Hryshchenko O. Fictions in the criminal law of Ukraine

The thesis generalizes the theoretical definition of the essence and content of fictions in the criminal law of Ukraine. The legal nature, content of fictions in the criminal law of Ukraine are characterized. The necessity of improving the existing model of using fictions in order to bring it in line with European standards is substantiated. The initial principles and prerequisites for the analysis of legal fiction have been improved. The author’s concept of legal (legal) fiction is formulated, which is proposed to be defined as a technical and legal method applied by the legislator in the norms of any branch of law and consists in the recognition of what is currently declared non-existent. The author’s concept of «criminal fiction» is formulated as a technical and legal technique applied by the legislator in the norms of the Criminal Code of Ukraine, by means of which criminal relations are established and established, which are expressed in recognition of non-existent facts for existing and vice versa, or other phenomena. It is determined that fiction as an admission of legislative technique is a general rule.