Peculiarities of deliberate destruction or endamagement of public utilities (Article 270–1 of the Criminal Code of Ukraine)

Abstract

The article outlines problematics related to the direct object of deliberate destruction or damage of public utilities. Two dominant, directly opposing positions have been analyzed with regard to the object of the specified crime, which manifests itself in property relations and social relations in the field of public safety. The study of theoretical papers by researchers addressing the indicated problematics and the analysis of court practices have confirmed the existing shortcomings in providing description for the investigated crime, particularly violations of systematicity in criminal law while formulating criminal law circumstances, simultaneous presence of three types of socially dangerous consequences within one offense, and multiobjectiveness. Taking into account the goal and objectives of the draft law, which criminalize deliberate destruction or endangerment of public utilities, peculiarities of drawing socially dangerous consequences of the element of this crime, as well as the importance of public utilities for meeting the needs of population, it is proposed to recognize social relations in the field of public safety as the primary object of the crime under investigation, along with additional mandatory objects encompassing alternatively life, health, and property.