Subject of Dispute: Qualification of Actions of a Person Who Committed Thefts in Summer Houses Totaling No More Than 2 Non-Taxable Minimum Incomes of Citizens.
Main Arguments of the Court: The Supreme Court indicated that the appellate court incorrectly closed the criminal proceedings, since the act was committed with penetration into premises, which provides grounds to qualify it under Part 1 of Article 162 of the Criminal Code of Ukraine (violation of the inviolability of housing), rather than closing the proceedings. The court referred to the resolution of the Joint Chamber of the Cassation Criminal Court, which established that such actions are subject to qualification under the article on violation of the inviolability of housing.
Court Decision: To cancel the ruling of the appellate court and assign a new review in the appellate court instance for the purpose of correct qualification of the person’s actions.
