ISSUES RELATED TO THE PERSON OF THE CRIMINAL

Abstract

The article, based on the analysis of scientific views, theoretical provisions and legislation, explores problematic issues of the personality of a criminal. The study of the personality of a criminal is one of the main structural elements of the subject of criminological science. Without studying the personality of a criminal, it is impossible to fully investigate all other criminological problematic issues, including the determinants of crime, its prevention, including crime prevention measures, criminological forecasting and planning of measures to combat crime. In connection with the entry into force of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pre-Trial Investigation of Certain Categories of Criminal Offenses” dated 11/22/2018 No. 2617-VIII, amendments were made, in particular, to the Criminal Code of Ukraine, in accordance with paragraph 2 of Section I of this law, including in the vast majority of cases the term “crime” was replaced by “criminal offense”. In this regard, a crime has become only one of the types of criminal offense, along with a criminal misdemeanor. Therefore, crime is formed not only by crimes, but by criminal offenses in general. The Criminal Code of Ukraine provides for the concept of “subject of a criminal offense”, “person subject to criminal liability”, “person who committed a criminal offense” or “guilty”. Criminologists are somewhat reluctant to change terminology in science. And if the use of the term “person” rather than “personality” in the concept of “criminal person” is more or less justified and less debatable. Then the use of the term “criminal” is a more controversial and problematic issue. We propose in this case to use the term “criminal offender”, that is, “person of a criminal offender”. Having considered the identity of the criminal, conclusions were drawn about the further actualization of this issue. It is proposed to use the term “personality of a criminal offender” as a system of socially significant signs, properties, traits, characteristics, relationships and connections that characterize a person guilty of violating the law of Ukraine on criminal liability, in combination with other (impersonal) circumstances and conditions that affect his criminally unlawful, in particular criminal, behavior. The analysis of the identified problem is promising for further scientific research and borrowing positive experience on the issue under consideration.