Motive and purpose as elements of motivation of a person being prosecuted

The article is devoted to the study of the concepts of motive and purpose in relation to the motivation of a person being prosecuted. As a result of the analysis and generalization of the works of scientists in the field of psychology and sciences of the criminal law cycle, the authors reveal and distinguish the concepts of "motivation", "motive", "goal". The authors conclude that the term "motivation" is used in two senses. Firstly, in the static aspect - to denote the motivational sphere of personality, i.e. a relatively stable system of personality motives, as a motivating, guiding subsystem of personality, reflecting the factors of its formation and development. Secondly, in the dynamic aspect, the term "motivation" is used to denote the process of determining a certain behavior by the motivational sphere of a personality. In turn, the motive is recognized as the main element of motivation. Based on the analysis of the functions and signs of a mental phenomenon identified in the scientific literature, designated by the concept of "motive", the authors formulate a definition of this concept. The definition presented by the authors implies two meanings of the concept of "motive". When viewed in the first sense, the motive, acquiring the characteristics of the motivational sphere of personality itself, has a sign of stability, constancy, entering the personality structure, acts as a mental property of personality. In the second sense, the motive appears as a product of the motivation process, which is a complex integral psychological formation, an incentive and an element of specific behavior, entering into its internal subjective side. The concept of "motive" should be distinguished from the concept of "purpose". Unlike a motive, the purpose of a person's act, as a mental desired image of his future result, along with the means, methods, and other circumstances of achievement corresponding to it, must be realized. In addition, the goal should be tied to a specific behavior, reflect the circumstances of its implementation, be an element of this behavior, the process of its motivation, and not an element of motivation as a motivational sphere of personality. The authors analyze individual provisions of the criminal law and the proposals of scientists for their improvement, while criticizing the confusion of the concepts of motive and purpose of a crime, and propose to overcome such confusion in the law and the works of scientists in the field of sciences of the criminal law cycle. According to the authors, when making such proposals, it is necessary to analyze each formulation of the law, implying the motive and purpose of the crime, separately, based on the exact meaning of the concepts of "motivation", "motive", "purpose" and understanding the relationship between these concepts. The authors declare no conflicts of interests.

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