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Lecture notes, cheat sheets
Criminology. Lecture notes: briefly, the most important
Directory / Lecture notes, cheat sheets Table of contents
Accepted abbreviations Ministry of Internal Affairs of Russia - Ministry of Internal Affairs of the Russian Federation Criminal - Criminal Code of the Russian Federation dated 13.06.1996 No. 63-FZ ch. - chapter(s) n - item(s) sect. - section(s) Art. - article(s) h - part(s) Introduction Criminology is an independent science with its own history, subject, research methods. A general idea of the content of criminology can already be obtained from its name. It consists of two parts: crimen (from Latin - crime) and logos (from Greek - teaching). The literal translation of the combination of these two words into Russian means the doctrine of crime. It can also be said that criminology is the science of crime. If criminal law studies crime, responsibility and punishment for it in legislative form and law enforcement practice, then criminology studies crime, its causes and conditions, the identity of the offender and the prevention of crimes as mass social phenomena. From a practical point of view, criminology can be defined as the science of crime and methods of its prevention. However, this is a very general concept. More specifically, we can say that criminology studies crime, types of crime and crime, the causes of occurrence and their other relationships with various phenomena and processes, the effectiveness of measures to combat crime. On this basis, criminologists develop recommendations for improving the fight against crime. Understanding the social nature of crime, knowledge of the causes and conditions for committing various crimes, the characteristics of persons who have broken the law, and the mechanism of individual criminal behavior are important not only for successful preventive activities. Criminological knowledge helps to identify already committed crimes, to identify and expose criminals, to correctly determine the punishment for each of them, to find the most effective ways and means of individual correction and re-education. Knowledge in the field of criminology is necessary not only for employees of internal affairs bodies, but also for employees of courts, prosecutors, justice authorities, and other categories of employees who, to one degree or another, are faced with the problems of offenses, their causes and conditions. a common part Topic 1. Subject of criminology The subject of criminology is crime in all its manifestations, the determination and causes of crime, the susceptibility of crime to various influences. We can say that the subject of study of criminology consists of such components as: ▪ crime; ▪ causes (or causation) of crime; ▪ the identity of the criminal; ▪ crime prevention measures. One of the main components of criminological science is crime, that is, the totality of many crimes committed in specific historical conditions over a certain period of time. Crime in criminology is considered not as a crime, but as a set of crimes in social reality. Offenses that do not form the composition of crimes, but are closely related to them, are taken into account when analyzing the causes and conditions of various types of crimes. In the social aspect, crime is subject to certain patterns and is characterized by such quantitative and qualitative indicators as structure, dynamics and level. When analyzing crime, the following categories are distinguished: ▪ crime (or individual criminal behavior); ▪ certain types of crime, differentiated by the object of encroachment (state, economic, etc.), forms of guilt (intentional, careless); ▪ crime of representatives of various social groups (for example, minors, women, entrepreneurs); ▪ crime in different regions, different spheres of society (economic, political, spiritual); ▪ crime in the state as a whole; ▪ crime of human society at specific stages of its existence. The causality of crime can be defined as the process of the emergence and origin of crime in society, causality is a social determination and the allocation of producing, causal dependencies in this process. The causes of crime are a combination of social, economic, socio-psychological, political, demographic, ideological and organizational and managerial phenomena that directly generate, reproduce (determine) crime as its consequence. Along with the causes of crime, its conditions are also studied. The conditions of crime are such phenomena and processes that in themselves do not give rise to crime, but, accompanying the causes and influencing them, ensure their action, leading to a certain consequence, namely, a set of acts that violate the criminal law. The study of the causes of crime helps to reveal its nature, to make obvious the circumstances that determine the existence of crime, contribute to its preservation and development, and helps to identify factors that counteract these processes. Based on such knowledge, it is possible to ensure an effective fight against crime: to foresee its development or decrease, any changes taking place in it, and to take measures to prevent crime. The most complex component of criminological science is the identity of the offender. The problem of the identity of the offender lies primarily in the fact that the crime as a perfect act of deed and will of a particular person is largely derived from the characteristics and specific features of the personality. We can say that the crime and the offender are closely interconnected, and in the study and knowledge of the personality of the offender, criminological material appears for subsequent work on the prevention of crimes. The identity of the offender is considered as the ratio of the social and biological in it, it is studied in criminology in the system of socio-demographic, socio-role, socio-psychological properties of the subjects of the crime. There are two criteria for distinguishing the personality of a criminal from the general mass: legal and social. A legal criterion is the very fact that a criminal has committed a crime, i.e., the identity of the criminal can be defined as the person who committed the crime. From the point of view of a social criterion, a criminal is a person who has some degree of anti-social orientation (orientation) or, at least, certain anti-social features. Crime prevention is the main component of the subject of criminology, because in the end it is the prevention of the commission of a crime that is the main goal of criminological research. Prevention, or prevention, of crime is an area of social regulation, management and control, pursuing the goal of combating crime on the basis of identifying and eliminating its causes and conditions. Thus, the content of the subject of criminology is the study and assessment of crime, the identification and study of its main causes; study of the identity of the offender; development of measures and recommendations to combat crime, as well as methodology and methods of criminological research. 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. Topic 3. History of criminology and its current state The term "criminology" first appeared on the pages of the press at the end of the XNUMXth century, and at first it was understood as the problems of the etiology (that is, the study of the causes) of crime. At about the same time, legal experts formulated a number of ideas about the essence and subject of criminology, which formed the basis for the creation of classical criminological schools that still exist today. In general terms, they can be reduced to five main areas. Representatives of the first direction do not single out criminology as an independent scientific discipline, but consider it a part of criminal law, if it is considered in the broad sense of the word. At present, such views are of historical interest only. Representatives of the second direction include in the field of criminology the study of the causes of crime, methods of combating it, problems of criminal policy, penology and criminal law. This concept arose at the beginning of the 1847th century. Its founder was the Austrian lawyer Hans Gross (1915-XNUMX), who believed that criminological science includes criminal anthropology, criminal sociology, forensic science, criminal psychology, criminal policy, penology, criminal law and a number of other branches of science. Gross's idea of uniting all "auxiliary sciences in relation to criminal law with the inclusion of the science of investigation and penology" into a single system of criminology was reflected in the views of scientists of the second half of the XNUMXth century. The third direction, the founder of which was the most famous representative of the sociological school of criminal law, the Austrian lawyer Franz von List (1851-1919), considers criminology, along with criminology, criminal law and criminal policy, as a science of crime and its causes. It should be noted that the last two of the above directions are united by the same understanding of the content of criminology and forensic science, which is explained by the common environment of their occurrence. Both of them arose due to the need to meet the needs of practice to know the causes of such a dangerous social phenomenon as crime, and to develop effective methods to combat it. Moreover, at the time of their emergence, they did not have a specific area of research, which greatly influenced the subsequent approach to the problem of the relationship between criminology and forensic science. The fourth direction reflects current trends in the development of criminological research. It considers criminological problems in connection with penitentiary problems, i.e., within this area, much attention is paid to the study of the personality of the offender, including persons with deviant (deviant) behavior, and the measures applied to them. This approach is most widely used in the US. The last, fifth direction considers criminology as the science of crime and its causes. This trend is characteristic of the European legal school. The first criminologist who called on his colleagues to include the study of the causes of crime in the science of criminal law was Moscow University professor M.V. Dukhovskoy. In 1872, as a 23-year-old associate professor at the Demidov Law Lyceum, he gave a lecture “Tasks of the Science of Criminal Law,” in which he indicated that this science should study crime as a phenomenon of social life and its causes. [1] According to Dukhovsky, the main cause of crimes is considered to be the social system or, as he put it, "the bad economic structure of society, bad education and a whole host of other conditions." Undoubtedly, Dukhovsky's merit was the active use of criminal statistics to study the causes of crime. A characteristic feature of the sociological school of criminal law was the consideration of crime not only as a legal concept, but also as a social phenomenon. Representatives of this direction (M.N. Gernet, P.I. Lyublinsky, M.P. Chubinsky, I.Ya. Foinitsky, H.M. Charykhov and others) set themselves the task of comprehensively studying the relationship that exists between the social environment and crime. In their scientific works, they focused on finding the factors of crime and determining the likelihood with which one or another factor is capable of causing violations of criminal law prohibitions. Reducing the causes of crime to the action of numerous and varyingly influencing factors, the sociological school proposed individual, sometimes insignificant, reforms as measures to influence crime. Having proclaimed crime a social phenomenon, the theorists of the sociological school nevertheless did not give a complete, detailed definition of the main subject of their research. The anthropological direction of criminal law has not found such distribution in Russia as in the West. Of the well-known lawyers who gravitate towards anthropologists - followers of C. Lombroso, one can name D.A. Drill (1846-1910). In the teachings of anthropologists, he was attracted mainly by dissatisfaction with the dogmatic constructions of the classical school of criminal law, which "forgot" in its purely legal schemes a living person who embarked on the path of crimes. Dril made it his life's goal to help these unfortunates. Hence his special attention to the individual factors of crime, which, in contrast to Western European anthropologists, he completely subordinated to social factors. The sources of crime, according to Dril, are always two main factors - personal and social, and the second determines the first. This idea runs through all his major works, such as The Criminal Man (1882), Juvenile Offenders (1884-1888), Psychophysical Types in Their Relationship with Crime (1890), Crime and Criminals (1899) , "The doctrine of crime and measures to combat it" (1912). Outstanding lawyers of their time - professors of criminal law, no matter what direction they adhere to (classical, sociological, anthropological), are united by a commonality of views on the main causes of crime and the tasks of punishment, the desire to develop radical, from their point of view, measures that provide more or less effective fight against crime. Criminology has gone through a difficult path in its development, and it was especially difficult in Russia: from complete rejection, declaring it a pseudoscience, to recognition as a theoretical basis for both lawmaking and the practice of fighting crime. Criminology was declared a pseudoscience primarily because it spoke about the existence of causes of crime in the “most perfect” society. For a long time this was classified as slander against socialism. At the same time, it has long been known that there are no causeless phenomena either in nature or in society. The whole point was that crime, its condition, forms and methods of combating it became a bargaining chip for politicians and ideologists who tried to prove the existence of the advantages of socialism, wishful thinking. Thus, irreparable harm was caused to both the theoretical understanding of the problems of crime and the practice of combating it; society as a whole and law enforcement agencies in particular were scientifically disarmed. However, despite the defeat that criminology underwent in the late 1920s and early 1930s, later, in the 1960s, there was an urgent need for the study of crime. Scientists, primarily specialists in the field of criminal law, began to address the problem of the causes of crime already in the 1950s, and in 1963 the All-Union Institute for the Study of the Causes and Development of Crime Prevention Measures (now the Institute for Problems of Strengthening Law and Order of the General Prosecutor's Office of Russia). And although the official ideology continued to assert that we have no causes of crime and that crime is only a "survival" phenomenon, other official structures realized that a serious approach to the problem was needed. The number of people involved in the problem of crime also increased. Ties with foreign criminologists were strengthened. As a result, it can be stated that domestic criminology in the 1960s-1970s. entered its maturity. As for Russian jurists, they, mainly adhering to conservative views, have now slightly changed their views on the subject of the discipline being studied. In a number of textbooks, its main components were called such as crime, the causes and conditions of crime, the identity of the offender, and the prevention of crime. In modern textbooks, the sequence of these components is somewhat changed, which practically does not change the essence of the discipline being studied. Today, the structure of the components of the subject of criminology is as follows. 1. Crime (its essence and patterns). Criminology studies crime as a socially determined, historically changeable phenomenon in society, which is the totality of all crimes committed in a given state over a certain period of time, which, from the standpoint of public interests, belongs to the category of social pathology and is assessed negatively. The concept of crime covers the totality of crimes considered in the form of facts of social reality, and not legal constructions such as the corpus delicti. In this real social existence, crime is subject to certain patterns, has fixed qualitative and quantitative characteristics, which are studied by criminology. These include the level, structure and dynamics of crime. Moreover, offenses that do not form crimes, but are closely related to them, such as drunkenness, prostitution, drug addiction, and others, are considered by criminology when analyzing the causes and conditions of a number of types of crimes and developing measures to prevent them. At the same time, the study of these phenomena and the problems of combating them in full is not included in the subject of criminology. 