Demidova L. Criminal liability for causing damage to property.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0514U000485

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

24-06-2014

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The comprehensive analysis of theoretical, legislative and enforcement issues of criminal liability for commission of acts that cause damage to property, with the development of the theoretical foundations of such liability are considered in the thesis. An essence of property damage as a socially dangerous consequence, notably, its nature, properties and characteristics of quality certainty are examined. To changes of social values, that caused property damage in information society conditions, increasing public value of results of intellectual, creative work and the necessity of improvement of their criminal protection are given much attention. Regularities of establishment of criminal liability for commission of acts that cause damage to property are detected; the reasons and principles of the realization of such line of state criminal policy are formulated. Much attention is paid to the research of the Criminal Code of Ukraine in force. Restoration of broken property rights by crime of victim (criminal legal restitution) is examined with the criminal law point of view that is based on the experience of foreign countries and international norms. Its functions are specified: preventive and compensatory organizational. The characteristic errors of judicial practice and its causes are exposed; recommendations about elimination of them are formulated. Perspective directions of improvement of criminal liability for causing damage to property are defined on the basis of the research.

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