The relation between the concepts of theft

Author:

Annotation: In the scientific article, taking into account the scientific positions expressed on this issue and its decision at the level of the domestic and foreign legislation, the content of the concepts of "abduction", "theft", "robbery" and the relationship between them are clarified. In the current criminal legislation of Ukraine, the concept of abduction is used both in defining crimes against property and in characterizing the offenses envisaged by other sections of the Special Part of the Criminal Code. This situation helps to mix different in content of the objects of criminal law protection, in particular material relations and relations, providing physical freedom of the person, identifying the latter with the thing and recognizing it, contrary to the provisions of civil law, the object of civil rights, which, on our belief is unacceptable. We have come to the conclusion that the abduction is the unlawful, gratuitous seizure of another's property, which is carried out without the will of the victim, which can be committed in an open or secret manner. The concept of "theft" is broader than the concept of "theft." They co-operate as general and special with each other. That is why these concepts should not be identified, because the concept of "theft" encompasses eight forms defined by law: theft, robbery, robbery, extortion, fraud, misappropriation, embezzlement, seizure of property through abuse, in turn, "abduction" only covers three forms of theft: theft, robbery and robbery; a socially dangerous act in "theft" consists in the seizure of another's movable thing, and in "theft" - in its seizure. That is why these concepts are not synonymous, but appear as separate categories of criminal law.

Bibliographic description of the article for the citation:

. The relation between the concepts of theft//Science online: International Scientific e-zine - 2020. - №1. - https://nauka-online.com/en/publications/jurisprudence/2020/1/sootnoshenie-ponyatij-pohishhenie-hishhenie-i-grabezh/

The article was published in: Science online No1 январь 2020

Sorry, this entry is only available in Ukrainian.

Views: 621

Comments are closed.

To comment on the article - you need to download the candidate degree and / or doctor of Science

Prepare

a scientific article on the current topic

Send

a scientific article to e-mail: editor@inter-nauka.com

Read

your article on the website of our magazine