SOCIAL CONDITIONALITY OF THE CRIMINAL-LEGAL PROHIBITION OF HOOLIGAN ACTIONS

The article examines the social conditionality of the criminal-legal prohibition of hooligan actions. The expediency of analyzing the social conditionality of the criminal-legal prohibition of hooligan actions as a cross-cutting criminal legal category is substantiated, taking into account the systemic connections between all elements of crimes, a constructive feature of which is hooliganism. Taking into account the peculiarities of the appointment of normative prescriptions of the Criminal Code of Ukraine, prohibiting hooligan actions in the system of criminal law regulation, a system of circumstances of social conditionality of the criminal law prohibition of hooligan actions has been determined: historical; predictive; technical and legal. As a result of the study, it was established that the criminal-legal prohibition of hooligan actions at the level of the existence of Art. 296 of the Criminal Code of Ukraine, fully socially conditioned. With regard to historical circumstances, the same act of «hooliganism» is artificial for Ukraine from a historical point of view, the criminal law prohibition does not correspond to the Ukrainian mentality, ordinary citizens in most cases do not perceive hooliganism as a crime, hooliganism does not fully fit into the modern paradigm of the development of social relationship. During the study of the prognostic circumstances of the criminal law prohibition of hooligan actions, research attention is focused on the social danger of this act (two main criteria are the object of the crime and the intensity of the criminal encroachment). It has been proved that through the abstractness of understanding social order, there is a difficulty in its perception as an object of hooliganism. With regard to the intensity of hooligan actions, other types of related crimes have a similar intensity (with inherent signs of gross violation, obvious disrespect for society, insolence and exceptional cynicism). Therefore, it is virtually impossible to assess this indicator of public danger. It is proved that the qualifying signs of hooliganism do not correspond to the signs of consistency and normative consistency. For other elements of political circumstances (except for the availability of resources), it is also established in full compliance. Based on the study of the technical and legal circumstances of the criminal-legal prohibition of hooligan actions, it was stated that the wording of Art. 296 of the Criminal Code of Ukraine inherent inaccuracies in wording. This, in general, leads to the existence of a contradiction between the norms of the Criminal Code of Ukraine, endows the court and law enforcement agencies with excessive discretionary powers.