological (infectious diseases), etc. whose properties are used in the process of committing a crime to create favorable conditions for its realization and facilitate the process its implementation and are not under the full control of the realization and willpower of the subject. A person only involves them in the process of committing a crime, and the impact on the objects of the material world is outside the willful control of the subject. The tools and means of committing the crime should be distinguished between the properties used to achieve the criminal result and the nature of their use, as well as the controlled realization and willpower of the subject. When committing a criminal encroachment, the tools and means do not directly affect the object of the crime, but the specific material expression of these social relations: the objects of the material world or the person, as the bearer of these public relations, which are protected by the criminal law. The tools and means of committing the crime are in a certain relationship with the method of committing the crime, but are not absorbed by it and are not part of it. The choice of a person when committing a crime of one or another of the tools and / or means of committing a crime is objectively influenced by the location and the situation of the crime. The instruments and means of committing the crime should be distinguished from the object of the crime. The classification of tools and means of committing a crime for types may be based on various criteria, including energy properties, origin. The classifications of tools and means of committing a crime make it possible to determine their legal significance when designing specific criminal rules. Instruments and / or means of committing a crime that are directly stated in the disposition of an article of the Special Part of the Criminal Code of Ukraine, or clearly follow from its content, are a mandatory feature of the objective side of the relevant crime, which is relevant for qualification. In addition, the tools and / or means of committing the crime may play the role of qualifying attributes of the relevant crime.