2. The identity of the offender. It is studied as a system of socio-demographic, socio-role, socio-psychological properties of the subjects of crime. With regard to the personality of the offender, the correlation of the biological and social in it is considered. Isolating the personality of a criminal from the entire mass of people is carried out on the basis of two criteria: legal and social (socio-psychological). Based only on legal criteria, the identity of the criminal can be determined as the person who committed the crime. This also includes the study of those persons who have not yet violated the criminal law, but due to antisocial views and habits, manifested, for example, in the form of committing relevant administrative offenses, may take the criminal path. [2] Thus, the subject of the branch of scientific knowledge under consideration includes the personality of the offender, understood in the above sense and including not only the criminal himself, but also other categories of persons subject to targeted preventive influence. In general, data on personal characteristics in relation to the subjects of all crimes and separately by their types contain significant information about the causes of crimes, which can be used in determining measures aimed at preventing new crimes. 3. Determinants of crime. Causal explanation, which is invariably relevant for criminological research, relies primarily on the concepts of the causes and conditions of crime. However, criminologists are also interested in other types of determination of this socially negative phenomenon: correlation, system-structural connection, etc. Different in terms of sources, content, mechanism of action and other signs, the determinants of crime are studied in criminology in relation to the entire set of crimes, to their individual types ( groups, categories) or to individual acts of criminal behavior. 4. Prevention, or prevention, of crime. At its core, crime prevention is a specific area of social regulation, management and control, which has a multi-level character and pursues the goal of combating crime based on identifying and eliminating its causes and conditions, other determinants. Criminology studies crime prevention as a complex dynamic system. Its functioning is connected with the solution of both general tasks of social development and specialized tasks in the field of combating negative phenomena. As a rule, in criminology, the preventive system of state and public measures aimed at eliminating or neutralizing, weakening the causes and conditions of crime, deterring crime and correcting the behavior of offenders, is analyzed according to the following parameters: focus, mechanism of action, stages, scale, content, subjects and others All the considered main components, or elements, of the subject of criminology, firstly, are organically interconnected, and secondly, they are studied not only by this science. For example, crime may attract the attention of sociologists when they study social deviance; the problem of the identity of the criminal has, along with criminological, forensic, operational and investigative and other aspects; Issues related to the prevention of crime through the appointment and execution of punishment are studied in criminal and correctional labor law. What then is the specificity of the criminological approach to the study of the above phenomena? In general, this specificity is manifested in the following. 1. Criminology studies crime and related phenomena as a social and legal reality. 2. The specificity of criminological knowledge lies in the fact that it places a pronounced emphasis on the causal explanation of the social and legal phenomena and processes studied by this science. 3. At the head of criminological research is the task of crime prevention. 4. Criminology takes part in the development of not only legal, but also other means of combating crime, its prevention (socio-economic, cultural, educational, etc.). Some domestic scientists supplement the subject of criminology with the history of criminological science, the organization and methods of studying crime, criminological forecasting, etc. At present, this question remains open, and at the present stage of development of criminology, it can be defined as a social and legal science that studies the essence, patterns and forms of manifestation of crime, its causes and other determinants, the identity of the offender and other categories of offenders who may embark on a criminal path, as well as a crime prevention system, and on this basis developing a general theory of a preventive effect on crime and criminological prevention measures. Criminology in its current state is an independent socio-legal (sociological-legal) science, in the subject of which there are four main components, four groups of studied social phenomena: ▪ crime; ▪ the identity of the criminal; ▪ causes and conditions of crime (determinants); ▪ prevention (prevention) of crime. Topic 4. Methods of criminological research. Goals, objectives and functions of criminology The methodological basis of criminological research consists of three groups of methods: general scientific methods; methods and techniques borrowed by criminology from such sciences as sociology, psychology, psychiatry, biology, physiology and others; actually criminological methods, or tools. The first group of methods includes the following: ▪ from abstract to concrete; ▪ hypothesis; ▪ system-structural analysis; ▪ comparison; ▪ dynamic and statistical methods. Also, from the general scientific methods of cognition in criminology, abstraction, modeling, analysis, synthesis, etc. are used. The group of methods borrowed by criminology from other sciences includes the statistical method, interview, questionnaire method, testing, sociometry, observation, peer review, experiment, documentary method, etc. Let us dwell on the statistical method, which allows us to present in numbers: ▪ a comprehensive description of the state of crime in the country as a whole, its regions, in a particular locality, etc.; ▪ patterns of crime development in the country (regions), its dynamics; ▪ composition of criminals according to socio-demographic and other characteristics of criminal legal and criminological significance (gender, age, number of crimes committed, etc.); ▪ the most characteristic, stable and natural connections between crime and other social phenomena; ▪ necessary material that can serve as the basis for identifying the causes and conditions contributing to the growth of crime, as well as for predicting it and developing specific measures for its prevention; ▪ data characterizing criminal legal and administrative measures applied to criminals in order to optimize them and increase their efficiency. However, the statistical method today has not received due development. There are several reasons for this, the most important of which are as follows. 1. The scientific literature is dominated by a causal approach to the study of such a social phenomenon as crime in general. Why is this approach preferred? As we know, crime is a certain number of crimes committed in a given territory for a specific period of time. It is known that each crime is committed under the influence of specific causes, conditions, certain life circumstances. Similarly, for crime as a social phenomenon, you can find the appropriate causes, conditions and circumstances. The logic of this reasoning at one time was optimal, corresponded to the available amount of knowledge and, therefore, it was true for its time. Today, it is quite obvious that crime is not a simple set of crimes committed in a given territory over a specific period of time, but, first of all, their system, which develops all over the world according to certain laws that are still unknown to people, regardless of their will and desire. 2. There is no statistical database that allows broad generalizations to be made. It is known that only since 1985 in Russia did crime statistics become open. 3. There is a shortage of computers and related software products that are able to quickly process huge amounts of information (it is almost impossible to do this manually). Finally, the third group of methods of criminological research is actually criminological methods, or tools, the choice of which is determined by the range of specific problems being studied. There are three such methods: ▪ statistics; ▪ typology (or single case study); ▪ a combination of these two methods. Goals of criminological research. Russian scientists note a significant difference in approaches to typology or the study of a single case between domestic practice and the practice of their Western colleagues. According to our scientists, in the West too much attention is paid to the study of a single case, while the ultimate goals of criminological research are to explain this or that negative phenomenon and develop recommendations for the prevention or prevention of these phenomena in the life of society. Based on this, the goals of criminology can be divided into theoretical and practical. It is also important to differentiate immediate, long-term and final goals. All these goals, naturally, should be considered from the standpoint of their unity, but with appropriate specification. From the goals of criminology listed above, its tasks can also be deduced, namely: ▪ obtaining reliable information about everything that constitutes the subject of criminology; ▪ scientific explanation and forecasting of criminological phenomena; ▪ obtaining essential information about the causes of crimes, which can be used in determining measures aimed at preventing new crimes; ▪ determination of the general policy for the development of science, i.e. analysis of existing developments made during the Soviet period, preservation of valuable scientific research and rejection of dogmatic and truth-distorting provisions; ▪ implementation of the results of theoretical research into practice, especially in terms of forecasting and planning (carrying out criminological examinations, etc.); ▪ study and use of international experience in fighting crime. Here, an important place should be given to the analysis of international legal documents, scientific achievements, including criminology, participation in international organizations such as Interpol, police associations and other various conferences and seminars. Carrying out the scientific research included in its subject, criminology performs three main functions: ▪ empirical, or collective, when the researcher finds out how a particular process occurs; ▪ theoretical, or explanatory, when the researcher seeks to find out why a given process occurs this way and not otherwise; ▪ prognostic, when the researcher seeks to look into the future and reveal the prospects for the development of the phenomenon or process being studied, as well as the possibility of a positive influence on them. At the same time, some domestic scientists classify the functions of criminology somewhat differently. For example, according to Professor A.I. Alekseev, criminology performs the following functions: ▪ descriptive; ▪ explanatory; ▪ predictive; ▪ ideological; ▪ practically transformative. The methodology of criminology proceeds from the materialistic essence and the dialectical nature of the interaction of phenomena. Russian scientists have used this approach before, only then it was known under a different name - dialectical and historical materialism as two sides of Marxist-Leninist philosophy. The methodology of Western scientists is correlated with what is meant by the subject of criminology. There is no single approach here, and this explains the presence of a number of criminological schools, which were described above. However, upon closer examination, it becomes clear that both domestic and foreign scientists use the same philosophical categories: general, particular and singular; necessary and accidental; content and form, etc. Thus, it should be noted that there are no special disagreements in the general methodology. Topic 5. Crime, its main quantitative and qualitative characteristics Crime is a historically changeable, social and criminal law phenomenon, which is a system of crimes committed in the corresponding state (region) in the corresponding period of time. Crime is a product of the interaction of certain types of environment and personality, in connection with which two of its substructures can be distinguished: ▪ persistent crime, in the origin of which personal characteristics play a leading role; ▪ situational crime, which is determined by a stronger influence of the environment than personal characteristics, a complex situation of criminal behavior. Speaking of crime, it is impossible not to say about its organized part. Organized crime is a complex system of organized criminal formations with their large-scale criminal activity and the creation of the most favorable conditions for such activity, using both its own structures with managerial and other functions to service these formations, their activities and external interactions, as well as state structures, civil society institutions. society. Crime Study. The criminological study of crime reveals: 1) the degree of its general prevalence and public danger in specific conditions of place and time in order to assess its condition and trends, determine the directions for combating crime; 2) social characteristics of crime, indicating the features of its generation and functioning (motivation, social orientation, social group, socio-industry, socio-territorial prevalence), in order to develop specific preventive measures; 3) own internal characteristics of crime (stability, activity, organization) in order to improve law enforcement and measures to prevent the recurrence of crimes, to strengthen the organized principles in crime. In the process of studying crime, criminologists obtain actual data about it, reflected in the system of indicators (the total number of crimes, the number of identified criminals, etc.). New information obtained in the course of criminological research is correlated with previous knowledge, ideas, hypotheses, and thus crime is assessed. When studying crime, it is important to ensure the purposefulness of analytical activity, correctly define its tasks, formulate initial hypotheses, set a certain program character and remain ready to receive new, sometimes unexpected, non-programmed data. Crime rates and its structure. In the course of studying, assessing and analyzing the prevalence of crime, it is necessary to establish: ▪ crime rate, i.e. the absolute number of registered crimes and identified criminals; ▪ crime intensity, expressed in coefficients. The coefficients are calculated by comparing crime data with population data. If data on the number of registered crimes are compared, then the Kf coefficient (coefficient by facts) is used; if information about the number of detected criminals is compared, then the coefficient K (coefficient by persons) is used; convicts). The crime rate can be calculated either for the entire population or for the population of the age of criminal responsibility. The formula for calculating the overall crime rate is as follows: K = P x 100 / N, where K is the crime rate, P is the number of facts or the number of persons who committed crimes, N is the population (total or at the appropriate age). In the process of studying certain types of crime or individual crimes, their share, or share in total crime, is calculated. The share of the number of individual crimes can also be calculated from the total number of crimes of the corresponding type. The structure of crime is judged by the ratio of the proportion of its different types. Studying crime over time. There are the following types of analysis of crime dynamics: ▪ current, when crime data for the year is compared with data for previous years; ▪ systematic, in which crime is analyzed sequentially by year, highlighting certain periods (5, 10 years) or stages of social development (perestroika, reforms, etc.); ▪ analysis of seasonal fluctuations in crime (if necessary). When studying crime in dynamics, the rate of its growth is calculated. Crime growth is a general term applied to both an increase in crime (positive increase) and a decrease in crime (negative increase). Crime as a social phenomenon. Among the characteristics of crime, its social component is distinguished. In this case, the following components are identified during the analysis process. 1. Social characteristics of the region. It is established in criminological research by analyzing data on the population and its type. Population groups are differentiated by: ▪ gender, because gender is associated with various social functions of people and the corresponding features of their social status and behavior (for example, women commit fewer violent crimes); ▪ age; ▪ nationality; ▪ religion; ▪ marital status. When analyzing population types, urban and rural settlements are distinguished. In turn, cities are divided by population into urban-type settlements (up to 10 thousand), small (10-50 thousand), medium (50-100 thousand), large (100-500 thousand), very large ( over 1 million). Rural settlements are also divided into small, medium and large. In addition, there is differentiation according to the administrative criterion (capital, regional, district center); by time and pace of development; on a functional basis (multifunctional metropolitan cities, industrial, transport centers, port cities). 