Consolidation of the motive of the criminal offense in the norms of the Special Part of the Criminal Code of Ukraine

Abstract

The article substantiates the importance of studying the peculiarities of the legislative consolidation of the motive of a criminal offense in the Special Part of the current Criminal Code of Ukraine. The motive is examined as a crucial component of the subjective aspect of a crime, inherently connected with intent and purpose. The authors identify the motives explicitly established in criminal law provisions and analyze their role in the qualification of crimes. Particular attention is paid to motives such as greed, hooliganism, personal interests, and motives based on racial, national, or religious hatred. The study reviews a wide range of scholarly works devoted to the motive of a criminal offense as a key element of the subjective side of a crime. It also provides an analysis of the Criminal Codes of Ukraine from 1922, 1927, 1960, and 2003, focusing on the codification of motives in the Special Part of these normative legal acts. The article evaluates the alignment of Ukraine’s current legislation with contemporary trends in criminal law, particularly regarding the consideration of motive as an aggravating or mitigating factor in sentencing. Special emphasis is placed on the challenges associated with the ambiguous wording of motives in the current Criminal Code, which complicates their practical application. Significant gaps in the articulation of certain motives within the Criminal Code of Ukraine are identified, underscoring the necessity of addressing these deficiencies to ensure a consistent understanding of the meaning and content of motive as an integral element of the subjective aspect of a criminal offense.