The thesis improves the theoretical provisions of criminal law in terms of understanding the interest as a cross-cutting criminal law concept and on this basis proposals to the Criminal Code of Ukraine have been worked out.
In particular, it is proved that the term "interest" is used in the Criminal Code of Ukraine in two meanings: 1) as an object of criminal defense 2) as criminal motives.
The definition of the concept of "interest" in domestic criminal law is formulated - generated by social relations and not mediated by legal norms, but not contradicting the general principles of criminal law, the subject's desire to satisfy the social needs that are fulfilled in the legal relationship and are subject to criminal law.
A historical and legal study of the concept of "interest" in the monuments of domestic criminal law was conducted and it was established that at the stage of creation of a totalitarian Soviet state the fact of committing a crime in the interests of restoring the power of the bourgeoisie or solely in the interests of the offender played one of the decisive roles and during the decisive role the size of the punishment and became the basis for the further overriding of the public interest over the private in the legal regulation of public relations.
The argumentation of the proposal on the need to formulate a balanced approach to the consolidation of the interests of the state and the individual in the criminal law has been improved - the normal existence and functioning of any democratic state in the legislation must strike a balance between private and public.
There has been a further development of the notion that the terms "right" and "interest" are close in meaning, but nevertheless they have some differences. Yes, the interest protected by law lies beyond subjective law, is a primary and broader concept, is a certain state permit (or no prohibition) that does not imply that other entities have legal obligations.
The state of theoretical elaboration of the concept of interest in the criminal law literature is clarified - the content of the concept of "interest" provokes discussions not only at the scientific level, but also in the science of criminal law. The absence of a single definition of this phenomenon in criminal law can be explained by the fact that each of the existing theories today has both a number of advantages and disadvantages. In addition, interest as an objective (or objective-subjective) phenomenon is closely linked to the crime, the content of which is, in turn, one of the most pressing and controversial issues.
It is proved that the content of the concept of "interest" in the criminal literature has not been sufficiently studied, whereas in the general theory of law and other branches of law the concept of "interest" is the subject of research by various scholars, only its substantive content is debatable.
It is established that the first mention of the concept of "interest" in the criminal law, which operated in the territory of our country, was recorded in the Code of Criminal Laws of 1832. The interest was considered as "treasury" and used in conjunction with acts related to the abduction, loss or loss. execute. This document referred to a procedural regulatory act. In substantive law, the term "interest" is first found in the Code of 1845. "Damage to public interest" also meant acts that caused or could cause damage to the state treasury. The concept of "interest" became widespread in the new Criminal Code of 1903, which represented not only legitimate public but also private interests (the latter are even more common). In addition, the legislator identifies a new kind of interests - property. In the Criminal Code of 1922 and 1927 the term "interest" was less commonly used. Legislation protected, as a rule, only the public interests of the state. The situation began to change rapidly with the publication of the Criminal Code of 1960, in which both private and public interests were uniformly protected, and the term "interest" was used in two meanings: legitimate (positive) or illegal (negative).
Characteristics of the concept of interest in certain crime warehouses under the criminal law of foreign countries showed that the concept of "interest" is quite widespread in the Criminal Code of foreign countries. As a rule, harm to one or another type of interests acts as consequences in the material compositions of crimes, namely the concept acts as legal, ie protected by law or law (the exception is the Criminal Code of the Republic of Uzbekistan, in which the concept is used as criminal (criminal interests). organized groups serving as qualifying traits).
Changes and additions to the Criminal Code of Ukraine in terms of understanding of interest as a cross-cutting criminal legal concept have been formulated.
