Chornei S. Sаnity as an element of the subject of crime

In this thesis the criminal-law nature, insight, content, and types of sanity and its criminal-law meaning are determined, and on this basis formulated substantiated proposals on improvement of the current legislation and the corresponding law-enforcement practice. It is substantiated that the sanity is acknowledged not only by prerequisite of guilt, but also by prerequisite for the optional features of the subjective aspect; therefore, when defining it, one should find out the existence of another relatively independent sign of responsibility, namely, the ability of a person to motivate his actions, to set the goal of their commitment and the manifestation of appropriate emotions and control over them. It has been shown that acknowledging a person immune from prosecution does not exclude the possibility of bringing him to criminal liability, but excludes the use of such liability because insane persons are not able to perceive the meaning of such liability. The opinion concerning the complexity of the criminal-legal nature of sanity has been proved: on the one hand, it is an element of subject of crime structure (the institutional aspect of the sanity), and on the other – the prerequisite of subjective side in committing a criminal offense (functional aspect of the sanity). Has been elaborated and improved theoretical status on the delimitation of limited sanity from complete in terms of their socio-medical, psychological and legal characteristics. On this basis, a recommendation has been made for further differentiation of criminal legal responses to criminal offenses committed in a state of limited legal capacity, namely, along with the criminal liability of such persons, to introduce another means of criminal legal reaction for a criminal offense commitment in the form of mandatory psychological correction of behavior. The advanced version of the article "Sanity" in the Criminal Code of Ukraine, as well as the structure of its paragraph "Person subject to criminal liability" is proposed