Social Conditions оf the Criminalization of Collaborative Activities іn Ukraine

Abstract

The application of criminal law measures or criminal liability for violation of legal norms is an exclusive and particularly strict measure of state coercion, therefore the question of the feasibility and correctness of introducing a new article into the criminal law is extremely urgent. The purpose of the article is to clarify the essence and grounds of criminalization of collaborative activities in Ukraine. The methodology consists of terminological, system-structural methods, the method of analysis and synthesis, and logical-deductive. It is noted that social conditionality is the state’s response to society’s need to introduce a new level and quality of guarantees of legality. The main task of social conditionality is the study of the circumstances that affect the creation of norms and institutions of criminal legislation and their effectiveness. It has been proven that the criminalization of collaborative activity is conditioned by a number of reasons (the existence of socially dangerous behavior that requires a criminal law prohibition, the relative prevalence of socially dangerous acts, a change in ideas about the nature and degree of social danger of an act, a change in the generally recognized moral assessment of the relevant act, the insufficiency of available means, other than criminal law, to effectively counteract these acts, the need for a criminal law guarantee of rights and freedoms), which are objective in nature and in together, they determine the need to introduce criminal liability for such an act. Prospects for the author’s future research are the study of the practices of foreign states regarding the criminalization of collaborative activities.