THE LEGAL NATURE OF INCENTIVE MEASURES OF CRIMINAL-LEGAL NATURE

Abstract

Having analyzed the content and correlation of methods of coercion and encouragement in the domestic criminal law doctrine and legislation, we came to the following conclusions. The modern criminal law policy of fighting against crime is directed not only on the application of coercion, but also on the encouragement (stimulation) of the behavior of the person who made (or is going to make) a criminal offense. This is provided for the purpose of preventing further criminal conduct and resolving the criminal law conflict through encouraging criminal law measures. Incentive measures of a criminal legal nature are divided into measures that are provided for in the General and Special parts of the Criminal code of Ukraine. Encouraging measures of criminal-legal character of the General part are realized in the form of: 1) final termination of preparation for a crime or attempt at a crime – Art. 17, 31 of the Criminal code of Ukraine; 2) exemption from criminal liability – Art. 45, 46, 48 of the Criminal code of Ukraine; 3) mitigation of punishment, which is the result of positive post-criminal behavior of a person – items 1, 2, 2-1 of Part 1 of Art. 66, Art. 69-1 of the Criminal code of Ukraine; 4) conditionally-early release from punishment or replacement of the unserved part of punishment more lenient, which is associated with positive post-criminal behavior of the convict – Art. 81, 82, 107 of the Criminal code of Ukraine. Criminal-legal encouragement is realized also by some norms of a Special part of the Criminal code of Ukraine in the form of special cases of voluntary refusal or active repentance. Incentives of criminal law are some methods provided by the Criminal code of Ukraine, which methods legal regulation of a criminal offence committed (or about to be committed) by means of which the state encourages a person to the desired behavior. Such behavior is aimed at preventing, neutralizing or reducing criminal damage (losses), as well as to facilitate the disclosure of a criminal offense, not committing new criminal offenses. Also, this behavior may indicate repentance of the person in the deed, and the further desire for correction.