of November 6, 2009 No. 10
About court practice in cases on property offenses
For the purpose of realization of the constitutional guarantees of protection of all patterns of ownership against criminal encroachments, identical and correct application by courts of the legislation on responsibility for property offenses, prevention of miscarriages of justice by hearing of cases of this category Plenum of the Supreme Court of Ukraine DECIDES to make to courts such explanations:
1. Pay attention that in cases on property offenses courts shall how to ascertain guilt of defendants and to appoint by it punishment, necessary and sufficient for their correction and the prevention of new crimes, and to take the measures provided by the law for realization of the rights of the victims to compensation of the caused damage.
2. Subject of property offenses is the property which has the determined cost and is stranger for the perpetrator: things (movable and immovable), money, valuable metals, securities and so forth, and also right to property and action of property nature, electrical and heat energy.
If for plunder, taking, assignment, destruction, damage and other acts of rather certain property, objects or means (for example, firearms, drugs, psychotropic substances, precursors, radioactive materials and so forth) responsibility is provided under Articles which contain in other Sections of the Special part of the Criminal code of Ukraine (further - UK), then such acts shall be qualified under these Articles and do not require additional qualification under the relevant articles of the Section VI of the Special part of UK.
3. Theft (secret plunder of alien property) is plunder, performing which, the perpetrator considers that it does it imperceptibly for the victim or other persons.
The robbery is open plunder of alien property in the presence of the victim or other persons who realize illegal nature of actions of the perpetrator which in turn realizes that its actions are noticed and are estimated as plunder.
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