- Journal Issues
- № 2 2015 Competitive criminal proceedings
- Problems of criminal law
- Features determining the legal nature of bank money as a subject of crimes against property
Features determining the legal nature of bank money as a subject of crimes against property
Review
The article concerns with the doctrinal scientific approaches to understanding of the legal nature of non-cash facilities. It was concluded that non-cash facilities have mixed, material-obligation legal nature. The study suggests that the concept of civil property and includes non-cash costs and therefore, fix fact, penal concept of «property» (in Vol. H. By amending the Criminal Code of Ukraine) is required. Question of mostly clothing or binding legal nature of bank money as a form of property to solve problems related to a criminal assault on the money, is not essential. With regard to the recognition of non-cash money subject property crimes should recognize the constructive compromise approach, under which the bank money are mixed (floating-binding) nature. Therefore, you should maintain current dominant position in the literature, according to which the qualification attacks on cash does not depend on the form (cash or non-cash) of their existence; subject of crime in the illicit non-cash write-off amounts from bank accounts is property belonging to account holders; illegal encroachment on bank money should be regarded as taking possession of another’s property in a particular way, certain Criminal Code of Ukraine. Scope of the subject property crimes continues to maintain its relevance and especially in terms of defining the prospects replacement is developed in the Soviet period the concept of crimes against property in the concept of property crimes.
Keywords: crimes against property, target of crime, non-cash facilities.