Криминология. Система криминологических знаний. Взаимосвязь криминологии с другими науками (конспект лекций)

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Криминология. Система криминологических знаний. Взаимосвязь криминологии с другими науками (конспект лекций)

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Topic 2. System of criminological knowledge. The relationship of criminology with other sciences

A feature of all scientific knowledge is their logical, ordered and systematized nature. It has its own system and criminology. The system of criminological knowledge is directly dependent on the subject of science "criminology" and reflects its structure. In it, first of all, four main doctrines should be identified: about crime, about its determinants, about the personality of the offender and about crime prevention. However, this characteristic of the system of criminological knowledge is not exhausted. For various reasons, other structural elements are distinguished in criminology - private theories, problems, concepts, etc. Among others, these include: scientific problems of criminology, the history of its development, criminological characteristics of certain types (groups) of crimes, organization and methodology for studying crime , criminological forecasting and planning, etc.

It should be noted that the system of criminology, like any other science, is not frozen, once and for all given in all respects, including particular features. As science develops, it can, within certain limits, be supplemented, refined, etc. However, under any conditions, the system of criminology must correspond to its subject, adequately reflect it.

The system of science and the system of academic discipline are concepts that largely coincide, but are not identical. Based on the characteristics of the contingent of trainees, the specific tasks of the educational process and other considerations, certain adjustments, sometimes very significant, can be made to the system of science when it is transformed into an academic discipline.

To determine the place of criminology in the system of sciences, it is essential to clarify, firstly, the degree of its relationship with other, especially related, disciplines, and secondly, the degree of its independence. The analysis of these problems is associated primarily with the need to strengthen the union of criminology and other sciences, both legal and non-legal. The interaction of these sciences is dictated by the internal logic of the development of scientific knowledge, in particular in the area we are studying, the urgent tasks of theoretical and applied research in the field of combating crime. Crime is such a complex social phenomenon that in the fight against it it is necessary to use the achievements of many sciences. But criminology occupies a leading place here.

Crime, its causes and conditions, measures to prevent crime, the identity of the offender, criminal behavior and its prevention, and other problems associated with crime, are studied and comprehensively developed by both legal and non-legal sciences. In the complex of these sciences, criminology occupies a special place; it, as it were, crowns the building of the sciences that study crime and measures to prevent it. Through it, first of all, the criminal law sciences are connected with other legal disciplines, with non-legal social sciences - sociology, psychology, etc. In this sense, criminology occupies a central place in the system of sciences. It is she who, synthesizing knowledge about crime, solves a complex of problems of combating this phenomenon, criminology plays a leading role in solving these problems.

Being one of the branches of knowledge, criminology can act as an independent system with its inherent system features. At the same time, criminology as a complex science is closely connected with other branches of knowledge through the organic absorption of elements of other sciences. In this regard, many scientists rightly point out that it is necessary to find not only points of contact between criminology and other sciences, but also the limits of the invasion of this branch of knowledge into other sciences, and vice versa. Can, should (and if it should, then to what extent) criminology interfere in the study of various problems related to crime and measures to prevent it, the causes and conditions of this phenomenon, the personality of the offender and criminal behavior? The answer to this question may be as follows.

Firstly, criminology should transfer to other sciences the solution of issues unusual for it (for example, drunkenness, drug addiction, the behavior of people with mental anomalies, other types of antisocial behavior that are not qualified by criminology and relate to the subject of other sciences) for their more in-depth and substantive study because these questions do not belong to the subject of criminology.

Secondly, criminology should accept its specific issues from other sciences (for example, crimes committed on the basis of drunkenness, drug addiction, etc.). Criminology does not study drunkenness and drug addiction, but crimes committed on this basis. It does not examine the behavior of people with mental anomalies, but the crimes committed as a result of such behavior. These questions are included in the subject of criminology, since it studies crimes.

Thirdly, certain sciences, such as sociology, psychology, psychiatry, which study various aspects of drunkenness, drug addiction, and the behavior of people with mental anomalies, should arm criminology with their achievements, especially in relation to the causes and conditions of crimes, prevention of criminal behavior. Criminology, in turn, must supply these sciences with the results of its research, mainly on issues related to the subject of these branches of knowledge. Obviously, criminological recommendations should not contradict the achievements of other sciences. Of course, the recommendations of other sciences cannot run counter to the positions of criminology - consistency and scientific community are necessary.

Thus, criminology is a system of knowledge and methods that are heterogeneous in their disciplinary affiliation, forming a specific integrity, as well as a system of a special kind of interdisciplinary research activity aimed at studying crime.

Criminological science has two groups of interdisciplinary links. One group of connections consists in using the methods of other sciences without contact between their subjects. Another group of connections is expressed in the direct contact of the subjects of those branches of knowledge that study crime and measures to prevent it.

Criminology is associated with applied sociology, which studies the forms of manifestation and the mechanism of action of the general laws of the functioning and development of society in relation to various spheres of its life in different historical conditions. Knowing specific social relations, applied sociology explores various elements of the structure of society, problems of labor, free time, education and culture, urban development, and many other social phenomena. Practically each of these phenomena has one or another criminological aspect.

The connection of criminology with economic science is determined primarily by the fact that some of the phenomena and processes that determine crime are in the field of economics. Both crime itself and its consequences have their own economic characteristics. Finally, we can single out economic measures in the complex of means of influencing crime and its determinants.

