Теоретичні засади визначення об’єкта кримінальних правопорушень проти власності у сфері будівництва

The article considers the theoretical aspect of such an element of the composition of criminal offenses against property in the construction industry as the object of the corresponding criminal offense (crime or misdemeanor). The author analyzes the role and significance of the object of a criminal offense in the Ukrainian legal system. Thus, it is established that the practical significance of the object of a criminal offense is extremely important in at least two aspects: 1) normative (legislative) and 2) applied (criminal legal qualification). It is determined that the structure of most sections of the Special Part of the Criminal Code of Ukraine is determined mainly by the content of the object of a criminal offense, which mediates the normative significance of the object of a criminal offense. In the article, the author supports a three-stage classification of objects of a criminal offense – their division into general, generic and direct. It is determined that the use of a specific object of a criminal offense is inappropriate from both theoretical and practical points of view. The author considers the main concepts of the general object of crime that exist in the Ukrainian science of criminal law. Such concepts are the definition of the object of crime as: 1) social relations; 2) values; 4) goods; 5) legal relations; 6) realities of life; 7) the order of relations between people that arise in society regarding material and intangible objects. The advantages and disadvantages of each of the above-mentioned approaches to defining the object of a criminal offense are analyzed. The concept and meaning of the generic object of crimes against property are also analyzed. Thus, the author criticizes the approach that such an object is property as both an economic and legal category. It is established that it is the order of relations between participants in construction relations that is brought into a state that does not comply with the legislation of Ukraine as a result of criminal offenses in the field of property in the construction industry. Based on the relevant analysis, it was determined that the main direct object of criminal offenses against property in the construction sector is the order of relations between individuals and legal entities (developer, contractors, investor, land owner, regulatory authorities, etc.) regarding the creation (new construction, reconstruction, restoration and major repairs) of material goods - namely, construction objects.