PROPERTY DAMAGE AS A DERIVATIVE CONSEQUENCE OF INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING AND COMMUNAL OBJECTS

Abstract

The work is devoted to the study of socially dangerous consequences of
intentional destruction or damage to housing and communal facilities (Article
270-1 of the Criminal Code of Ukraine). The presence of a whole series of socially
dangerous consequences was established as a mandatory feature of the objective
side of the analyzed crime, the main ones - destruction or damage of housing and
communal facilities, intermediate ones - impossibility of operation or violation of
the normal functioning of such objects, derivatives - danger to life or health of
people or property damage in a large amount. Emphasis is placed on the
impossibility of identification in Art. 270-1 of the Criminal Code of Ukraine of
socially dangerous consequences in the form of destruction or damage to
property with socially dangerous actions. It is through the prism of socially
dangerous consequences that the categories of destruction and damage can be
distinguished, since the same actions in some conditions can cause the
destruction of certain property, and in others - only its damage. Thus, the
destruction or damage of property is the main socially dangerous consequence of
the composition of the criminal offense provided for in Art. 270 of the Criminal
Code of Ukraine.
Derivative consequences in the form of property damage of a certain size
are the main distinguishing feature of criminal destruction of housing and
communal facilities from non-criminal ones. It has been proven that the
calculation of property damage as a result of damage or destruction of an object of
housing and communal services, in contrast to the theft of property, is carried out taking into account not only the value of this or that property or its part, but also
the costs necessary to restore the operation of the corresponding object of law
property