The dissertation is devoted to a comprehensive study of criminal law protection of property under the laws of Ukraine and Eastern Europe, which resulted in a number of proposals and recommendations to improve the content and form of the Criminal Code of Ukraine on criminal law protection of property.
The first section, devoted to the theoretical and legal principles of criminal law protection of property under the laws of Ukraine and Eastern Europe, analyzes the historical legal norms on liability for criminal offenses against property in the legislation of Ukraine and Eastern Europe. The development of the legislation of Ukraine and some Eastern European countries on criminal liability for criminal offenses against the property from the beginning of the codification of law to the present is studied. The general tendencies of development of the legislation for the countries of Eastern Europe are analyzed. Analysis of the history of criminal law protection of property in Ukraine and Eastern Europe showed that the Ukrainian criminal law tradition of property protection was influenced by Eastern European countries, because, in certain periods of history, Ukraine and some Eastern European countries were single state legislation. This led to the spread of interactions and borrowings, which was reflected in today's system of criminal law protection of property.
The second section describes the criminal offenses against property under the laws of Ukraine and Eastern Europe and examines the understanding of the essence of the object as a structural part of the criminal offense in the doctrine of the criminal law of Eastern Europe. It is established that there is no single concept of the generic object of criminal offenses against property. It is proved that the scientific discussion on the understanding of the object of criminal offenses is typical for the legal science of the Eastern European countries of the post-Soviet space. All approaches to understanding the essence of the object of criminal offenses against property are reduced to two main: 1) the object as a public property relationship; 2) the object as certain values, goods, which are protected by criminal law - the right of ownership.
The third section describes the qualified types of criminal offenses against property under the laws of Ukraine and Eastern Europe and examines the main grounds for systematization of qualifying features of criminal offenses against property under the criminal laws of Ukraine and other Eastern European countries.
It is established that in foreign legislation there is casuistic construction of sections and chapters of articles. Thus, Chapter 3 of Section XX of the Albanian Criminal Code contains twelve articles on the destruction or damage of property, each of which forms a new criminal offense (destruction of property, destruction of property by explosives, destruction of property by flooding, destruction of property by other means, destruction of roads, destruction power grids, destruction of irrigation system, etc.). Enumerations of various subjects of criminal offenses, and also a codification of separate cases of commission of act seem superfluous. Based on the analysis of foreign experience in Eastern Europe, as well as a study of the logic of the relationship of concepts, it was concluded that the relationship of subordination between the generic concept of "generally dangerous way" and the concept of one of these species "by arson, explosion" in the disposition h. 2 st. 194 and Art. 195 of the Criminal Code of Ukraine. In addition, when comparing Articles 194, 194-1, 195 of the Criminal Code of Ukraine, a violation of the unification of criminal law terminology in the provisions of Part 2 of Article 194 and Art. 195 of the Criminal Code of Ukraine.
The conclusion is made about the need to exclude the words "by arson, explosion or other" and the indication of "generally dangerous way" in the provisions of the articles of Part 2 of Art. 194 and Art. 195 of the Criminal Code of Ukraine.
It is determined that one of the trends in the legislation of some Eastern European countries is the polymorphism of criminal law on criminal offenses against property, ie the emergence of new types of similar offenses. Thus, in the Codes of most Eastern European countries, in contrast to Ukraine, theft of computer programs, fraud with the use of electronic computers are independent components of a criminal offense, because the use of another method of committing a criminal offense, namely computers, does not affect to the degree of its social danger.
Based on a study of foreign experience in Eastern Europe, it is proposed to supplement Section VI of the Special Part of the Criminal Code of Ukraine with Article 1901 "Fraud with the use of electronic computers."
