In the dissertation the complex special scientific research of the problem of social conditionality of criminal law norms was made, in which the system of circumstances was substantiated, with the help of which it is necessary to establish (determine) the social conditionality of the criminal law norms of each type. The scientific research is based on a combination of the conclusions accumulated in different branches of knowledge (jurisprudence, philosophy, sociology, criminology, psychology, linguistics, etc.) regarding the nature of the criminal law and the content of certain circumstances (factors) that justify its existence: must be taken into account during its creation, improvement, cancellation and determine its content and form. During the research using the methodology of jurisprudence and other branches of knowledge a system of scientific statements was developed and scientific results in the sphere of criminal law and criminology, which solved an important scientific problem, namely, the social conditionality of criminal law norms, were substantiated. Such a problem is proposed to be solved by means of a system of circumstances, which must comply with each criminal law norm: both current and projected. At the same time, as a result of the study, amendments and additions to the Criminal Code of Ukraine were worked out, consisting in introducing new norms and improving existing ones. This improvement concerns not only dispositions of criminal law norms, but also their sanctions.
Analysis of the attainment of predecessors allowed to conclude that in the doctrine of criminal law, the concept of "criminal law" ("the norm of criminal law") is used, in particular, as a norm- requirement, that is to indicate certain articles (parts of articles) as General and Special Parts of the Criminal Code. On the basis of this, in this sense, the notion "criminal law norm" is used in the dissertation study.
The obtained scientific results, which are important for science and practice, meet the requirements of scientific novelty. Thus, it is proved that for solving the problem of social conditioning it makes sense to allocate 4 types of criminal law norms: protective, regulatory, incentive and defining (norms-definitions). For protective criminal law norms the mandatory conditions of social conditionality are: public utility, systemic and legal inconsistency, clearness and clarity of language, compliance with historical traditions or changes in public life (alternatively), the possibility of combating socially dangerous acts by criminal law means, the availability of resources for the criminal prosecution of persons who committed socially dangerous acts, the proportionality of the positive and negative consequences of criminal prohibition, completeness and non-excessiveness of criminal law prohibition. Optional circumstances for these rules are: unity and certainty of terminology, compliance with public morality, coherence with social and professional legal consciousness. Regulatory criminal law norms must meet the following compulsory circumstances of social conditioning: public utility, systemic and legal inconsistency, clearness and clarity of language, historical traditions or changes in public life (alternatively), professional legal consciousness. Optional circumstances for such standards are the availability of resources for their application and the unity and certainty of terminology. Definitive criminal law norms are socially conditioned if they respond to such mandatory circumstances: public utility, systemic and legal inconsistency, clearness and clarity of language, historical traditions or changes in public life (alternatively), professional legal consciousness. An optional circumstance in this case is the unity and certainty of terminology. Social conditionality of encouraging criminal law norms is determined by the following obligatory circumstances: public utility, systemic and legal inconsistency, clearness and clarity of language, compliance with historical traditions or changes in public life (alternatively), consistency with social and professional legal inconsistency, and compliance with social moral. An optional circumstance for such norms (and, as has been shown, for all others) stands the unity and certainty of terminology.
