Khlystova N. Encouragement of social useful motivation: criminal and criminological aspects.

Dissertation is devoted to distinguish the social useful motivation of criminal, postcriminal and legitimate behaviors. Legal literature and litigious points of view are analyzed in relation with existence of social useful motivation of crime. Determined a concept of social useful motivation, pointed the signs after which such motivation differs from public negative motivation. Defined criminal and criminological essence of social useful motivation of behaviors. Criminal essence consists of a role of public useful motivation at the subjective aspect of elements of a crime and of value of postcriminal conducts. Essence of criminology appears in the individual criminal behaviors device. Social useful motivation is considered at encroachments, which are circumstances eliminated criminality of an act. Grounded position about impolicy of application of criminal punishment like imprisonment or restraint in the cases of commission of crime with social useful motivation. Analyzed criminal norms and measures ofcriminology about prevention of social useful motivation. Good behavior is investigated and determined it's criminological role at prevention of criminality. Suggestions are grounded in relation with the improvement of the proper positions of the Criminal code of Ukraine from position of humanizing and economy of criminal repression.