Some problems of qualifying theft

The article is devoted to the problematic aspects of qualifying theft. On the basis of the analysis of judicial practice, the authors considered the contradictions associated with the application of the norms on criminal liability for qualified theft. There is noted such a contradiction as the uncertainty of the qualification of the actions of the perpetrator in the event of theft from the home, when the intent to steal arose after the violation of his inviolability. It is concluded that it is necessary to qualify the actions of the perpetrator solely as theft of independence from the duration of the previous unlawful stay in the dwelling and the moment the intention for secret theft arose. It also shows the uncertainty of qualification of theft based on the value of the subject of theft, since the initial cost of acquiring a thing cannot always be taken into account, its wear and tear must be taken into account, and the cost of improvements must be taken into account. The need to take into account the cost at which the subject of theft can be acquired in the existing market conditions is shown, since such an understanding corresponds to the greatest extent to the economic criterion of the subject of theft.