2. Socio-economic characteristics. The following points are highlighted in the study of crime: ▪ the ratio of enterprises and organizations of different forms of ownership and organizational and legal forms; ▪ ratio of enterprises and organizations of different specializations; ▪ social and professional composition of the population; ▪ structure of the population by income, taking into account the size and sources of income, as well as by expenses, taking into account their size and nature; the presence of marginalized people; ▪ features of the formation and use of labor resources in the region (own reproduction, seasonal contract teams, hidden and obvious unemployment); ▪ providing the most basic needs of people, important for their survival and reproduction of the population; ▪ provision of other needs and interests corresponding to income, occupation, and other characteristics of the population. 3. Socio-political characteristics. The following significant points stand out: ▪ whether there are sharp differences in the political interests of different groups of the population, how they are resolved; ▪ what political parties and movements function in the region, how they interact with each other; ▪ how power structures ensure the satisfaction of various political interests; ▪ how power structures are formed (are there any violations); ▪ how relations between state power and local self-government are built. 4. Socio-cultural characteristics. It includes the following data: ▪ about the number, structure of cultural and sports institutions, the nature of their activities and the extent of their coverage of the population; ▪ about institutions providing general education and vocational training; ▪ about the specific needs and interests of the population; ▪ about customs, traditions, behavioral stereotypes, established ways of resolving problem and conflict situations. External and internal characteristics of crime. The study of the external characteristics of crime begins with an analysis of its prevalence. This reveals: ▪ crime level (absolute data on registered crimes and identified criminals); ▪ crime intensity (coefficients calculated for a certain population size). The overall prevalence of crime is determined by the total number of registered crimes per year or the total number of identified criminals. The motivational characteristic of crime is established by highlighting different motives and identifying the number of registered crimes committed for these motives and the persons who committed them. The most common in statistical analysis is the differentiation of intentional and reckless crime. The social orientation of crime is established by the object of criminal attacks. In criminology, the following types of crime are distinguished: ▪ state; ▪ against a person, his rights, freedoms; ▪ against property; ▪ against public interests; ▪ military. The study of the socio-territorial prevalence of crime is most often carried out by identifying regions according to an administrative criterion. Of particular importance here are the calculation of crime rates and such a technique as the allocation of an array of comparable crimes, i.e. those that, in principle, according to the conditions of the regions, could be committed in all of them. The socio-group prevalence of crime characterizes the involvement of representatives of different social groups and strata of the population in it, which is established when analyzing data on criminals, as well as on the characteristics of their criminal behavior. The degree of public danger of crime is studied in various ways. The simplest of them is to identify the ratio of registered crimes of varying severity. When analyzing the internal characteristics of crime, it is distinguished: ▪ sustainability; ▪ activity; ▪ organization. The most obvious indicator of the persistence of crime is recidivism. The activity of crime is manifested, firstly, in the fact that criminals manage to commit more than one crime before being exposed, and secondly, this activity makes itself felt in the fact that criminals not only use conditions convenient for committing a crime, but also consciously make conditions convenient for criminal behavior. Organized crime is a complex phenomenon that manifests itself in organized crime and organized crime. Latent crime. The latent part of crime includes hidden and concealed crimes. The hidden part of crime is formed due to crimes and their various combinations that are committed, but which did not become known to law enforcement agencies and the court. The hidden part of crime includes crimes and their aggregates that became known to law enforcement agencies, but which, for various reasons, were not reflected in crime statistics (actual failure to consider statements about crimes, incorrect assessment of acts as non-criminal, etc.). Quantitative and qualitative characteristics of crime. A quantitative characteristic of crime is its level, measured in absolute terms by the amount of crimes committed and their participants (perpetrators), as well as in crime coefficients, or indices. Official statistics use two indicators: ▪ number of registered crimes (and their subjects); ▪ criminal record information. The crime rate is calculated from the number of crimes committed in a given territory over a certain period of time per a given number of inhabitants, for example, per 1, 10, or 100 people. The level of crime in this interpretation is actually called the coefficient of crime. The coefficients make it possible to compare the intensity of crime in different administrative-territorial units with different populations, as well as in different periods in the same district, region, taking into account changes in population. A qualitative characteristic of crime is the structure of crime, which reveals the internal content of crime, the ratio of groups or individual types of crimes, in their total number for a certain period of time in a certain territory, identified according to various grouping characteristics: criminal legal, criminological, socio-demographic, etc. The direction of the “main blow” in the fight against it should depend on the structure of crime. The indicator of the structure of crime determines the proportion (share) of certain crimes (criminals), which are called types of crime, in the total set of crimes (criminals), taken as 100%. There are also such indicators of the structure of crime as its geography, ecology and topography. The geography of crime deals with the problems of the spatial and temporal distribution of deviance, delinquency and crime (places of crime, places of residence of criminals) in the world, parts of the world, states, cities and rural areas. She studies the problems of having a sense of security (the issue of the population's fear of crime, attitudes towards criminal justice, the risk of becoming a victim of crime). The influence of the social structure of a particular area on the level and nature of crime is also clarified, the limits and directions of movement of criminals are established (from the place of residence to the scene of the crime and vice versa), regional differences in reactions to crime are studied. The ecology of crime explores the interaction of the environment, climate, natural landscape, flora and fauna, building structure, on the one hand, and human experiences (victimization - fear of crime) and criminal behavior, on the other. The topography of crime is focused on the analysis of crime scenes, which can be inside buildings, and in apartments, shops, hotels, hospitals. Types of crime. In criminology, the following types of crime are distinguished. 1. General criminal mercenary crime is a set of so-called general criminal mercenary crimes, i.e. those acts that consist in direct illegal appropriation of other people's property, are committed for mercenary motives and for the purpose of unjust enrichment at the expense of this property, and without the subject using his official provisions that are not related to the violation of economic ties and relations in the economic sphere. This is primarily theft, robbery, robbery, fraud, extortion in their various forms and part of the appropriation of property. 2. Economic crime is a set of mercenary encroachments on the property used for economic activity, the established procedure for managing economic processes and the economic rights of citizens by persons performing certain functions in the system of economic relations. 3. Corruption crime is a social phenomenon characterized by bribery and venality of state and other employees and, on this basis, their mercenary use in personal or narrow group, corporate interests of official official powers, the authority and opportunities associated with them. 4. Ecological crime - a complex set of environmental crimes, i.e. socially dangerous, guilty, unlawful acts that are harmful to the environment and human health, prohibited and punishable in accordance with criminal law, infringing on public relations for the protection of the human environment and rational use of natural resources, including ensuring the environmental safety of the individual, population, society, nation and sustainable development of the state. 5. Tax crime is a concept used in relation to the totality of crimes related to taxation. Tax crimes are crimes against the tax system. 6. State crime - a set of crimes that encroach on the state and social system, committed over a certain period of time on the territory of the country as a whole or in its individual regions. 7. Military crime is a crime interpreted in the broad sense of the word as a system of crimes committed by military personnel, including: ▪ general crimes, i.e. crimes for which the criminal law does not provide for a special subject - a military personnel; they can be committed by both civilians and military personnel; ▪ actual military crimes, i.e. crimes involving a special subject - a military serviceman. The object of such crimes is also specific - military law and order. 8. Organized crime - crime, which is formed by a wide consolidation and rallying of organized criminal groups, criminal organizations and criminal communities that provide illegal activities in order to increase criminal proceeds and strengthen influence on power structures. 9. Professional crime - a set of crimes committed in order to extract the main or additional income by persons who are characterized by criminological professionalism. 10. Crime in extreme situations is a complex set of crimes committed in extreme situations caused by natural, man-made or social factors. 11. Juvenile delinquency. In the total mass of juvenile delinquency, the proportion of group crimes is large. In recent years, there has been a process of enlargement of groups of minors with unlawful behavior. The process of subordinating teenage risk groups to organized crime is actively underway. The social base is expanding to replenish these groups at the expense of the unemployed, minors engaged in small business, as well as adolescents who have returned from places of deprivation of liberty and have not found a place in life from low-income, impoverished families. 12. Recidivism. The concept of "relapse" (from lat. recidivus - returning) means the repetition of the phenomenon after its apparent disappearance. By recidivism criminologists include all crimes committed by persons who previously committed crimes, if the previous crimes are known to law enforcement agencies and became the subject of their law-based response. Topic 6. Causes of crime The causality of crime is one of the types of connections between things and phenomena. Causality is a producing relationship, i.e., determining the fact of the generation of some phenomenon or process. The scope of the causes is, first of all, the stages of motivation and decision-making, when it comes to the formation of a motive, a goal, and the definition of means to achieve it as criminal. Features of causal relationships are as follows. 1. The cause, producing an action, generates a consequence. Certain conditions are necessary for the action of a cause, but these conditions by themselves are not capable of producing an effect. 2. Causes and effects are sequential in time: the cause always precedes the effect. 3. An effect cannot be the cause of the same cause. 4. The same cause under the same conditions always produces the same effect. 5. The cause is not reduced to the effect, the effect does not give rise to a cause. The causes of crime are a set of socially negative economic, demographic, ideological, socio-psychological, political, organizational and managerial phenomena that directly generate, produce, reproduce (determine) crime as their consequence. However, speaking about the causes of crime, it is impossible not to say about its conditions. Conditions are such phenomena and processes that in themselves do not give rise to crime, but, accompanying the causes and influencing them, ensure their action, leading to a certain consequence (a set of acts that violate the criminal law). The study of the causes of crime reveals the nature of this socially negative phenomenon, explains its origin, shows what the existence of crime depends on, what contributes to its preservation, and at the present time to its revival, and what counteracts this. Only on the basis of such knowledge can an effective fight against crime be ensured: to foresee the changes taking place in it, to determine and implement the necessary measures to prevent criminal manifestations and reduce them. In order to understand the variety of causes and conditions of crime, to more fully identify them in practice and purposefully carry out the necessary measures to eliminate and neutralize them, their proper differentiation and classification are needed. Russian criminologists use various criteria to classify the causes and conditions of crime. 1. Classification according to the level of action (subordination). There are several types of level approach. The first of them reveals the causes and conditions: ▪ crime in general as a specific social phenomenon that exists in specific social conditions and manifests itself in a set of socially dangerous acts - crimes; ▪ various groups (types, categories) of crimes that form structural divisions of crime (intentional and careless, violent and mercenary, etc.); ▪ certain types of crimes (murder, hooliganism, military crimes, etc.). Another type of tiered approach involves identifying the causes and conditions of crime (in general and its individual structural divisions) at the level of: ▪ the whole society (macro level); ▪ its individual social groups and spheres of public life; ▪ an individual. At the general social level, the most common causes and conditions are identified that are associated with the very existence of crime in given historical conditions. At the level of social groups, the causes and conditions characteristic of these groups and collectives are recorded. At the individual level, we are talking about the causes and conditions of a particular crime committed by an individual, there is a lot of individual, subjective and situational, sometimes random (personal characteristics, her individual life experience, connections, acquaintances, influences, coincidences, etc.). At the same time, the general social causes and conditions of crime are transformed into individual ones, and the most typical individual causes and conditions are formed into general social ones. The study of the causes and conditions at the general social and group levels is of scientific and cognitive significance and serves as a practice for the development and organization of a system of social prevention of crime within the framework of the entire state, its individual regions, social groups and collectives. 2. Of great practical importance is the classification of the causes and conditions of crime according to their content. There are determinants of crime: ▪ political; ▪ economic; ▪ ideological; ▪ socio-psychological; ▪ organizational and managerial. 3. Since the causes of crime manifest themselves as such through psychology, the consciousness of people (forming or supporting, reviving or strengthening anti-social views, aspirations and motivations), in the end, crime is always associated with socio-psychological determinants. This is the basis for the psychological classification of the causes and conditions of crime. Socio-psychological phenomena - views, traditions, habits - are often called the subjective determinants of crime, and everything that is outside the individual and affects his psychology is its objective determinants. Objective are the causes and conditions that exist independently of the will and consciousness of people (the historically determined level of development of society, the economy; natural disasters and other natural phenomena, etc.). The subjective causes and conditions of crime are those determinants that depend on the activities of people, are, as a rule, the result of shortcomings in this activity, errors and omissions (in planning, cultural and educational work, etc.). 