MARTIAL LAW AS AN AGGRAVATING CIRCUMSTANCE OF CRIMINAL OFFENSES AGAINST PROPERTY OF A SELFISH NATURE

The article is devoted to the study of the signs of martial law and their influence on the degree of public danger of criminal offenses against property with a selfish orientation. The article highlights the signs introduced on February 24,2022. martial law in Ukraine: 1) the presence of armed aggression by the Russian Federation; 2) introduction of martial law in the entire territory of our country; 3) giving the specified authorities the powers provided for by the Law of Ukraine “On the Legal Regime of Martial Law” in terms of organizing the repulsion of the armed aggression of the Russian Federation;4) temporary restriction of the constitutional rights and freedoms of a person and a citizen (Articles 30–34, 38, 39, 41–44, 53 of the Constitution of Ukraine) and the rights and legal interests of legal entities (to the extent and scope necessary to ensure the possibility of introducing and implementing measures of the legal regime of martial law). It is substantiated that these signs do not have a direct impact on the degree of public danger of criminal offenses against property with a selfish orientation. Besides, due to the lack of sufficient grounds for the additional criminalization of criminal offenses against property of a selfish nature (increased degree of public danger, etc.) by introducing into the relevant criminal law norms such a particularly qualifying feature as their commission under martial law, it is proposed to exclude this feature from articles 185–187, 189–191 of the Criminal Code of Ukraine, and instead include the feature of committing these acts “using the conditions of martial law, in particular, mass abandonment by the owners of their property”.