Ownership as an Object of Criminal-Law Protection
| Main Author: | Iryna А. Lychenko |
|---|---|
| Format: | Article |
| Bahasa: | ukr |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://zenodo.org/record/3267071 |
Daftar Isi:
- The article analyzes the content, features, normative and legal provision of criminal law protection of property rights in Ukraine. Particular attention is paid to highlighting scientific approaches to understanding the content of the category “property”, transforming the understanding of this concept in modern conditions and the impact of these processes on the specifics of criminal law protection of property rights. The article determines that the function of criminal legal protection is realized through the creation of a system of legal methods and means for maintaining the regime of protection of property rights, the activities of participants in criminal-security relations in this area, the implementation of relevant criminal law on liability for crimes committed in this area. The article clarifies that the sphere of criminal law protection of property rights is marked by new tendencies. In particular, increasingly in the scientific literature, they claim to distinguish crimes against intellectual property as separate types of crimes in our state. The scientific approaches to displaying these changes in modern criminal law are analysed. The article defines the factors influencing which is the right of ownership as an object of criminal-legal protection, the concept of the function of criminal-legal protection of the right of property is given, the types of manifestations of crimes against property are defined. The research is devoted to the prospects of reforming the legal and regulatory framework for criminal liability for property crimes. It was established that the improvement of criminal law protection of property rights is connected with the improvement of the norms of criminal law, which serve as the basis for criminal responsibility of the perpetrators of criminal acts in this area, as well as with the activation of the activity of the authorities of the authorities with regard to prevention, detection of such offenses, bringing the perpetrators to justice. New economic relations, the development of information technology, intellectual property, cause a new look at the specifics of criminal law protection of property, to consider it in close connection with civil law, administrative and legal protection of the competence to own, use and dispose of property. Modern criminal law defining criminal liability for crimes against property requires changes and updates in accordance with existing socio-economic needs. The article analyzes the content, features, normative and legal provision of criminal law protection of property rights in Ukraine. Particular attention is paid to highlighting scientific approaches to understanding the content of the category “property”, transforming the understanding of this concept in modern conditions and the impact of these processes on the specifics of criminal law protection of property rights. The article determines that the function of criminal legal protection is realized through the creation of a system of legal methods and means for maintaining the regime of protection of property rights, the activities of participants in criminal-security relations in this area, the implementation of relevant criminal law on liability for crimes committed in this area. The article clarifies that the sphere of criminal law protection of property rights is marked by new tendencies. In particular, increasingly in the scientific literature, they claim to distinguish crimes against intellectual property as separate types of crimes in our state. The scientific approaches to displaying these changes in modern criminal law are analysed. The article defines the factors influencing which is the right of ownership as an object of criminal-legal protection, the concept of the function of criminal-legal protection of the right of property is given, the types of manifestations of crimes against property are defined. The research is devoted to the prospects of reforming the legal and regulatory framework for criminal liability for property crimes. It was established that the improvement of criminal law protection of property rights is connected with the improvement of the norms of criminal law, which serve as the basis for criminal responsibility of the perpetrators of criminal acts in this area, as well as with the activation of the activity of the authorities of the authorities with regard to prevention, detection of such offenses, bringing the perpetrators to justice. New economic relations, the development of information technology, intellectual property, cause a new look at the specifics of criminal law protection of property, to consider it in close connection with civil law, administrative and legal protection of the competence to own, use and dispose of property. Modern criminal law defining criminal liability for crimes against property requires changes and updates in accordance with existing socio-economic needs.