4. The causes and conditions of crime can also be distinguished by the direction, the mechanism of their action. Some of them determine the unfavorable moral formation of the personality (deficiencies in family, school, military education, the negative influence of the environment, etc.), others are associated with external conditions and situations in relation to the individual. The first group of determinants is more related to the causes of crime, the second contains mainly the conditions for committing crimes. Conditions, in turn, are classified into emerging (associated with contradictions in society) and conducive (deficiencies in the prevention system and lack of organization and management). 5. The causes and conditions of crime are also classified in terms of their temporal and spatial prevalence. Here they distinguish: ▪ causes and conditions that operate relatively permanently and temporarily (due to one-time circumstances or events); ▪ causes and conditions that operate throughout the entire territory of the state, in its individual regions and specific zones (republics, port cities, resort areas adjacent to the state border, etc.), as well as those of a local, local nature. Topic 7. Causes of individual criminal behavior Analysis of the causes and conditions of a particular crime, individual criminal behavior is directly subordinated to the practical tasks of preventing and detecting crime. The causes and conditions of a particular crime, the individual circumstances of its commission may be atypical. However, in individual cases, something in common always manifests itself, therefore, the scientific and practical study of the causes and conditions of crime is based on a generalization of data obtained from various sources. Socio-psychological phenomena - views, traditions, habits - are often called the subjective determinants of crime, and everything that is outside the individual and affects his psychology is its objective determinants. This is a criminological classification. The division of the causes and conditions of crime into objective and subjective has another, philosophical, interpretation. From this point of view, the subjective causes and conditions of crime are those determinants that depend on the activities of people, are, as a rule, the result of the shortcomings of this activity. The objective determinants of crime are associated with conditions and situations external to the individual that contribute to, facilitate or even provoke the manifestation of antisocial views and motives in a specific criminal offense (poor security of weapons and equipment, alcohol abuse, etc.). Motivations for criminal behavior. The prerequisite for human behavior, the source of his activity, is need. In need of certain conditions, a person strives to eliminate the resulting deficit. The emerging need causes motivational excitation of the corresponding nerve centers and induces the body to a certain type of activity. At the same time, all the necessary memory mechanisms are revived, data on the presence of external conditions are processed, and on the basis of this, a purposeful action is formed. Thus, an actualized need causes a certain neurophysiological state - motivation. Motivation is a need-driven excitation of certain nervous structures (functional systems) that cause directed activity of the body. [3] The admission to the cerebral cortex of certain sensory excitations, their strengthening or weakening depends on the motivational state. The effectiveness of an external stimulus is determined not only by its objective qualities, but also by the motivational state of the body (having satisfied the hunger, the body will not react even to the most delicious food). Need-driven motivational states are characterized by the fact that the brain models the parameters of objects that are necessary to satisfy the need, and patterns of activity to master the required object. These patterns, or programs, of behavior can be either innate, instinctive, or based on individual experience, or newly created from elements of experience. [4] The implementation of activities is monitored by comparing the achieved intermediate and final results with what was pre-programmed. Satisfying a need relieves motivational stress and, by evoking a positive emotion, "affirms" this type of activity, including it in the fund of useful actions. Dissatisfaction of the need causes a negative emotion, an increase in motivational tension and, at the same time, search activity. Thus, motivation is an individualized mechanism for correlating external and internal factors that determines the behavior of a given individual. In human life, the external environment itself can actualize various needs. So, in a criminally dangerous situation, one person is guided only by the organic need for self-preservation, another is dominated by the need to fulfill civic duty, the third is the need to show prowess in a fight, to distinguish himself, etc. All forms and methods of a person’s conscious behavior are determined by his relationship to various sides of reality. Types of motivational states. Motivational states of a person include attitudes, interests, desires, aspirations and drives. An attitude is a stereotyped readiness to act in a certain way in an appropriate situation, arising on the basis of past experience. Attitudes are the unconscious basis of behavioral acts in which neither the purpose of the action nor the need for which it is performed is realized. The following types of settings are distinguished. 1. Situational-motor (motor) set (for example, the readiness of the cervical spine to move the head). 2. Sensory-perceptual setting (waiting for a call, highlighting a significant signal from the general sound background). 3. Socio-perceptual attitude - stereotypes of perception of socially significant objects (for example, the presence of tattoos is interpreted as a sign of a criminalized person). 4. Cognitive-cognitive attitude (for example, the investigator’s prejudice regarding the guilt of the suspect leads to the dominance of incriminating evidence in his mind, exculpatory evidence recedes into the background). [5] The motivational state of a person is a mental reflection of the conditions necessary for the life of a person as an organism, individual and personality. This reflection of the necessary conditions is carried out in the form of interests, desires, aspirations and drives. Interest is a selective attitude to objects and phenomena as a result of understanding their meaning and emotional experience of significant situations. The interests of a person are determined by the system of his needs, but the connection between interests and needs is not straightforward, and sometimes it is not realized at all. In accordance with the needs, interests are divided on the following grounds: ▪ by content (material and spiritual); ▪ in breadth (limited and versatile); ▪ on sustainability (short-term and sustainable). Direct and indirect interests also differ (for example, the interest shown by the seller to the buyer is an indirect interest, while his direct interest is the sale of goods). Interests can be positive or negative. They not only stimulate a person to activity, but they themselves are formed in it. Human interests are closely related to his desires. Desire is a motivational state in which needs are correlated with a specific object of their satisfaction. If a need cannot be satisfied in a given situation, but a situation of satisfaction can be created, then the direction of consciousness to create such a situation is called aspiration. Striving with a clear idea of the necessary means and methods of action is the intention. A kind of aspiration is passion - a persistent emotional desire for a certain object, the need for which dominates all other needs and gives an appropriate direction to all human activity. A person’s predominant aspirations for certain types of activity are his inclinations, and with an obsessive attraction to a certain group of objects - drives. [6] As such, there are no criminal motives. A person is responsible for a socially dangerous illegal act, and not for the meaning of this action for a given person. Thus, the motivation of criminal behavior in general does not differ from the motivation of behavior in general. In both cases, the same attitudes, interests, desires, aspirations and inclinations operate. The only difference is in the implementation of motives. From the point of view of moral and psychological freedom of will of the criminal is determined by the degree of deviation of the social attitudes of the individual from positive stereotypes. The more a person is infected with antisocial views and habits, the higher is his ability to choose a socially dangerous variant of behavior and the higher is the freedom of his “criminal” will. Thus, the authors of one of the textbooks on criminal law recommend that the court ascertain the degree of moral depravity of the subject in order to establish whether the crime in question was the logical conclusion of the antisocial orientation of the individual, or turned out to be an accidental phenomenon on his life path. The moral and psychological moments of free will characterize a single property of the personality of the offender, therefore, the assessment of a specific degree of free will depends on the simultaneous consideration of its formal and substantive aspects. Thus, the presence of a large criminal experience in a person allows us to conclude not only about his moral depravity, but also about the increased ability to act with knowledge of the "criminal case". A strong or weak will can refer to both a morally educated and immoral person. Therefore, a subject with an "immoral" but strong will in the event of a crime acts, other things being equal, "freer" than a weak-willed subject. Thus, the degree of arbitrariness, free will of the criminal in the committed act is the higher, the higher his ability to act with knowledge of the "criminal deed", to control his actions, and the more morally corrupt he is. In conclusion, it should be noted that the perpetrators of a crime do not have true inner freedom (the so-called free will). Topic 8. Personality of the criminal The question of the identity of the offender is one of the most complex, controversial and least developed criminological problems. The significance of this problem is expressed primarily in the fact that a crime as an act of a human act and the will of a particular person is largely derived from his essential characteristics and features. So, we can say that the crime and the offender are those components of the body of crime, the study and knowledge of which can provide criminological material for subsequent work on the prevention of crime. Isolating the personality of a criminal from the entire mass of people is carried out on the basis of two criteria: legal and social (socio-psychological). Based only on legal criteria, the identity of the criminal can be determined as the person who committed the crime. However, in this judgment one can discern elements of tautology. In addition, this concept of the personality of the criminal has a formal connotation, [7] therefore the legal criterion must, of necessity, be supplemented by a social (socio-psychological) criterion, according to which the personality of the criminal is characterized by one or another degree of antisocial orientation (orientation) or, at least , individual antisocial traits. This provision applies to persons who have committed not only a malicious, but also a so-called accidental crime, as well as to persons who commit crimes in a state of passion and even through negligence. This also includes persons who have not yet violated the criminal law, but due to antisocial views and habits, manifested, for example, in the form of committing relevant administrative offenses, may take the criminal path. [8] In other words, the subject of criminology includes the personality of the offender, understood in the above sense and including not only the actual persons who committed the crime, but also other categories of persons subject to targeted preventive influence. In general, data on personal characteristics in relation to both the subjects of all crimes and their individual types contain significant information about the causes of crimes, which can be used in determining measures aimed at preventing new crimes. The object of criminological study of the identity of the offender are: ▪ individuals committing crimes; ▪ various groups of criminals (minors, repeat offenders); ▪ various criminological types of criminals. The task of criminology in studying the personality of a criminal is to isolate the range of those characteristics that make it possible to identify causal relationships, causal complexes, chains closest to crime and crime. The most common in criminology is the allocation of the following groups of signs: 1) socio-demographic; 2) criminal law; 3) social manifestations in different spheres of life (sometimes they talk about social ties); 4) moral properties; 5) psychological signs; 6) physical (biological) features. Study of social positions, roles and activities of criminals. A person in society occupies a number of positions on which his behavior depends, and plays a number of roles, each of which has its own content - the so-called role script, and the person follows this script. Differ: ▪ role as a set of normative requirements corresponding to a given position; ▪ role as a person’s understanding of what is required of him and what he intends to perform; ▪ actual performance of the role in specific conditions of place and time. When studying the personality of a criminal, it is important to determine his social and role status. For example, a person may not occupy those social positions that would allow him to get acquainted with the norms of the state and behave in accordance with the requirements of law and morality (for example, a person is used to resolving conflicts with the use of force). A person can simultaneously occupy positions that are associated with conflicting requirements, norms of behavior, that is, there is a conflict of social positions and roles. A person can take positions that directly dictate illegal, criminal behavior (for example, if he is a member of a criminal group). A person can get into a situation of lack of continuity of roles and positions, as a result of which he will be unprepared to comply with legal norms in accordance with his social position (and this, in turn, entails a violation of labor protection rules, negligence). Finally, a person can occupy one social position, and focus on others; he can get into a situation of conflict between the roles already performed and expected in the future. The criminal behavior of a person in this case may contradict the roles already performed, but be logical from the point of view of referential roles (the conflict between the real and the expected, the present and the future). The main motives underlying criminal behavior, crime are: 1) socio-political (the mechanism of government and society, participation in management, influence on it, etc.); 2) socio-economic: ▪ satisfaction of vital needs; ▪ satisfaction of “relative” needs that arise in conditions of socio-economic differentiation of the population and people’s comparison of their situation with the situation of others; ▪ achieving one’s ideal - a certain material standard (wealth) or social standard (penetration into the upper strata of society) towards which a given person is oriented; 3) violently selfish (physically and mentally aggressive): ▪ absolutization of the idea of self-affirmation, the realization of existing needs and interests in any form; ▪ self-affirmation in those forms that are possible for a person in specific situations; 4) thoughtlessly irresponsible: ▪ lack of need and interest in correlating one’s actions with existing norms of behavior and the law; ▪ selectivity of such a relationship (for example, only under conditions of strict external control or in communication with those in power, but not with subordinate and unresponsive people). It should be noted that the term "criminal activity", in contrast to the concept of "criminal behavior", reflects not only the presence of a system of certain criminal acts, but also a purposeful search by a person for social positions, conditions for the implementation of criminal intentions, the development in the process of self-education of qualities that are important specifically for criminal activity. Value-normative characteristics of consciousness. The value orientations of a person can be called deep personal characteristics that indicate the most significant objects for the person, valued by her. When studying the identity of the criminal, it was found that in the system of value orientations for such persons, the highest places are occupied by individual or clan-egoistic orientations. Above all, in such cases, there is personal material well-being, unlimited manifestation of one's "I", the creation of the most comfortable conditions for this, or clan, group egoistic interest. Classification of criminals. The personality of the criminal as