Consolidation Of The Motive Of A Criminal Offense In The Special Part Of The Criminal Code Of Ukraine

Abstract

The article substantiates the need to study the peculiarities of enshrining the motive of criminal offence in the Special Part of the current Criminal Code of Ukraine. Since the motive of criminal offencehas an important criminal significance along with other features of the subjective side of criminal offence, it is important to analyze the consolidation of the legislator of this category in the rules of criminal law. A large number of scientific works devoted to the motive of criminal offence as one of the features of the subjective side of criminal offence have been studied. The analysis of the Criminal Codes of 1922, 1927, 1960, 2003 in the part of fixing of motives in the Special part of the given regulations is carried out. Even in the first criminal codes of the Soviet era, the legislator used various notations of the term «motive», which brought some chaos to the unity of criminal terminology. The current Criminal Code of Ukraine also does not provide clear clarity in the understanding of the motive in the construction of criminal law. In some cases, the motive of criminal offence is replaced by other, similar in content terms; otherwise does not describe the existing motives in the construction of corpus delicti. In addition, there is no explanation and definition of the concept of «personal motives», «personal interest», which are used by the legislator in certain provisions of the Special Part of the Criminal Code of Ukraine. All the above gaps indicate that in the current Criminal Code of Ukraine, the motive as a sign of the subjective side requires significant detail and specification. Significant gaps in the designation of certain motives in the Criminal Code and the importance of their elimination for a common understanding of the meaning and content of the motive among other elements of the subjective side of the crime.