ON THE ISSUE DEVELOPING CRIMINAL NORMS ON THE LIABILITY FOR THEFT OF PROPERTY
Keywords:
theft, someone's property, qualification, criminal offense, criminal liability, illegal entry, living apartment, embezzlement, criminal code, recurrencAbstract
The article investigates and analyzes the problems arising from the qualification of such crimes, as stealing someone's property committed in the form of theft, traditionally dominant in the domestic criminal law statistics. The actual problems related to theft qualifications, regularly arising in law enforcement practice, are considered in this article. The article also describes the issues of assigning a right punishment for a socially dangerous act committed in the context of solving actual problems of law enforcement practice and criminal law theory. The subject of the study is a set of practical and theoretical problems of qualifying the theft of someone's property committed by theft, features and circumstances that affect the correctness of the criminal-legal assessment of the specified crime. The conceptual positions of the scientists who have studied the actual scientific and practical problems of the correct qualification of the theft of someone’s property are analyzed. A number of scientifically substantiated conclusions were developed and proposed, and reasoned proposals were offered to the domestic legislator directed to amend the norms of the current Criminal Code of the Republic of Kazakhstan. Making reasonable proposals for correcting the norms of legislation is to clarify the theoretical significance of the conceptual apparatus. Proceeding from public safety and with a view to differentiating responsibility, it is proposed to strengthen the disposition of this article and such qualifying signs as «repeatedly» and «with illegal penetration into apartment» to transfer from the categories of moderate severity to crimes of a grave category. Also, in the disposition of this article, by analogy with the legislation of the Russian Federation, it is proposed to introduce a qualifying attribute «theft committed from clothes, bags or other hand luggage held by the victim». In order to ensure the lawful circulation of weapons in the country, it is offered to the domestic legislator to implement criminal responsibility instead of administrative responsibility for the illegal turnover of smooth-bore weapons and cartridges.