BALOBANOVA D. Dynamics of the Criminal Law of Ukraine (theoretical and applied research).

The dissertation is the first comprehensive study in Ukraine, in which, on the basis of combining conclusions about the dynamic nature of Criminal Law, a set of determinants affecting the trajectory of Criminal Law, and the construction of an optimal trajectory in conditions of "sustainable development", a system of scientific provisions was developed and scientific results were substantiated aimed to solve the problem of building an effective Criminal Law in Ukraine. These tasks are invited to decide on the basis of the implementation of the legal system of Ukraine grounded in the concept of the optimal trajectory of the Criminal Law in terms of "sustainable development" of dynamics of Criminal Law. The dissertation established that the dynamics of Criminal Law is the state of Criminal Law in space and time, which can be in motion (progress or regression) or calm and which is endowed with a certain structure that contains: criminal law (as a unit); time; space; direction; it proposed under the control of the sustainable development of Criminal Law period of observation time to determine how monitoring period, which is appropriately divided into three types depending on the monitoring of the subject: the current monitoring period – one year; innovation monitoring period – a quarter (three months); operational monitoring period – one week; found that the criteria for optimizing the dynamics of Criminal Law are continuity and consistency; it is substantiated that it is at the level of legal implementation that control over the observance of the basic requirements and standards of the development of Criminal Law and the correction of its dynamics is possible; It found that the determinants of the dynamics of the Criminal Law – these are the factors (events) that affect the dynamics, but she herself is not the phenomena that it generates; it was determined that the determinants of the present dynamics of Criminal Law should be recognized: 1) positive deviations associated with the development and orientation towards modern social values, which tend to support conformity on the part of the majority of the population; 2) international standards of Criminal Law treatment of criminals and victims of criminal offenses; 3) ideology of Criminal Law both at the global and national levels; 4) unsystematic legislative inversion of Criminal Law norms; it is substantiated that the trajectory of a Criminal Law norm is a single element in the dynamics of Criminal Law , which describes the dynamics of a Criminal Law norm from the moment of its emergence to its disappearance; it is found that the dynamics of the Criminal Law today should be formed technically from the standpoint of continuity and coherence at the national level and, at the same time, must meet the legal policy ideologically acting on the global (international) level and the perceived state; such dynamics for Criminal Law should be defined as “sustainable development dynamics”; it is substantiated that the optimal model of the trajectory of the Criminal Law norm in the context of the dynamics of the "sustainable development" of Criminal Law is an evolutionary or revolutionary development of the normative consolidation of certain Criminal Law relations, coordinated at the legislative, scientific and law enforcement levels. The approach to the recognition of the main instruments of reflecting the dynamics of lawmaking on the legal implementation of criminalization and decriminalization has been improved. Criminalization theory has been developed, according to which the bases should be included criminalization bases three groups: 1) legal and criminological, which include: a) the social danger of the act; b) representative and sufficient common form of antisocial behavior; c) the dynamics of socially dangerous acts, taking into account their generating causes and conditions; d) the presence of the need to influence Criminal Law measures; e) taking into account the capabilities of the criminal justice system in countering certain forms of antisocial behavior; 2) socio-economic, which include: a) the ratio of positive and negative consequences of criminalization; b) the availability of material resources for the implementation of the Criminal Law prohibition; 3) social and psychological, which include: a) the level of public consciousness and psychology; b) historical traditions. Only a summary assessment of all the grounds for criminalization in their interconnection, interaction and interpenetration makes it possible, in the end result, to make the right decision on establishing a Criminal Law prohibition.