До поняття посткримінальної поведінки правопорушника, що вчинив кримінальне протиправне діяння

Abstract

Abstract. The article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called "post-criminal", "post-criminal" or "post-criminal". At the same time, it is noted that, taking into account the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pretrial Investigation of Certain Categories of Criminal Offenses" dated November 22, 2018 No. 2617 VIII (entered into force on July 1, 2020), the use of phrases "post-criminal behavior" or "post-criminal behavior" is inappropriate and incorrect. Therefore, the updated classification of criminally punishable acts and the introduction of the concept of "criminal offense" allows the use of the concept of "post-criminal". Based on the analysis of the work of leading scientists in the field of criminal law, as well as evaluating the legal construction of post-criminal behavior, taking into account the linguistic analysis of the content of the concept, it was established that post-criminal behavior can be defined as a legally significant action or inaction (more often a combination of them) of a person after committing a criminal offense offense and until the time of repayment (removal) of the criminal record or the occurrence of other legally significant consequences, which indicate the termination of criminal-legal relations and are caused by such behavior (release of a person from criminal responsibility, release from punishment, etc.).