The dissertation is devoted to the criminal-legal analysis of the phenomenon of the subjective attitude of the person to the objective signs of the criminal offense committed by him and its significance in the criminal law of Ukraine. Taking into account the available theoretical developments, experience of normative regulation and practical implementation of the relevant legislative provisions, its doctrinal, historical, ideological, criminal-political, legislative and law-enforcement aspects have been studied.
Determining the place of a person's subjective attitude to the objective signs of a criminal offense in the criminal law of Ukraine, the dissertation analyzes the links of this idea with the principles of criminal law, and takes into account domestic traditions of constructing criminal liability as the presence of specific characteristics. covered by the legal structure "composition of a criminal offense." It is proved that the requirement of a certain subjective attitude of a person to the objective signs of a criminal offense is a component of the principle of criminal responsibility in the criminal law of Ukraine, as well as a derivative of plea.
Legal acts of the period of X-XXI centuries are studied, as well as the latest draft laws in terms of regulating the subjective side, guilt, differentiation of its forms and types, their intellectual and volitional moments. It was found that the phenomenon under study was known in criminal law during the Russian Pravda, and later reflected in the Lithuanian Statutes, Sudebniks, Rights of the Little Russian People, Russian Imperial Law, Soviet Criminal Law and the Law of the Independent Ukrainian State.
The methods of normative regulation of criminally significant subjective attitude of a person to the committed encroachment (including to its objective features) in the criminal legislation of foreign states (Western and Eastern European countries) and in international criminal law in the Rome Statute of the International criminal court). The features of similarities and differences between these acts and the Criminal Code (hereinafter - the Criminal Code) of Ukraine in terms of regulation of this issue.
The peculiarities of the subjective attitude of the perpetrator to the object in causing the latter harm "from the outside", when the perpetrator encroaches on the carrier (subject) of public relations. It is proved that regardless of the form of encroachment, there is if not complete destruction or damage, then at least the transformation of social property relations, where the perpetrator, expressing his negative attitude to the rights of another person illegally gets the opportunity to use property, and actual confiscation of property the owner of the right to own it, in itself already makes any legal transactions with him impossible.
Examining the attitude to the subject of the criminal offense, it is noted that the guilty subject is aware, he expresses his attitude to the value of the thing, its social significance, and not to the form. At the same time, the attitude to such a thing is either negative or indifferent.
It is stated that the attitude of the perpetrator to the victim and his signs in the Criminal Code of Ukraine is actually modeled in one of two forms: awareness and awareness.
It is stated that as an act of human volitional behavior, a criminal offense is a psychophysical unity of the objective (external - physical) and subjective (internal - mental) aspects of the act. It is substantiated that committing active criminally illegal behavior (action), a person is aware of the commission of a specific, socially dangerous, illegal, voluntary act.
It is determined that the criminal-legal qualification of acts in the presence of a legal error under such conditions is carried out on general grounds, except for a legal error in the criminal illegality (non-crime) of the act.
It is established that in most criminal offenses with material composition the socially dangerous consequences defined by law are not the consequences of a criminal offense, but are a sign of normative nature, which indicates a certain amount or amount of damage and is the only possible mechanism for isolating the encroachment. precisely those that in their level and nature correspond to the social danger of such a social phenomenon as a criminal offense.
Emphasis is placed on the fact that Articles 23-25 of the Criminal Code of Ukraine in determining guilt, intent and its types, negligence and its types do not mention the mental attitude of a person to the place, time, situation, manner or means of committing a criminal offense, as well as mental attitude of a person to the development of a causal link between a criminally illegal act and its socially dangerous consequences.