a social type. Classification of criminals is carried out using grouping and typology. Grouping is most often understood as the distribution of a statistical population into certain groups, categories using such a criterion as the statistical prevalence of one or more characteristics. The most widespread groupings based on: ▪ demographic data (gender, age); ▪ some socio-economic criteria (education, occupation, presence or absence of permanent residence and occupation, residence in urban or rural areas); ▪ citizenship; ▪ the state of the individual at the time of the commission of the crime (intoxication, drug excitement); ▪ the nature of criminal behavior (intentional or careless; primary or repeated). Typology is a deeper characteristic of different contingents of criminals. It is based on essential features causally associated with criminal behavior. Within the same type, signs-manifestations and signs-causes should be homogeneous; they must reflect certain dynamic patterns, lines of determination, fixed in criminological studies. For example, as signs of a typology, one can use such as committing thefts (sign-manifestation) as a result of a person’s steady orientation to criminal means of ensuring his well-being, his impunity after committing previous crimes due to high criminal professionalism (signs-reasons). From the end of the XNUMXth century Criminologists distinguish four types of criminal personality. And although different authors call them differently, in fact, they mean the degree of stability and autonomy of a person's criminal behavior in interaction with the social environment. There are such types of criminal personality as: ▪ malicious; ▪ unstable; ▪ situational; ▪ random. The social type of a criminogenic personality expresses a certain integrity of its personal characteristics. This type is characterized by: ▪ formation of personality in conditions of intense illegal and immoral behavior of others (family, comrades); ▪ in the past - a system of immoral acts and various types of offenses that continued to be repeated even after the adoption of legal measures; ▪ separation from the value-normative system of society and the state; ▪ getting used to a negative assessment of one’s behavior, using socio-psychic self-defense mechanisms; ▪ activity in a situation of committing a crime and, as a rule, committing a crime without sufficiently justified external reasons. Within the type of criminogenic personality, subtypes are distinguished: ▪ consistently criminal; ▪ situationally criminogenic; ▪ situational. The sequentially criminogenic subtype is formed in a microenvironment where the norms of morality and law are systematically violated; the crime follows from the habitual style of behavior and is determined by persistent antisocial views, social attitudes and orientations of the subject. As a rule, the situation of committing a crime is actively created by such persons. Representatives of this type are able, if necessary, to adapt a specific environment in their interests, their criminal behavior is relatively autonomous. The situational-criminogenic subtype is characterized by the violation of moral norms and the commission of non-criminal offenses, improper fulfillment of the requirements of socially acceptable social roles; is formed and acts in a contradictory microenvironment; the crime is largely due to the situation of its commission, which is unfavorable from a socio-economic, moral and legal point of view (stay in a criminal formation, conflicts with other persons). Such a person is led to a crime by his microenvironment and the whole previous way of life, the natural development of which is the situation of the crime. The situational subtype is characterized by the fact that the immoral elements of the consciousness and behavior of such a person and his microenvironment, if any, are expressed insignificantly. More significant are the defects in the mechanism of interaction between the social environment and the individual in a difficult situation, including as a result of the unpreparedness of the individual for it. Topic 9. Crime Prevention Everything that was considered earlier (crime, its causes, the identity of the offender) ultimately aims to master modern criminological knowledge about crime prevention. At its core, crime prevention or, in other words, crime prevention (these two terms are identical in terms of etymology and are used interchangeably) is a specific area of social regulation, management and control, which has a multi-level character and pursues the goal of combating crime based on the identification and elimination of its causes and conditions, other determinants. Criminology studies crime prevention as a complex dynamic system. Its functioning is connected with the solution of both general tasks of social development and specialized tasks in the field of combating negative phenomena. As a rule, in criminology, the preventive system of state and public measures aimed at eliminating or neutralizing, weakening the causes and conditions of crime, deterring crime and correcting the behavior of offenders, is analyzed in terms of its focus, mechanism of action, stages, scale, content, subjects and other parameters. . According to the level, it is customary to single out general social (or general) and special crime prevention. General social warning is not directly related to crime. It is based on the fact that the positive development of society, the improvement of its economic, political, social and other institutions, the elimination of crisis phenomena that feed crime from life, objectively contributes to its prevention. Unlike general, special preventive measures are carried out purposefully in the interests of crime prevention. Depending on the scale of application, preventive measures are distinguished: ▪ national, related to large social groups; ▪ relating to individual objects or microgroups; ▪ individual. According to the stages, it is customary to single out the direct prevention of crime and the prevention of recidivism. From a practical point of view, the allocation of such stages in the prevention of crime as prevention, prevention, and suppression is more significant. General social crime prevention. In today's conditions, the following signs of general crime prevention measures remain, although in many ways they appear in a new way: scale, comprehensive and versatile nature, complexity and interdependence, continuity, radicalism. Thanks to these characteristics, general prevention represents the basis, the foundation of special prevention - proactive combat against crime. Special Crime Prevention. Special crime prevention, in contrast to general prevention, is aimed at preventing crimes. Special purpose for identifying and eliminating (blocking, neutralizing) the causes, conditions, and other determinants of crime is its profiling, constitutive feature, the main feature. Along with this, special criminological prevention includes the prevention of planned and prepared crimes, and the suppression of initiated crimes. According to the degree of radicalism, special criminological measures can be distinguished: preventing the possibility of the occurrence of criminogenic phenomena and situations; neutralizing (blocking, minimizing) such phenomena and situations; completely eliminating them. According to the legal characteristics, special criminological measures are distinguished: those based on the rules of law, but not regulated by them (legal education, education); regulated in detail by legal norms (administrative supervision). Subjects of crime prevention. As for general crime prevention, its subjects are practically the entire society, all institutions of civil society, and the state as a whole. Individual prevention is the identification of persons from whom, judging by reliably established facts of their antisocial, illegal behavior, one can expect to commit crimes, and the provision of educational and other measures of influence on them, as well as on those around them, in order to prevent crimes. The tasks of special (special-criminological) crime prevention are also solved by a variety of subjects: state and non-state, specialized and non-specialized, differing in other ways. The range of these subjects is determined in accordance with the procedure established by law. Basics of victimological prevention. Victimology is the study of sacrifice. In relation to the theory and practice of crime prevention, we are not talking about victims in general, but only about victims of crime. The experience of fighting crime shows that in the mechanism of criminal behavior, the personal qualities of people who become victims of crime are significant. The same experience also confirms another truth: the crime might not have happened, and the crime that had begun could have ended without results if the alleged victim had shown forethought and given a proper rebuff to the potential criminal. Victimology studies crime and criminal behavior from the point of view of their dependence on the personal and role qualities of the victim, his relationship with the offender before and at the time of the crime. The immediate subject of study is the persons or communities of people who were directly or indirectly caused moral, physical or material damage by a crime, as well as those situations that preceded or accompanied the moment of damage. The behavior of a person, of certain groups of the population, by its nature, can be not only criminal, but also victim, i.e. risky, imprudent, frivolous, dissolute, provocative, dangerous to oneself. Victimological prevention is a specific activity of social institutions aimed at identifying, eliminating or neutralizing factors, circumstances, situations that form victim behavior and cause the commission of crimes, identifying risk groups and specific individuals with a high degree of victimization and influencing them in order to restore or activate them. protective properties, as well as the development or improvement of existing special means of protecting citizens from crime and subsequent victimization. Fighting crime. The fight against crime is an organic unity of three areas: ▪ general organization of the fight; ▪ crime prevention; ▪ law enforcement activities. The general organization of the fight against crime includes the components discussed below. 1. Information and analytical activities for registering manifestations of crime, studying these manifestations, their causality and determination, the results of the fight against crime at previous stages and evaluating the relevant data. This is done by creating systems of crime records, statistical reporting; current analytical activities of bodies fighting crime; development of criminological research, the use of theoretical generalizations of the information received. 2. Criminological forecasting. A criminological forecast is an assessment of the future state of crime and other criminologically significant consequences of certain management decisions. 3. Determination of a strategy for combating crime. Based on assessments of the criminological situation (i.e., crime, its causality, determination, the state of the fight against it), the forecast and recommendations of specialists in the further fight against crime, the state, as the main subject of organizing this fight, determines its strategy. 4. Programming the fight against crime. There are long-term programming, which maximally reflects the strategy of combating crime, medium-term (usually for two years) and short-term (for a quarter, half a year). The programming of the fight against crime is linked to the programming of the economic, social and political development of society and the state. Now we can say otherwise: the fight against crime should be an organic part of politics in society - both state and political activities of various non-state structures, institutions of civil society. 5. Legislation in the field of combating crime. Legislative work is closely related to the programming of the fight against crime. If the current law does not ensure the fight against new characteristics of the criminal and criminogenic situation in the country, serious and purposeful work is required to change, supplement laws or create fundamentally new regulations. 6. Implementation of programs to combat crime, their adjustment and coordination of activities to combat crime. Direct support for the implementation of programs to combat crime is multifaceted. It includes management activities, control, selection of personnel, their training, optimal placement, organization of advanced training, retraining taking into account new criminological and broader social realities, development of new technology, resource support for the fight against crime, analysis of the effectiveness of adopted programs and adjustment of implemented programs. 7. Organization and development of scientific research in the field of combating crime. In this case, we are talking about the development of a network of research institutions and the training of scientific personnel, the improvement of research methods, and the introduction of the results of scientific achievements into practice. Along with criminological research, the deployment of interdisciplinary and complex research is essential. 8. Law enforcement. With regard to crime, it includes the application of measures provided by law to persons who commit crimes, and measures to restore the rights and legitimate interests of the victims of these crimes violated by crimes, and to compensate for the harm caused. Objectives and fundamental principles of the fight against crime. The most important among them are the following. 1. The primacy of preventive activities over law enforcement, and in preventive activities - the primacy of measures to provide social assistance to those in need over the restrictions provided for by law. 2. Application of measures restricting the rights and freedoms of citizens, only in cases of violation of the law and in cases provided for by law. 3. Ensuring the inevitability of the statutory responsibility of the perpetrators for crimes. 4. Implementation of the fight against crime by the whole society, the whole population. 5. Implementation of the struggle in the regime of legality, only within the framework of the constitution of the state, other laws and by-laws that do not contradict it, in compliance with international legal norms. 6. Controlled by the people of the bodies involved in the fight against crime. 7. Comprehensive implementation of the fight against crime. 8. Ensuring the equality of all individuals and legal entities before the law. 9. Economy of criminal repression and application of punishment in the form of deprivation of liberty only in cases where a different decision is fraught with the danger of new victims of crimes and other significant harm. 10. International and bilateral cooperation of states in the fight against crime. Individual crime prevention. As mentioned earlier, individual prevention is primarily an impact on those individuals who can be expected to commit crimes and their social environment. This type of activity is targeted work with a specific person and his immediate environment. In a detailed form, the objects of individual prevention of criminal behavior are: 1) antisocial behavior and way of life of a person whose commission of a crime is quite likely; 2) criminologically significant personal characteristics of a person that determine the deformation of his behavior; 3) criminologically significant psychophysiological features (to the extent of their susceptibility to correction, change, treatment); 4) the immediate conditions for the unfavorable formation and life of the individual, primarily in the family, other everyday environment; 5) elements of an unfavorable life situation that objectively have a criminogenic nature and exist for a sufficiently long time. In order to ensure the effectiveness of individual prevention of criminal behavior, it is important to comply with the following basic requirements: ▪ timeliness; ▪ sequence; ▪ reality; ▪ legality. The methods of individual prevention of crimes include the method of persuasion, the method of providing assistance, the method of coercion. The method of persuasion is a complex of educational, explanatory measures carried out in order to change the antisocial orientation of the individual and consolidate its positive social orientation. The main forms of persuasion are: individual and collective conversations, discussion of a person's behavior, establishing individual and collective patronage over him, stimulating participation in socially useful activities. The method of providing assistance concerns employment, improvement of living conditions, admission to study, organization of leisure, establishing socially useful contacts, planning monetary expenses, and choosing life goals. The method of coercion is one of the main activities of law enforcement agencies and, above all, the police. Based solely on the law, this method makes it possible to timely prevent the illegal criminal activity of persons under control, to protect citizens from their illegal encroachments. The