Criminology is closely related to statistics, especially criminal statistics, which is one of the main sources of information about crime, measures and results of the fight against it, as well as the identity of the offender. Along with this, criminology makes extensive use of data and methods of demographic, economic, socio-cultural and other branches of statistics.

Criminology is closely connected with psychology, its various branches (general, social, legal, military, etc.). The material of psychological science is of particular importance for the study of the subjective causes and conditions of crime, the personality of the offender, the motivation and mechanism of individual criminal behavior, as well as for the development of important aspects of criminological prevention.

Using the provisions and conclusions of pedagogical science, the determinants of crime associated with the shortcomings of education and training, unfavorable conditions for the moral formation of a person in the family, school, military team, and other types of social environment are studied. One of the essential characteristics of the criminal's personality is its moral and pedagogical neglect. Based on the achievements of pedagogical theory and practice, criminologists develop educational measures to influence offenders and persons who may embark on a criminal path.

The presence of a certain influence of demographic processes on crime determines the connection between criminology and demography. The trends in the mathematization of science as a whole required the expansion and strengthening of ties between criminology and mathematics. Criminology is also connected with other non-legal sciences, such as genetics, psychiatry, prognosis, etc.

Close links exist between criminology and the legal sciences, especially those related to the so-called criminal cycle. Along with the differences mentioned above, the subject and tasks of criminology, on the one hand, and the science of criminal law, on the other, largely coincide. Such criminal law concepts as crime and its types, criminals and their categories and others are the starting point for criminology, they largely determine the range of problems studied by this science. Of great theoretical and practical importance is the question of the relationship between the two main approaches to the fight against crime - criminological and criminal law. Many norms of criminal law are directly used for the legal justification of specific measures of criminological prevention. The close connection between criminology and the sociology of criminal law should be especially emphasized.

The connection between criminology and the science of penitentiary (correctional labor) law can be traced most clearly in relation to their common problem of preventing the recurrence of crimes. By studying recidivism, criminology contributes to the rational solution of various issues of the execution of sentences, improving the activities of correctional institutions. A broad socio-legal approach to the problem of recidivism and the fight against it, characteristic of criminology, suggests the need to take into account and comprehensively assess the measures of corrective action on convicts, their role and effectiveness.

It should be noted that criminology, criminal law and corrective labor law constitute one scientific specialty in accordance with their established nomenclature.

Criminology is also associated with the science of the criminal process. As you know, the criminal procedure law includes the circumstances that determine the commission of crimes in the subject of proof in a criminal case, formulates the corresponding legal obligation of the bodies of inquiry and preliminary investigation, the prosecutor's office and the court, establishes certain forms of procedural response to the identified criminogenic factors. All this means that for criminal procedure science, the practice of investigation and trial of criminal cases, the provisions and conclusions of criminology about the causes and conditions of crime, the identity of the offender, etc. are important. Criminal procedure actions are one of the effective means of obtaining information about specific crimes. , their determinants, the identity of the offender. It is no coincidence that in criminological research, both theoretical and applied, the study of materials of criminal cases is widely used.

Criminology also has points of contact with forensic science, which develops techniques, tactics and methods for investigating crimes, taking into account criminological teachings about crime (its determinants, the identity of the offender) and its prevention. The provisions of criminology are used in forensic theories about investigative leads, planning an investigation, etc. Forensic means of preventing crimes are included in the general set of measures to prevent crime, its causes and conditions.

Criminology is closely related to the theory and practice of operational investigative activities. In order for operational-search measures to be “targeted”, and therefore effective, they must be based on complete, reliable and accurate knowledge. In other words, operational workers must proceed from correct ideas about the patterns of modern crime, its characteristic trends, specific forms of criminal manifestations, personality characteristics, the mechanism of individual unlawful behavior, the “criminal signature” of various categories of offenders, etc.

There is reason to talk about the criminological aspect of the social prerequisites for operational investigative work. For example, there are operational investigative measures that are entirely subordinated to the interests of crime prevention. Operational investigative activities significantly expand the information base and arsenal of means of preventing crime, its determinants and negative phenomena associated with it. It should be noted that in relation to the early stages of the development of some criminogenic factors, operational work is sometimes the most optimal, and in some cases practically the only possible option for targeted preventive influence.

The connection of criminology with the science of state law is determined primarily by the fact that many provisions of the Constitution of the Russian Federation are directly related to the education of citizens in the spirit of respect for morality, laws and rules of the community.

The connection of criminology with administrative law is due, firstly, to the importance of administrative and legal means of combating offenses (administrative penalty, prevention and suppression); secondly, the role of administrative and legal norms in regulating the activities of subjects of criminological prevention (in determining their tasks, functions, competencies, etc.). Both of these aspects of the regulation of public relations by the norms of administrative law are especially important for the preventive work of border agencies. This, first of all, determines the importance of studying criminology in close connection with the course of administrative and service activities.

Criminology is also connected with other legal sciences of civil, labor and other branches of law. This connection is mainly due to the fact that many norms of the relevant branches of legislation are used to provide legal support for criminological prevention measures and are included in its legal framework.

Authors: Vasilchikova N.V., Kukharuk V.V.

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