The dissertation on the basis of the analysis of scientific developments points to the complex, multifaceted nature of the concept of "motive", which is the subject of research in many sciences. It is emphasized that the science of criminal law, given its own subject and methodology has its own developments on the concept, content and meaning of the motive for a criminal offense. Nevertheless, numerous differences in the understanding of the motive of a criminal offense in the science of criminal law negatively affect the practical activities of investigative and judicial bodies in the qualification of socially dangerous acts and sentencing.
The dissertation analyzes the main developments of representatives of schools of criminal law (classical, anthropological, sociological), which have become the foundation for a modern understanding of the motive of criminal offense. In addition, the legal status of the motive for a criminal offense in the criminal law of the Romano-Germanic, Anglo-Saxon, religious and traditional legal families.
The main features of the motive of a criminal offense are determined: 1) conscious character 2) volitional character 3) influence on the formation of a person's mental attitude to the committed act and consequences. Based on these features, the author's definition of the motive for committing a criminal offense is proposed: the motive for a criminal offense is a conscious internal motivation that forms a person's direct mental attitude to the act and consequences committed by him.
Depending on the nature of a person's mental attitude to the act and consequences forms the motive of the criminal offense, all motives in criminal law should be divided into: 1) motives that form intentional criminal offenses. These are the motives mentioned by the legislator in the articles of the Special Part of the Criminal Code of Ukraine and those that are dominant and most common in judicial practice of intentional criminal offenses (selfish motive, hooligan motive, motive of racial, national, religious intolerance motive of obvious disrespect for society, motive of revenge, sexual motives); 2) motives that form negligent criminal offenses: 2.1) motives of criminally illegal, self-confident action (motive of self-affirmation, motive of self-confidence, motive of omnipotence, motive of excessive recognition of one's value, significance, etc.); 2.2) motives of criminally illegal negligence (motive of indifference, motive of selfishness, motive of inattention, motive of contempt and contempt). In addition, the classification of motives can be carried out according to other (additional) criteria.
