Умисне знищення або пошкодження чужого майна: питання кваліфікації та вдосконалення кримінального закону

The article is devoted to examining certain problematic aspects of the criminal-law characterization of intentional destruction or damage to another’s property, as provided for in Article 194 of the Criminal Code of Ukraine, as well as several related criminal offenses. The authors consider the prospects of criminal-law prohibitions relating to liability for the destruction or damage of property belonging to “special” victims. They note the diverse nature of existing theoretical proposals and analyze those aimed at eliminating specific special norms from criminal legislation, outlining the shortcomings of such approaches. Some provisions of the draft of the new Criminal Code of Ukraine are critically evaluated. The paper highlights the issue of qualification of intentional destruction or damage to another’s property committed in a generally dangerous manner when the damage caused does not constitute a large-scale loss. The authors analyze scholarly approaches to this problem, identify factors that led the Supreme Court to formulate an interpretative guideline that has helped unify judicial practice on this issue, while also demonstrating the vulnerability of the logic underlying that legal conclusion. Suggestions are offered regarding optimal legislative solutions to this issue. Additionally, the article addresses qualification of acts that obstruct the lawful activity of the Armed Forces of Ukraine and other military formations through intentional destruction or damage to property of military purpose. Based on analysis of judicial practice, the authors note the widespread occurrence of qualification errors, particularly incomplete qualification where ideal concurrence of crimes under Part 1 of Article 114-1 and Part 2 of Article 194 of the Criminal Code of Ukraine is unjustifiably ignored. At the same time, circumstances that may exclude such concurrence are identified. The study reveals particular features of such obstruction: when a factual mistake is present, in cases of attempted offenses, and in complicity. Recommendations are provided on qualification in such law-enforcement situations.