MISHCHENKO E. Effective remorse in criminal law.

Based on the analysis of the criminal legislation of Ukraine, foreign experience of legal regulation, theoretical studies and empirical material, the thesis solves the scientific task of revealing the content of the concept of "effective remorse", determining its features, types and forms of manifestation, clarifying its criminal-law significance, and also formulating recommendations for the practice of application of criminallaw provisions and developing scientifically sound proposals for improvement of the relevant provisions of the Criminal Code of Ukraine. The author substantiates that in criminal law the concept of ‘remorse’ by its content and scope has a generic meaning and characterises certain behaviour of a person who has committed a criminal offence. Its varieties include: a) voluntary repudiation and b) effective repentance. The author proposes to understand effective remorse as a voluntary conscious and volitional lawful socially useful post-criminal activity of a criminal offender aimed at eliminating or minimising the socially dangerous consequences of the act committed by him/her. It has been established that the criminal legal consequences of effective repentance under the current criminal legislation of Ukraine may consist of: a) exclusion of criminal liability; b) exemption from criminal liability; c) mitigation of punishment; d) exemption from punishment and its serving; e) expungement of criminal record; f) application of other criminal law measures. It has been established that the criminal legal consequences of effective remorse under the current criminal legislation of Ukraine may consist of: a) exclusion of criminal liability; b) exemption from criminal liability; c) mitigation of punishment; d) exemption from punishment and its serving; e) expungement of criminal record; f) application of other 21 criminal law measures. Based on the study, the author substantiates the need and expediency of improving the relevant provisions of the General and Special Parts of the CC.