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The object of corruption crimes against property



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3. The object of corruption crimes against property

The object is defined as a crime encyclopedic public relations Protected mye criminal law, which is aimed criminal trespass. There are three types of objects: 1) the common object - all the offenses; 2) generic object - that certain parts of public relations, protected by law (as chapters of the Criminal Code, and as generic objects); 3) direct object - a specific social relation to which the crime is assault (each article of the Criminal Code indicates the direct object) **.


Generic object based on the name of Chapter 6 of the Criminal Code ("Criminal offenses against property"), Article 189 (paragraph 2, part 3) is a property.


Statutory rights of the owner are the basis of property relations, acting as a direct object of protection by means of criminal law.

The owner of property has the rights:


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* См.: Комментарий к Уголовному кодексу Республики Казахстан. – Караганда, РГК ПО «Полиграфия», 1999. – С. 408.
** См.: Юридический словарь. – М.: Институт новой экономики, 2007. – С. 420.
1) ownership of property;
2) the use of property;
3) the disposition of property.
Under the ownership of the property it is understood the actual possession of the thing that creates the possibility of direct action on the item.
Possession of a thing (property) rights reserved to the subject. The legal (title) the owner may not be the owner and the tenant (lessee) under a contract of tenancy, the mortgagee, the carrier, the guardian of the property, the commissioner and others *.

By use of the property is understood one of the basic competences of the proprietor. The enjoyment is the right thing consumption (operating property, obtaining fruits and revenues generated to them, etc.).


Terms of Use may have not only the owner of the thing (property), but also its rightful owner-non-owners (for example, the tenant, the tenant-tenant), as well as persons who are neither the owner nor the owner (the person in whose favor the easement). Easements (ie obligation) encumbered, for example, buildings and other real estate. ** These differences need to know the correct definition of the object of corruption crimes against property. Under the disposal of the property is understood one of the proprietary rights of things. This authority includes the right to make transactions: the sale, delivery, gift, lease, etc. As a result of acts disposition of property made his alienation and transfer for temporary


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*См.: Большой юридический словарь. – М.: ИНФРА-М, 2002 – С. 89.
** См.: Там же, с.445, 554.
possession and use of another person, as a deposit, Deposit and others. Order is determined by the legal fate of the things that is either terminated or suspended the right of ownership to it*.
Thus, the direct object of the offense is the property of another.

The consequences of corruption offenses against property are causing property damage.




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