Subject of Dispute: Determination of the Minimum Value of Stolen Property Triggering Criminal Liability for Theft.
Main Arguments of the Court: The Supreme Court established that when determining criminal liability for theft, it is necessary to consider the amount of the non-taxable minimum income of citizens at the time of the offense. In this case, as of January 1, 2021, the subsistence minimum was 2,270 UAH, therefore the value of the stolen property (2,782.21 UAH) exceeds the threshold of criminal liability. The court deviated from previous practice, indicating the need to apply the minimum value at the time of the crime, rather than at the time of the new law coming into effect.
Court Decision: Satisfy the prosecutor’s cassation appeal, cancel the appellate court’s ruling, and assign a new review of the case in the appellate instance.
