A SUBJECT OF THEFT IN THE FIELD OF MULTI-APARTMENT BUILDINGS MANAGEMENT

Abstract

The paper focuses on the peculiarities of the subject of theft in the field of multi-apartment buildings management. Given that most of these crimes are committed by heads of organizations that manage multi-apartment buildings, the authors studied their legal status. The article justifies the need for the Supreme Court of Russian Federation to clarify the theft offences committed by the head of the organization that manages the multi-apartment building if it is illegally elected or hired. It is established that the characteristic feature of the subject of theft in the sphere in question is the existence of organizational, administrative or economic powers, which makes it possible to qualify theft, as committed with the use of the person's official position. The authors argue that the application of Note 1 of Article 201 of the Criminal Code of the Russian Federation needs to extend to individual entrepreneurs, temporarily or by special authority performing administrative, administrative or economic functions with respect to entrusted property.