ENCOURAGING PERSONS TO RIGHT BEHAVIOR AS A MEANS OF ACHIEVING THE TASK IN THE DRAFT OF THE NEW CRIMINAL CODE OF UKRAINE

Abstract

The draft Criminal Code of Ukraine sets as a task to ensure by legal means the rights and freedoms of man and citizen, the interests of society, the state and the international community from criminal offenses. Among the means to achieve it is the stimulation of individuals to lawful behavior. The purpose of the article is to determine the promotion of lawful conduct as a means of legal protection of human and civil rights and freedoms, the interests of society, the state and the international community from criminal offenses. Realization of the set purpose provides the decision of such tasks, as: 1) delineation of stimulation of lawful behavior in a broad sense as a complex of legal tools which is possessed by criminal law as the organizer of public relations; 2) the definition of incentives in the narrow sense as positive means of criminal law tools in the form of encouragement, because incentives can not be to coerce a particular behavior under penalty of punishment; 3) to prove that the means of legal incentives (rights, responsibilities, incentives, prohibitions, punishments, etc.), which combine in the manner prescribed by law, are directly involved in legal regulation and legal influence. The scientific novelty of the article is that for the first time it deals with systemic issues of encouraging individuals to lawful behavior as a means of legal protection of human and civil rights and freedoms, the interests of society, the state and the international community from criminal offenses. It is proved that the stimulation to lawful behavior by criminal law is carried out at the individual, group and general social value-oriented and psychological levels. It is concluded that the promotion of lawful behavior as a means of legal protection of human and civil rights and freedoms, the interests of society, the state and the international community from criminal offenses, is carried out at the individual, group and general social value-oriented and psychological levels. The main form of implementation is the use and observance by all subjects of criminal law regulations (rights, responsibilities, incentives, prohibitions, punishments, probation, etc.). The main form of implementation is the use and observance by all subjects of criminal law regulations (rights, responsibilities, incentives, prohibitions, punishments, probation, etc.). The vast majority of citizens do not commit criminal offenses (crimes or misdemeanors) due to their values and moral principles. This form is the main, but does not exhaust the lawful criminal behavior.