On the issue of positive behavior in criminal law

The legislator’s decision on the issue of criminalization and decriminalization of acts is inextricably linked with the development of an attitude towards a particular act as positive, neutral or socially dangerous. We focus on the fact that ultimately the social purpose of criminal law norms is the assessment and direction of individual behavior in a socially useful way. The question of what kind of behavior in criminal law can be considered positive is considered. The content of this concept is characterized taking into account its historical variability. It is concluded that positive behavior in the doctrine of criminal law can’t be limited within the scope of post-criminal behavior. Turning to the philosophical understanding of values and the developments of conflictology made it possible to substantiate the distinctive feature of positive behavior is social utility. The conducted research made it possible to conclude that exemption from criminal liability due to the execution of an order or instruction has a different social and legal justification compared to other grounds that exclude the criminality of an act.