Current Issues in the Classification of Criminal Offenses Against Property in the Context of Contemporary Law Enforcement Practice.

The article provides a legal analysis of criminal offenses against property, in particular those provided for in Section VI of the Criminal Code of Ukraine. Particular attention is paid to the problems of qualification, differentiation between related offenses (theft, robbery, fraud, embezzlement or misappropriation of property, etc.), as well as the difficulties in determining intent, form of guilt, motive, and purpose. The content of the legal positions of the Supreme Court regarding the classification of certain forms of unlawful encroachment on property is revealed, in particular cases where a person's actions are classified not as fraud but as robbery in the case of open seizure of property, even if access to it was obtained by deception. The expediency of improving the legislative wording of certain crimes and the need to develop a uniform judicial practice to ensure legal certainty are substantiated. Approaches to resolving conflicts in classification are proposed, and a number of proposals are formulated to improve criminal legislation and its application in the field of property rights protection. Another important issue is the objective assessment of the value of property, the method of its acquisition, and the subjective aspect of the act, which directly affects the accuracy of classification, the determination of the degree of public danger of the offense, and the fairness of the punishment imposed. This necessitates a critical analysis of current law enforcement practice, the identification of gaps and conflicts in criminal legislation, and the formation of clear guidelines for judicial and investigative activities. Particular attention is paid to the impact of digitalization, new forms of property offences (in particular in cyberspace), as well as legal issues related to the assessment of the value of stolen property. Conclusions have been drawn about the need to improve criminal legislation, develop a uniform practice of interpreting and applying criminal law norms, and raise the level of legal qualification of law enforcement officials. Keywords: theft, robbery, qualification, property, fraud, Criminal Code, intent, judicial practice, criminal law.

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Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-08-31
DOI
https://doi.org/10.23939/law2025.47.001
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Current Issues in the Classification of Criminal Offenses Against Property in the Context of Contemporary Law Enforcement Practice.

Mariia Koval, Volodymyr Ortynskyi
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Ukrainian Legal and Forensic Studies
article

Current Issues in the Classification of Criminal Offenses Against Property in the Context of Contemporary Law Enforcement Practice.

Mariia Koval, Volodymyr Ortynskyi
article en

Abstract

The article provides a legal analysis of criminal offenses against property, in particular those provided for in Section VI of the Criminal Code of Ukraine. Particular attention is paid to the problems of qualification, differentiation between related offenses (theft, robbery, fraud, embezzlement or misappropriation of property, etc.), as well as the difficulties in determining intent, form of guilt, motive, and purpose. The content of the legal positions of the Supreme Court regarding the classification of certain forms of unlawful encroachment on property is revealed, in particular cases where a person's actions are classified not as fraud but as robbery in the case of open seizure of property, even if access to it was obtained by deception. The expediency of improving the legislative wording of certain crimes and the need to develop a uniform judicial practice to ensure legal certainty are substantiated. Approaches to resolving conflicts in classification are proposed, and a number of proposals are formulated to improve criminal legislation and its application in the field of property rights protection. Another important issue is the objective assessment of the value of property, the method of its acquisition, and the subjective aspect of the act, which directly affects the accuracy of classification, the determination of the degree of public danger of the offense, and the fairness of the punishment imposed. This necessitates a critical analysis of current law enforcement practice, the identification of gaps and conflicts in criminal legislation, and the formation of clear guidelines for judicial and investigative activities. Particular attention is paid to the impact of digitalization, new forms of property offences (in particular in cyberspace), as well as legal issues related to the assessment of the value of stolen property. Conclusions have been drawn about the need to improve criminal legislation, develop a uniform practice of interpreting and applying criminal law norms, and raise the level of legal qualification of law enforcement officials. Keywords: theft, robbery, qualification, property, fraud, Criminal Code, intent, judicial practice, criminal law.

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(47)
Openalex Percentile: Top 73%
Ukrainian Legal and Forensic Studies
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