UNLAWFULNESS OF ACTION AS A SIGN OF A CRIMINAL OFFENSE: CONCEPT AND TYPES

Abstract

The article is dedicated to studying the unlawfulness of an act as a characteristic of a criminal offense and its types. Despite the growing relevance of this issue and numerous dis-cussions surrounding it, it remains under-researched and contentious among scholars. The article presents various approaches to understanding the unlawfulness of an act as a characteristic of a criminal offense and identifies established types within each approach. As a result of the analysis, a new concept of the unlawfulness of an act is proposed, along with its types. The study examines and analyzes the concepts of criminal-legal regulation and criminal-legal prohibitions, forming the basis for understanding the unlawfulness of an act as a key characteristic of a criminal offense. It is noted that the 2001 Criminal Code of Ukraine (hereinafter referred to as the CC) did not enshrine such a characteristic as the unlawfulness of an act, leading to increased controversy regarding this concept after the enactment of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Concerning the Simplification of Pre-Trial Investigation of Certain Categories of Criminal Offenses." Based on the analysis of scientific literature and legislation, the key aspects and features of understanding the unlawfulness of an act as a characteristic of a criminal offense and its types are identified. It is also proven that the analyzed characteristic is a mandatory feature of all offenses. Examples of the types of unlawfulness of an act in specific criminal offenses are provided. The prospects for further scientific research are indicated, and proposals for possible amendments to legislative acts are formulated. The study highlights the relevance of the issue and contributes to understanding the essence of the unlawfulness of an act as a characteristic of a criminal offense, as well as the identification and justification of new types of unlawfulness.