SEPARATE ASPECTS OF THE ISSUE OF DEFINING THE SUBJECT OF CRIMINAL OFFENSES AND ADMINISTRATIVE OFFENSES IN THE FIELD OF CULTURAL HERITAGE PROTECTION

Abstract

The article is devoted to the study of the issue of finding out the signs of the objects of criminal offenses, the responsibility for which is provided by Art. 178 of the Criminal Code "Damage to religious buildings or houses of worship" and Art. 179 of the Criminal Code of Ukraine "Illegal possession, desecration or destruction of religious shrines" of the Criminal Code of Ukraine, as well as the issue of distinguishing the considered criminal offenses from related administrative offenses. In particular, it was emphasized that the signs of the subject of a criminal offense are: physical – characterizes the physical state of the subject, that is, its materiality, quantity, quality, shape, condition, structure; social – reflects the meaning of the subject of criminal law for a person, shows its place in the system of benefits that are subject to criminal law protection; legal – characterizes the subject in the criminal and legal aspect. Defining the subject of a criminal offense, clearly distinguishing its features and describing the latter in the law on criminal liability paves the right path for law enforcement agencies, helps to eliminate mistakes, and increase the level of legal awareness of the population as a whole. As for establishing the subject of an administrative offense, it paves the right path for law enforcement agencies, helps to eliminate mistakes, and increase the level of legal awareness of the population as a whole. The author gives an opinion that justifies the inaccuracy of the criminal law, the use of tautology, inattention and indifference on the part of the legislator during the adoption of legislative acts, especially in the area that has the ability to limit the rights and freedoms of citizens the most, can sow chaos in law enforcement practice. Uniformity in the application of the criminal law can be achieved, including by revising the concepts used in the criminal law, but periodically subject to rethinking and revision in connection with the appearance of new ones that do not correspond to the existing concepts. This position directly concerns the concept of "the subject of a criminal offense", which, in the opinion of the author, does not meet the requirements and realities of today.