Subject of Dispute: Criminal Proceedings Regarding Theft of Property Valued at 500 UAH, Committed by PERSON_6 by Entering a Dwelling during Martial Law.
Main Arguments of the Court: The Supreme Court established that the appellate court incorrectly closed the criminal proceedings, as the value of the stolen property did not exceed 2 non-taxable minimums. The court indicated that the act involving entry into a dwelling should be reclassified under Part 1 of Article 162 of the Criminal Code of Ukraine (violation of dwelling inviolability), rather than being closed entirely. Moreover, the appellate court violated procedural norms by closing the proceedings without the consent of the convicted person.
Court Decision: To cancel the ruling of the appellate court and assign a new review of the case in the appellate court, taking into account the provided recommendations.
