КРИТЕРИИ ОТНЕСЕНИЯ ПРЕСТУПЛЕНИЯ К ГРУППЕ СОВЕРШЕННЫХ В СФЕРЕ ЖИЛИЩНО-КОММУНАЛЬНОГО ХОЗЯЙСТВА

Д.Б. Чернышев
2018 №4(45) (2018)  
Due to the increased attention of the state leadership to the issues of criminalization of the housing and communal services market, the work of law enforcement agencies to counteract criminality in this sector of the economy has become more active. However, at the present time, there are no clear criteria for understanding what is the crime in the housing and communal ser‑ vices sector, what formulations of the criminal code it covers, this issue remains controversial. However, the answer to
more » ... er, the answer to this question is necessary for the formation of centralized state statistics, mon‑ itoring the state and level of crime in the industry, and developing adequate effective measures to counteract it. Accordingly, the relevance of development of these criteria is necessary for the formation of methods for identifying, disclosing and investigating these crimes. In this article, the author's opinion is based on the personal practice of applying criminal law in the qualifi‑ cation of crimes in the sphere of housing and communal services, the criteria for the validity of the attribution of a particular crime to the group of crimes committed in the housing and communal services, and its reflection as such in the compilation of the state statistics. We also proposed the most objective criterion for identifying such crime on the basis of a specially selected object of criminal encroachment, which has not been considered in the theoretical studies of the crime qualification up to the present time. The object is selected based on the nature of pub‑ lic relations that arise in the process of functioning of the hous‑ ing and communal services. The article also critically examines the opinions that existed up to the present time in the scientific community on this issue, in connection with the prevailing ten‑ dency to unreasonably expand the list of articles of the criminal code applied to crimes in the economic sphere of interest
doi:10.25683/volbi.2018.45.420 fatcat:56tjnvnfubdcjemun722oqt67e