OBJECT AND SUBJECT OF THE CRIME OF ILLEGAL PRIVATIZATION OF THE STATE, MUNICIPAL PROPERTY

Abstract

This article considers current approaches to the definition of the concept of the object of any criminal offence. The evolution of views on the concept of the object of any criminal offence is considered. The views and beliefs of modern science of criminal law on the definition of the concept of the object of a criminal offence are investigated. The attention is focused on the definition of the object of criminal offence as a set of public relations subject to protection under the prescriptions of the Criminal Code of Ukraine. The elements of the structure of public relations that constitute the concept of the object of criminal offence are defined. But the definition of each of the elements of this structure is given, which in general constitutes the concept of the object of any criminal offence. In addition, the classification of objects of a criminal offence into general, generic and direct is provided. Generalization of views and highlighting the modern understanding of the concept of the object of criminal offence gave a solid basis for further research. In the following, according to the specified model of definition of the concept of the object of criminal offence, the definition and classification of the object of the criminal offence – illegal privatization of state and municipal property was given. Namely, the general, generic and direct object of the criminal offence – illegal privatization of state and municipal property – was highlighted and defined. The studies and definitions of concepts bordering on the science of criminal law, namely, such categories as sphere of economic activity regulated by the norms of economic law, were carried out. And the main objective of this article was achieved, namely, the highlighting and definition of the subject of criminal offence – illegal privatization of state, communal property. On this basis, using the provisions of the current legislation in the field of privatization of state, communal property, the classification of the subject of criminal offence – illegal privatization of state, communal property was given. The outcome of the study was a proposal to consider the category of a land plot as a subject of criminal offence – illegal privatization of state and communal property.