Peculiarities of establishing the features and properties of the victim in the process of qualification of theft under Russian law

The article is devoted to the problem of establishing individual signs and properties of the victim of secret theft of property, which is important for modern legal science and law enforcement practice. To date, thefts committed with illegal penetration into various objects with restricted access rights are among the most frequently committed crimes. At the same time, in the practice of investigative bodies, the qualification of the actions of the culprit is often made dependent on a number of signs of the victim, which, as a rule, do not have objective confirmation and are established from words. In this regard, the relevant legislative norms establishing liability for qualified types of theft not only do not solve the problem, but even generate ambiguous approaches to legal application due to the abstractness and ambiguity of a number of important legal categories and definitions. Based on practical experience, the author considers the problem in both theoretical and legal and applied aspects, offering separate approaches to the establishment and accounting of legally significant properties of the person who suffered in the process of qualifying thefts.