Public place as a constructive sign of the objective side of vandalism

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Introduction: the author analyzes the features that make it possible to recognize a crime scene as a public one, and gives its definition. Materials and Methods: the empirical basis for the study were the Criminal Code, Code on Administrative Offences norms, Federal legislation, academic literature and theses on the subject. Dialectical, legal and comparative-legal methods were the methodological basis of the study. Results: the analysis of the features of the term "public place", which was included in the actus reus of the considered crime. The emphasis was placed on the criminal legal qualification in the Commission of the specified act. On the basis of legislation, academic literature and dissertation research, the author analyzes the points of view of this concept, as well as the challenges that arose in qualification. The article considered the wording used by researchers and practitioners in the qualification of actions of persons who committed vandalism in public places. Discussion and Conclusions: recommendations on the most effective application of the criminal law norm are formulated.

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Vandalism, public place, objective side of vandalism, property damage in public places

Короткий адрес: https://sciup.org/142225395

IDR: 142225395   |   DOI: 10.37973/KUI.2020.41.3.006

Статья научная