main coercive measures include: administrative arrest and administrative detention, fines, compulsory treatment, administrative supervision. Topic 10. Basic concepts of the causes of crime There are various concepts of crime in criminology. Five main concepts can be distinguished: the concept of a specific cause, the concept of social determinism, the primitive rationalist concept, the anthropological concept, and the logical way of knowing the causes of criminal behavior. Specific Cause Concept. The practical significance of a causal explanation of crime in criminology lies in finding the ability to influence the state and dynamics of crime. In philosophy, a cause is understood as a phenomenon whose action causes, determines, produces or entails another phenomenon (effect). The term “factor” is also used in the literature, which in a certain sense is synonymous with the term “cause”. A factor that acts as a cause or condition of criminal behavior is called criminogenic. A factor that prevents the action of the cause or conditions of criminal behavior is called anti-criminogenic. The difference between condition and cause is relative, so they are often combined with the term “determinants.” In some cases, a cause can play the role of a condition, and vice versa. The category of causality is of paramount importance in underdeveloped disciplines. There are two main interpretations of the cause category. So, the cause is the totality of all necessary conditions, without which a certain phenomenon cannot occur. However, modern scientific ideas are more in line with the idea of singling out in the complex of necessary conditions the main phenomenon that generates another phenomenon (consequence). This phenomenon associated with the effect is called a specific cause. Its main task is to "cut off" other factors from the cause. The concept of a specific cause implies a distinction between causes and conditions in the genesis of a particular phenomenon. Philosophical understanding of the category of cause points to it as the most active factor gravitating towards the essence of the phenomenon. Causality in the sphere of social life has significant specifics compared to causality in nature. The main feature of social causality is that objective social patterns act through people's consciousness. The concept of causality in the social sphere is based on the position of the general leading role of being in its interaction with consciousness. In criminology, this provision should be interpreted in such a way that the causes of crime lie primarily in the sphere of social life, in the objective conditions of people's lives. Subjective factors are included in the causal chain. Crime, which is directly generated by the antisocial psychology of people, also has deeper "basic" causes. Since criminal behavior is a consequence of not only an external cause, but also an internal reflection, it is obvious that it is possible to explain why crimes are committed only with the help of a category that would dialectically connect the role of the cause and the role of reflection. The category of social contradiction can serve as the basis for the theory of the causes of crime. It is the contradiction that is the source of all movement, development and change. From the point of view of certain social contradictions, it is possible to detect the causes of crime not only in socially negative, but also in positive phenomena. In this regard, the main point of preventing socially dangerous forms of behavior is to ensure the harmonious, balanced and proportional development of all spheres of public life. The concept of social determinism. One of the authors of this concept, French criminologist A. Lacassagne, came up with the famous formula: “every society has the criminals it deserves.” This phrase was uttered by him in 1885 at the XNUMXst International Congress of Anthropologists in Rome. In line with this concept, for the first time in criminology, the importance of social conditions was emphasized, the social determinism of crime was demonstrated, its relative independence from the will and discretion of individuals, its derivative nature from the conditions of the social environment. The concept of social determinism made it possible to turn seemingly random and scattered facts into a serious indicator of prevailing social conditions. For the first time in the history of human thought, crime began to be seen as a social phenomenon. The position of social determinism in criminology entails extremely important conclusions. The first of these is that, without changing the social conditions that give rise to crime, it would be futile to try to radically influence crime. If the basis of crime is objective (that is, not dependent on the will of people) factors, then crime will no longer seem to be just a product of the selfish aspirations of some people. This idea of crime arises spontaneously and is extremely stable. Indeed, it seems obvious that those who want to commit crimes commit crimes (i.e., there is free will). The one who is selfish, spoiled, ill-mannered wants to commit a crime. Enough to persuade these people (or intimidate them), and the number of crimes will decrease, crime will disappear. If not everything in people's behavior depends on their intentions, desires (on their will), if their actions are driven by objective factors, then neither cruel punishments, nor the most perfect criminal legislation, nor the most ideal machine of justice, by themselves, will radically affect crime. unable to. The idea of causality in the field of human actions, once it has arisen, will never be deleted from the totality of the sciences that study human behavior. Primitive rationalistic concept. Enlightenment philosophers of the 18th century. (S.L. Montesquieu, M.F.A. Voltaire, C. Beccaria and others) for the first time made an attempt to contrast the medieval, theological explanation of the world with an explanation based on a rational, scientific, largely spontaneous-materialistic understanding of nature and society. From the same positions, they sought to define the concepts of crime, criminality and its causes. The liberation of reason in the Age of Enlightenment acted as an inevitable prerequisite for the liberation of man, and the desire to spread the light and knowledge of reason was the highest goal and purpose of philosophy. Politically, it was a struggle for individual rights against the influence of the church and the feudal state, for democracy against absolutism, for the emancipation of man himself from the shackles of feudal dependence. In 1839, the French Academy of Morals and Political Sciences in Paris proposed as a task for research to reveal, by direct observation, what are those elements in Paris or in any other large city that make up the part of the population that forms a dangerous class due to their sins, ignorance and poverty. . G.A. Freiger, an employee of the police prefecture of Paris, in his work "Dangerous Classes and the Population of Large Cities" compiled a "moral topography", that is, he described the lifestyle, views and habits of those who, in his opinion, form the dangerous class of French society. (Naturally, the concept of “class” used by Freiger differs significantly from the same concept used both in philosophical and Marxist-Leninist literature.) Freiger came to the conclusion that the poor represent the same danger to society as real criminals, from which, according to Freiger, little distinguishes them. Among these "dangerous elements" he attributed almost an eighth of the working class of Paris. With great conviction, Freiger attributed the miserable conditions in which these people found themselves to the moral defects of the personality. At the same time, G. Mayhew's book "Workers and the Poor of London" was published in the UK with a detailed description of those who worked and supported themselves, in contrast to those who, according to Mayhew, could not and did not want to work, outlining the biographies of criminals , a reproduction of the social and moral atmosphere in which they grew up and spent their whole lives. Clearly aware of the importance of living conditions in this environment, Mayhew nonetheless, like Freiger, pointed out that "the main factor was the refusal of the pauper, or criminal, to work, the refusal due to an internal moral defect." So the "criminal man" takes on a new guise - a representative of a special race (class), morally flawed and vicious, living by violating the "fundamental laws of an orderly society", in which everyone must support himself with honest and diligent work. Those who do not do this are "tramps, barbarians, savages" driven by ill will and prone to crime. The emergence of a new idea about the identity of the criminal, and therefore about the causes of crime, was preceded by one of the most grandiose social upheavals in history - the replacement of the feudal system by the bourgeois one, the replacement of the religious worldview with the philosophy of humanism and enlightenment. Contrary to religious dogmas and theological understanding of the causality of human behavior, philosophers-enlighteners formulated the concept of crime as an act of a person’s free will, where he is not a toy in the hands of higher powers, but an individual who acts consciously and is free in his actions. During this period, the idea of society, of human nature, is radically changing. At the center of the system of society is placed a person endowed with inalienable rights, who "by nature has the power ... to protect his property, that is, his life, freedom and property, from damage and attacks by other people." The right of property appears here as a characteristic of a person given by nature, concern for one's well-being is a legitimate central motive for one's actions. According to these parameters, the scale of ethical values is also built, filled with new content for the concepts of good and evil, virtue and vice, which are no longer otherworldly, extraterrestrial categories - they follow from nature itself. At the same time, evil, vice, crime are violations of the natural, normal, reasonable order of things. Property, its free acquisition and possession become objectively the personification of positive action and behavior, and encroachment on property becomes an equally natural, natural crime. The origins of crime, like the origins of virtue, are in the person himself. As J.Zh. Rousseau: "The more violent the passions, the more laws are needed to restrain them." Expressing progressive views for his time, the Italian educator and humanist C. Beccaria in his works derived the sphere of administration of criminal justice from religious and feudal dogmas. [9] He limited the dominance of the feudal police state and church justice over people, arguing that only the affairs of people, but not their souls, were subject to and jurisdiction over them. Cases are subject to jurisdiction only when they are truly harmful to society, and the law speaks clearly and directly about this. The law must be binding on both citizens and rulers. Anthropological concepts of the causes of crime. According to the prison doctor, the Italian C. Lombroso, the criminal’s features contain the characteristic features of primitive, primitive man and animals. "The criminal is an atavistic being who reproduces in his personality the violent instincts of primitive humanity and the lower animals." These instincts have distinct physical characteristics. According to Lombroso, innate individual factors are the main causes of criminal behavior. Based on such conclusions, Lombroso developed a table of signs of a born criminal, i.e., such traits (sigmas), by which, having identified them by directly measuring the physical parameters of a person, it was possible, as he believed, to decide whether we are dealing with born criminal or not. It is easy to see in this concept the transfer of the evolutionary-biological theory of the development of species by Charles Darwin into the field of the study of crime. Indeed, if man evolved from an anthropoid ape, then survived the stage of primitive savagery, then the existence of criminals can be considered a manifestation of atavism, that is, a sudden reproduction in our time, among modern, civilized people, of primitive people close to their anthropoid ancestors. In addition, Darwin also found the following statement: “In human society, some of the worst predispositions that suddenly, for no apparent reason, appear in the composition of family members, perhaps represent a return to a primitive state from which we are separated by not so many generations” . The very first checks of Lombroso's tables showed, however, that the presence of special physical features in a criminal that distinguishes him from all other modern people and brings him closer to primitive man is nothing more than a myth. Lombroso's theory and the modern mystifications arising from it are based on the assumption that there is a certain relationship between certain physical traits and characteristics of the human body, on the one hand, and criminal behavior, on the other, that the physical structure of a person also corresponds to the moral character. It should be pointed out that in everyday, everyday consciousness, partly in fiction and other works of art (not of the highest level), the stereotype of a criminal of the Lombrosian type (the figure of a villain) really appears, which is opposed by a virtuous hero, whose physical advantage is always complemented by a moral advantage. However, such coincidences, of course, have no scientific justification. A logical way to understand the causes of criminal behavior. Traditionally, criminology has followed the path of identifying and studying the causes of specific crimes. However, in the future it became more and more obvious that finding out the causes of specific crimes that were seen in an antisocial attitude, antisocial motivation, or the interaction of moral defects of a person with a specific life situation, and then on this basis, establishing generalizing conclusions is a false, insufficiently methodologically justified way of knowing. The development of society is subject to objective social laws. These laws determine the development of specific people, their psychology. The most complex system of social relations, developing according to objective laws, forms the social context in which the individual lives and acts. It is she who ultimately determines his development as a person. Therefore, it is methodologically more correct to study the causes of specific crimes only on the basis of knowledge of the causes of crime in general, using the method of ascent from the abstract to the concrete. The essence of this method lies in the initial selection during the study of the main abstraction that expresses the main connection of the subject under study. The category of social contradiction serves as such an abstraction. Therefore, it is not accidental that it is impossible to explain the causes of offenses in general through knowledge of the causes of individual unlawful behavior; on the contrary, only the totality of the social conditions of people's lives gives an understanding of the behavior of individuals. Special part Topic 11. Criminological characteristics of crimes against property and their prevention Crimes against property are socially dangerous acts that encroach on the actual social relations of property. The components of crimes against property are provided for by the norms of Ch. 21 "Crimes against property" sec. VIII "Crimes in the sphere of economy" of the Special Part of the Criminal Code. The object of such crimes is property, and property, regardless of its form and owner. The direct object of crimes should be understood as certain types of property. The subject of crimes against property is most often movable property (currency, securities, vehicles), but it may well be real estate. So, in some crimes of this kind, the subject is the right to property. Weapons, radioactive materials, narcotic drugs cannot be the subject of crimes against property, since the theft of these objects threatens public security relations and such acts are provided for by other offenses. Documents (passport, diploma) are also not the subject of crimes against property. All crimes against property can be divided into three groups. 