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On the Essence and Characteristics of Positive Behavior in Criminal Law

Year: 2024
Type: article
Abstract: The relevance of the study of positive behavior in criminal law is associated with the need to develop consistent, consistent legal regulation of this area, which, in turn, is important both for each accused (individual aspect) and for increasing legal certainty in criminal law as a whole. It is important that from the content of legal norms any member of society has the opportunity to understand what socially useful actions will be guaranteed to be regarded by the legal order as a change in the tendencies of a person’s behavior in a positive direction with the ensuing legal consequences (social aspect). The main goal of the study is to determine the social and psychological characteristics of positive behavior in criminal law using the example of acts under circumstances excluding the criminality of the act, as well as some types of post-criminal behavior. The article examines the problematic aspects of the relationship between positive behavior of a person and a number of related phenomena: socially neutral and risky behavior, post-criminal behavior, circumstances excluding the criminality of the act. The methodological basis of the study included historical and systematic approaches, methods of formal logic (analysis, synthesis, comparison, generalization), and the legal-dogmatic method. As conclusions, the signs of positive behavior identified by the author are summarized, the author’s definition of positive behavior is proposed and its content and scope of application are indicated.
DOI: 10.5281/zenodo.13932906
Language: English
Open Access status: green
OpenAlex ID: W6949389441
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