PUNISHMENT FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING AND UTILITY FACILITIES

Abstract

The article examines the problems of legislative construction of sanctions for the intentional destruction or damage of housing and communal facilities. Corresponding deficiencies in the types and amounts of punishments provided by the legislator for the commission of these offenses were revealed. On the basis of the analysis of judicial practice in matters of sentencing for criminal offenses, including for the intentional destruction or damage of objects of the housing and communal economy, a certain inconsistency with the declared goals of the punishment provided for in Art. 50 of the Criminal Code of Ukraine. In particular, the amount of the fine provided for by the sanction of the article is in most cases much smaller than the actual amount of the damage caused and practically does not correspond to modern socio-economic realities, and taking into account that the majority of those convicted under Art. 270-1 of the Criminal Code of Ukraine are unemployed or those who do not have a basic income, fines and correctional works as the main types of punishment remain declarative, the execution of which is practically impossible for this category of persons. Thus, taking into account the nature and degree of public danger in the law enforcement activities of judicial bodies, there is a tendency to unjustifiably expand the use of punishment in the form of deprivation of liberty with further exemption from its actual serving on the basis of Art. 75 of the Criminal Code of Ukraine.