1. Theft of someone else's property. Theft in the articles of the Criminal Code refers to the illegal gratuitous seizure and (or) conversion of someone else's property for the benefit of the perpetrator or other persons committed for personal gain and causing damage to the owner or other holder of this property. There are the following signs of theft: ▪ selfish goal. Disinterested theft is nonsense: if someone takes someone else’s thing not in order to use it in their own interests, but for another purpose, then this is a different crime, not theft; ▪ gratuitous. If someone took property, but left its owner money for it (in proportion), then this will not be theft. The discovery is also usually not a theft; ▪ seizure. It represents the alienation of property from the legal possession of the owner or other owner and its transfer to the actual use and disposal of the perpetrator. Confiscation always has one clearly defined direction: from the owner to other persons who do not have the right to property. This group of crimes against property includes: theft, i.e. secret theft of someone else's property (Article 158 of the Criminal Code); fraud, i.e. theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust (Article 159 of the Criminal Code); misappropriation or embezzlement, i.e. theft of someone else's property entrusted to the guilty (Article 160 of the Criminal Code); robbery, i.e. open theft of someone else's property (Article 161 of the Criminal Code); robbery, i.e., an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence (Article 162 of the Criminal Code); theft of objects of special value, i.e. theft of objects or documents of special historical, scientific, artistic or cultural value, regardless of the method of theft (Article 164 of the Criminal Code). Theft is the secret theft of someone else's property, i.e. taking possession of it without the knowledge of the owner and other persons. Theft occurs when the perpetrator seizes property secretly and wishes to seize it secretly. In secrecy, it is necessary to single out objective and subjective moments. The subjective moment is of decisive importance: if a person thinks that he is kidnapping secretly, but in fact he is being watched, then this will still be theft. The main thing here is the psychological attitude of the perpetrator to the act being committed. Theft is considered a completed crime from the moment when the perpetrator seized the stolen property and got a real opportunity to dispose of it at his own discretion (for example, if the stolen property was found in a person at the factory gate, then this would be an attempted theft, since there was no real opportunity to dispose of the property). Fraud is the theft of someone else's property or the acquisition of the right to someone else's property by deceit or breach of trust. Article 165 of the Criminal Code (causing property damage by deceit or breach of trust) is similar to the article under consideration, but the crime provided for by it is not theft, since it is not related to the taking of property and is a composition that, on the objective side, is, as it were, the opposite of fraud. When causing property damage in accordance with Art. 165 harm to the owner is not caused by seizure, but, on the contrary, by establishing obstacles to the receipt of valuables or property by the owner. For example, the conductor of a train car assigns fares for stowaways, i.e., funds that should have been received do not enter the railway fund as a result of such actions of its employee who abuses the trust placed in him. Assignment and embezzlement differ from theft on the subject. The guilty subject here is the person to whom the property is entrusted and documented. Appropriation differs from embezzlement in a number of objective ways. So, in case of appropriation, the stolen property is retained by the guilty person, and in case of embezzlement, it is alienated (sold, changed). Usually, embezzlement is a more dangerous crime, since when appropriated, the owner has the opportunity to return the stolen property. Robbery is the open theft of someone else's property. Such theft is recognized as open, which is committed in the presence of the victim or property guards or in full view of unauthorized persons. The main thing in this case is the awareness of the fact that theft is being committed. If the persons did not realize this, then this would not be robbery - this is theft. Robbery has exactly the same qualifying features as theft. There are no features of this type of crimes against property, including robbery with illegal entry into a dwelling, that distinguish them from theft. It is only important to establish that the entry is illegal: if the offender enters the premises by fraudulent means, then this is also illegal entry. The only qualifying feature other than theft is robbery with the use of violence not dangerous to life or health, or with the threat of such violence. What level of violence should there be? Violence in this case refers to beating, striking, binding. If you hit with a brick, then this is already life-threatening violence, and it qualifies as robbery. In disputable cases, an expert examination is appointed. If, when taking possession of property, the perpetrator caused at least slight harm to the health of the victim, then this is also considered robbery, since such violence does not fall under the signs specified in paragraph "d" part 2 of Art. 161 of the Criminal Code. Robbery is an attack for the purpose of stealing someone else's property, committed with the use of violence dangerous to life or health, or with the threat of such violence. Article 162 of the Criminal Code, containing the qualifying signs of robbery, indicates the formal composition of this type of crime against property, therefore, from the moment of the attempt, the robbery is considered completed. With this provision, the legislator deprives robbers of the right to benefits, i.e., there cannot be an attempt to commit a crime, and in fact, in the event of an attempt, the court can impose no more than three-quarters of the maximum punishment. So, bringing a glass of wine with clonidine is also an attack, bringing the victim into a helpless state with the help of psychotropic substances. It is proposed to describe robbery on the basis of its differences from robbery. Violence is recognized as dangerous if at least slight (or more) harm to health has been caused or there was a real threat of such violence. When causing grievous harm, a qualified robbery takes place. For example, if you take a person by the throat with your hand, this will also be robbery. Theft of items of special value. In Art. 164 of the Criminal Code refers to theft, but does not name any method of theft of items of special value. It can be the theft of a painting, and robbery, and robbery. In other words, the objective side of this crime is expressed in the theft of especially valuable items in any way, such as theft, robbery, extortion, etc. 2. Causing property or other damage not related to theft. This group of crimes against property includes: extortion, i.e. the demand for the transfer of someone else’s property or the right to property or the commission of other actions of a property nature under the threat of violence or destruction or damage to someone else’s property, as well as under the threat of disseminating information disgracing the victim or him close or other information that may cause significant harm to the rights or legitimate interests of the victim or his relatives (Article 163 of the Criminal Code); causing property damage by deception or abuse of trust, i.e. causing property damage to the owner or other owner of property by deception or abuse of trust in the absence of signs of theft (Article 165 of the Criminal Code); unlawful taking of a car or other vehicle without the purpose of theft (Article 166 of the Criminal Code). Extortion is the demand for the transfer of someone else's property or the right to property, or the commission of other actions of a property nature under the threat of violence or the destruction or damage of someone else's property, as well as under the threat of dissemination of information disgracing the victim or his relatives, or other information that can cause significant harm. rights or legitimate interests of the victim or his relatives. It turns out that extortion is only a demand, the moment of the end of the crime in this case from the moment of the demand is transferred to the moment of the attempt. The actual taking of property is outside the scope of the composition provided for by this article. Only if we are talking about extortion on a large scale, taking possession matters, since this qualifying feature can only be imputed on condition of a real transfer of property on a large scale. The demand for the transfer of property may be accompanied by the threat of violence, the threat of distributing information that dishonors the victim, or other information, such as disclosing the secret of an adoption. Within the meaning of this article, "relatives" should be understood as any citizens whose life, health and well-being are dear to the victim. This type of crime is committed with direct intent, its subjects are persons who have reached the age of 16 years. As in the case of violent robbery and robbery, in the case of extortion, the criminal tries to take possession of another's property, using violence or the threat of such violence. However, with extortion, the victim retains the opportunity to turn to the authorities to protect his interests, i.e., with extortion, there is a gap in time between the demand for the transfer of property and the actual possession of property, between violence and the receipt of property. This gap in time can be used by the victim to protect their rights and interests. Causing property damage by deceit or breach of trust. This composition is very similar to a scam. The offender here does not take a penny, but does not give, for example, the organization the opportunity to receive from customers what is due to it for services, the guilty one does not give the opportunity to implement the function of replenishing property. For example, the inheritance was supposed to go to the state, but the acquaintances of a single woman decided to deceive the state, they said that they had been dependent on the uninherited woman for the last few years, and received property. The Supreme Court of the Russian Federation qualified this case under Art. 165 of the Criminal Code. A distinctive feature of this composition is also the fact that the damage caused to the owner as a result of fraud or breach of trust includes not only direct losses in the form of non-receipt of certain funds or property, but also lost profits and other costs resulting from these actions. As for the qualifying circumstances, they are identical to the circumstances discussed above in relation to theft. The infliction of property damage by deceit or breach of trust is considered repeated if it was preceded by theft, robbery, etc. The exception here is cases of causing major damage. This circumstance does not coincide with the qualification of theft on a large scale, since it includes not only direct material losses of the owner, but also losses in the form of lost profits. Illegal possession of a car or other vehicle without the purpose of theft. Previously, this crime was called theft. When there were no cars (or there were few of them), there were no corresponding articles in the Criminal Code. Isolated cases of theft were qualified as malicious hooliganism. This article is criticized by the affected owners. Unlike theft, the offender in this crime does not aim to turn the stolen vehicles into his own property or the property of others. Therefore, if you do not prove that the perpetrator wanted to somehow dispose of the car, then only Art. 166 of the Criminal Code and, accordingly, not too severe, according to the victims, punishment. The purpose of the theft may be indicated by the existence of an agreement with the buyer, the systematic nature of actions (for example, the offender has already stolen several cars). Theft can be carried out secretly, its owner can be pulled out of the car under threat - in this case, theft can be like a robbery. It is possible to distinguish between these compositions in the same way as during a robbery, i.e., according to the severity of violence. The crime is considered completed from the moment the vehicle is moved from its permanent location. 3. Destruction or damage to property. This group of crimes against property includes: intentional destruction or damage to property (Article 167 of the Criminal Code); destruction or damage to property due to negligence (Article 168 of the Criminal Code). Deliberate destruction or damage to another's property. The object of this crime is property, the subject is movable and immovable property. In addition, objects withdrawn from civil circulation can also act as objects of crime. The objective side of this type of crime is the destruction or damage of someone else's property. Destruction is the bringing of property into a state that completely excludes its further use for its intended purpose. Damage entails a partial loss of consumer qualities, deterioration of properties, a decrease in the value of property, as a result of which its further use is difficult. A prerequisite for the onset of criminal liability under Art. 167 of the Criminal Code is causing significant damage. When determining the significance of damage, it is necessary to take into account not only the value of the lost property, but also its significance, volume, value for the owner and other circumstances. This crime belongs to the category of intentional, guilt manifests itself in the form of direct or indirect intent (parts 2, 3 of article 25 of the Criminal Code). According to part 1 of Art. 167 of the Criminal Code, responsibility comes from the age of 16, and for part 2 - from 14. Part 2 of Art. 167 contains a number of aggravating circumstances: intentional destruction or damage to property by arson, explosion or other generally dangerous method or negligently causing the death of a person or other grave consequences. Destruction or damage to property through negligence. Article 168 of the Criminal Code provides for liability for the same actions as Art. 167, but with a careless form of guilt. In part 2 of Art. 168 provides for increased liability for the destruction of property on a large scale, committed by careless handling of fire or other sources of increased danger, or entailed grave consequences. Criminological characteristics of crimes against property. Crimes against property are a set of so-called common criminal mercenary crimes, i.e. acts that involve the direct illegal taking of someone else’s property, committed for selfish reasons and for the purpose of unjust enrichment at the expense of this property, and without the subjects using their official position, not associated with a violation of economic ties and relations in the economic sphere. The essential features of such crimes are as follows: ▪ encroachment on someone else's property. The crimes in question mainly encroach on things, including money and securities, and other property. Extortion may be associated with a demand for the transfer of rights to property. The property of both individuals and legal entities can be alien to the criminal; the owners of property can be the state, organization, association; it does not matter whether a person owns this property, or uses it, or only disposes of it; ▪ selfish purpose, i.e. unlawful gratuitous seizure and (or) circulation of someone else’s property in favor of the offender or in favor of another person. Here there is a motivation for profit, enrichment, and material gain. Practically, as about ordinary criminal mercenary crimes, one can speak of those acts against property that are characteristic of professional criminals, other representatives of the criminal environment, but are committed not only by them. In the total number of these crimes, the proportion of acts of minors and young people is always large. When conducting criminological research, a so-called comparable array of ordinary acquisitive crimes is singled out: these five types of crimes account for almost 90% of all ordinary acquisitive crimes. This type of crime has a long history, the criminal environment has accumulated and, unfortunately, continues to accumulate experience in committing acts characteristic of it, traditions, skills, methods of committing crimes against property, a subculture and a system of views justifying them are being developed, strengthened and developed. It is associated with the activities of professionals in the thieves' world, that is, professional crime, as well as many manifestations of organized crime. All crimes in this category are characteristic of gangs and many other organized criminal groups. This crime is extremely socially dangerous, causing significant material damage to the state, organizations, associations. The most common crimes, not only in general criminal acquisitive crime, but also in the general array of crimes, are theft. In the structure of this type of crimes, thefts of citizens' property quantitatively predominate (a third of them are apartment thefts), however, the public danger of encroachment on the property of legal entities does not decrease from this. Theft of large amounts of finished products from enterprises, consumer goods from warehouses, transport cargo, raw materials, various equipment, mechanisms, money from banks and other financial institutions, works of art from museums, icons from churches, and other valuables cause significant damage to the state, organizations, entrepreneurial structures, undermine their economy. In addition, it should be borne in mind that such thefts, especially from protected objects, are carried out after careful preparation, reconnaissance, distribution channels, often the criminal world introduces its people into these structures, which only organized crime can do. Robberies and robberies are extremely common crimes against property, and they are recorded much less than they are committed. The prevalence of robberies and robberies is evidenced by the fact that a third of the crimes were committed near the home of the victim. It should be borne in mind that robberies and robberies are crimes typical for cities, suburban areas, large settlements, and therefore the state of this type of crime, and even more so the methods of their commission in Moscow and other populous conglomerates, differ slightly. Fraud, misappropriation of entrusted property are criminologically close. Fraud differs from other types of general criminal mercenary crime against property, which have some fluctuation in the number of recorded crimes, and is distinguished by a rapid growth trend. After thefts and robberies, fraud becomes the most common crime in the structure of common criminal acquisitive crime against property. Extortion has several varieties. A more “perfect” form of extortion is the organization of permanent illegal or legally operating organizations to protect business structures on the basis of regular monetary tribute received from them at a flexible rate that varies depending on inflation and the expansion of business operations, from encroachments on them by other criminal groups. Another form of extortion is the requirement for an entrepreneur to make a property or financial transaction for a certain amount with a certain subject who is a representative of a structure created by organized crime or under its control. Specifics of determination and causation. The study of the processes of determination and causation of general criminal acquisitive crime against property is associated with answering the questions: how, why it exists and develops, what social, economic and other circumstances act as the causes that give rise to it; What are the features of the conditions that contribute to the manifestation of the causes and the onset of a criminal result in the form of one or more crimes of this type, and, of course, what are the features of the interaction of all these phenomena in their integration combination? General criminal mercenary crime against property as an integral part of the integral phenomenon of crime is conditioned by the system of socio-economic relations, its type. At the same time, the interaction of this system and the type of crime under consideration has an important feature: unlike many other types of crimes, ordinary criminal mercenary crime against property is organically linked with the socio-economic system (formation) and its relations. This is explained by the fact that the essence of any formation is, as you know, property relations, therefore, this type of crime is genetically linked to a certain system of property relations. It is clear that the type of crime under consideration, in comparison with its other types, must and does experience the pressure of those properties that are inherent in a certain type of socio-economic relations. At the same time, this type of crime, like no other, concentrates all the essential features of this formation. The specificity of the determination of common criminal mercenary crime in a market economy lies primarily in their rigid mutual conditionality. The nature of relations is directly or indirectly influenced by numerous and diverse spheres of state and public life, their state, development, direction, content, degree of impact on society, etc. Among them, the areas of particular importance are: ▪ formation of public policy, views, ideas, concepts regarding property - ownership, transformation, security, protection of the owner and his property interest; addressing the issue of equal security and protection or applying the principle of selectivity, priority in relation to certain forms of property and certain owners; ▪ practical activities of the state, i.e. authorized bodies, organizations, officials, to implement ideas, concepts, decisions made by the state regarding property - the commitment of these entities to certain methods, strict political and economic guidelines or all the ability of these entities to make timely adjustments to their activities; attitude towards human and civil rights, regardless of position, size of property, belonging to a certain class, occupation, or directed, often targeted, preference; ▪ culture, science, education, moral education, enlightenment, including legal education, mass information, i.e. those areas that provide the opportunity to actively influence society and individuals, to form views on property. In addition, among the areas of particular importance in terms of the determination of common criminal mercenary crime, the following areas should be included: social; law-making and law enforcement in the field related to property, its protection, the direct fight against encroachments on other people's property; organization and implementation of the fight against this crime, including its prevention. At the same time, one should not forget about the influence of such categories, conditioned by the history of the people and the state, as the continuity of generations, the stability of social psychology and civil attitudes about property, including private property; traditions, habits, national-demographic and territorial features associated with the attitude to property, to other people's property. And these categories themselves, and their influence on the state and development of ordinary criminal mercenary crime are very specific. Already from this enumeration it is clear how complex the causal complex of common criminal mercenary crime against property is. Hence the complexity of the very process of criminological analysis of the causal complex of interacting phenomena, and this process becomes even more complicated when the state and society either go through a crisis or enter a transitional stage of their development. Among the phenomena that determine crime, the following can be distinguished: ▪ an increase in the property differentiation of the population and an increase in the level of poverty, the stratification of society into a narrow circle of rich people and a predominant mass of poor people who are not confident in their future; an increase in the share of the poor in the city compared to the countryside; rising unemployment; delay in payment of wages, shutdown of enterprises; ▪ criminalization of society and economic activity; ▪ weakening of the system of state control. Along with the indicated phenomena that determine crime, including ordinary criminal mercenary crime against property, there are others in the conditions of market relations. They are also obligatory and inevitable for market relations: exploitation and super-exploitation; accumulation of capital at the initial stage, often in a criminal way, and in the future - due to the depreciation of labor, obtaining excess profits; inequality of opportunity; competition growing into deceit and violence, which does not stop at any crime; the power of money, the cult of profit, individualism and aggressiveness; detachment and even disregard for people who have not been able to adapt to these relationships; the spread of mercantilism to activities in the field of culture and the sphere of moral values. All this is the foundation of crime against property, objectively existing negative economic, political, social and moral circumstances that give rise to criminals and crimes that primarily encroach on other people's property. Preventing property crimes. The strategy for preventing such crimes is to localize the phenomena that form the causal complex of common criminal mercenary crime against property, as well as to prevent or mitigate the consequences of these phenomena. This leads to the application of such measures that could ensure the functioning of the economy in the mode of expanded reproduction (and, consequently, lower unemployment), the stability of the financial system, other measures to strengthen and develop the market, economic relations (general measures). Measures that have a special focus on the prevention of general criminal mercenary crime include: the creation of economic and legal conditions that exclude the criminalization of society and all spheres of economic and financial activity, the capture of industrial and financial institutions by criminal structures, their penetration into various power structures; examination of decisions made on financial and economic issues from the standpoint of their economic security, as well as mandatory examination of legislative or other regulatory legal acts for the same purpose during their preparation. Social precautions include: ▪ legal propaganda of the activities of law enforcement agencies; ▪ development of measures to improve the level of material resources of orphanage, social rehabilitation and correctional institutions; housing and living conditions of large and low-income families; creation of special services for children left without a livelihood; ▪ development and implementation of measures to ensure social employment of adolescents and youth, the unemployed and homeless, refugees and internally displaced persons, previously convicted and other persons who do not have a permanent income or other means of subsistence; ▪ creation of rehabilitation centers for people involved in vagrancy and begging; ▪ implementation of measures to develop a network of institutions for social assistance to persons without a specific place of residence and occupation. In conclusion, we note that the above list of criminological signs of common criminal mercenary crime against property is quite impressive and convincingly confirms how great the social danger of this category of crime is. It is clear that the study of this crime, specific crimes, the development of measures to prevent common criminal mercenary crime against property are the most important thing for criminology. Topic 12. Criminological characteristics and prevention of recidivism Recidivism of a crime (from lat. recidivus - resuming, returning) - a kind of plurality of crimes. In accordance with the Criminal Code, recidivism of crimes is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime (Article 18). The recurrence of crimes entails more severe punishment on the basis and within the limits provided for by the Criminal Code. There are different concepts of recidivism of crimes: criminal law, or legal; criminological, or factual; penitentiary. Criminal law, or legal, recidivism is the commission of an intentional crime by a person who has a criminal record for a previously committed intentional crime. In addition, legal recidivism is considered to be one for which special liability is specifically established by law. Penitentiary recidivism is the commission of a crime by a person who has previously served a sentence of imprisonment. Criminological, or actual recidivism, is any repeated commission of a crime, i.e., a simple repetition of crimes. Recidivism of a crime differs in forms: general, or simple, recidivism is the repeated commission of a crime of any nature; special recidivism - the repeated commission of a crime identical or homogeneous with the first crime. Whether a relapse is dangerous and especially dangerous is established by the court based on the following signs. Dangerous recidivism is recognized when a person commits an intentional crime, for which he is sentenced to imprisonment, if earlier this person was twice sentenced to imprisonment for an intentional crime, as well as when a person commits an intentional grave crime, if he was previously convicted for an intentional grave crime. . Relapse is considered especially dangerous: a) when a person commits a serious crime for which he is sentenced to real imprisonment, if previously this person was twice sentenced to real imprisonment for a serious crime; b) when a person commits a particularly serious crime, if he has previously been convicted of a serious crime twice or has previously been convicted of a particularly serious crime. The identity of the culprit - repeat offender. Characteristics of the personality of a repeat offender include: needs and motives, moral and legal consciousness, social positions and connections, socially significant activities. The system of motives for recidivist criminals is poorer and worse than that of law-abiding citizens and persons who have committed a crime for the first time. Selfish, material-consumer, emotional-momentary motives are dominant. Recidivist criminals have a deformation of needs - the predominance of material interests over spiritual ones, such as the need for communication, education, creativity, most of them have no need for systematic work. Antisocial needs also correspond to antisocial motives of actions - self-interest, revenge, jealousy, envy, hooligan motives, influence of other persons, removal of an obstacle or concealment of another crime. Closely related recidivism and the phenomenon of alcoholism. Sometimes the need for alcoholic beverages acts as a somotive or incentive for another criminogenic motivation: aggressiveness, self-interest, violence. The recidivist is characterized by non-self-criticism, self-justification of the deed, belief in impunity, luck, the ability to avoid exposure, cynical neglect of public goods for the sake of selfish interests. Many of them regard their activities as correct, exposure as an absurd accident, and the sentence of the court and punishment as a terrible injustice. It is typical for recidivists to start working early, many even before the age of 16, and to stop it just as early. As a rule, recidivists have a short, intermittent general experience, disproportionate to their age and not corresponding to their ability to work, which consists of periods between successive convictions. In addition, usually these are people who have only secondary or even incomplete secondary education. Repeat offenders maintain ties with other criminals, often marry persons with similar views and habits, and impose them on their children. Causes and conditions of recidivism. Recidivism is the most dangerous form of criminal activity. The fact of relapse indicates that the extreme measure of influence - criminal punishment - did not achieve its preventive purpose. Repeated commission of crimes indicates a person’s persistent reluctance to lead a socially useful lifestyle. The fact that a person commits a new crime even though he has a criminal record (or even a criminal record) only emphasizes the socially dangerous nature of his behavior that is familiar to him. If the same person, after conviction, commits a new homogeneous crime, there is a so-called special recidivism; if a person after conviction commits a new heterogeneous crime, this is a general recidivism. Both of these cases almost equally characterize the subject of the crime negatively. Under Russian law, a person who, being convicted (or convicted, if the conviction has not yet been expunged), commits a new crime, is recognized as a recidivist. Russian criminal law highlights the concept of a particularly dangerous recidivist. Reasons for recidivism include: ▪ negative environment, including a criminal family, connections with people leading an antisocial lifestyle. In other words, the circumstances that cause recidivism are those circumstances that occurred both before the person’s first conviction or before the application of punishment-substituting measures, and those that continue and recur after he has served his sentence; ▪ shortcomings in the activities of law enforcement agencies themselves. This includes an untimely response to a crime, slowness in initiating criminal cases, a low detection rate of crimes, and a violation of the requirements of the law for a comprehensive, complete and objective study of the circumstances of the crime committed. In addition, in legislation and judicial practice, as well as in the theory of criminal and correctional labor law, there is a clear underestimation and underestimation of the importance and role of criminal penalties other than imprisonment. The widespread use of this type of criminal punishment (i.e., imprisonment) does not at all contribute to the successful fight against crime in general and recidivism in particular, but, on the contrary, leads to the fact that almost three-quarters of recidivism falls on persons previously held in correctional facilities. - labor colonies; ▪ difficulties in social adaptation of persons released from punishment, and primarily from imprisonment. They arise in connection with the “exclusion” of the convicted person from the conditions of ordinary life of society, the weakening or even complete destruction of socially useful connections and the formation of antisocial connections instead, “getting used to” the regime and environment in places of detention, with mental disorders that appear as a result of long-term imprisonment in a closed and isolated system. In addition, the spread and imposition of criminal customs and traditions by criminals on each other has a very negative impact on prisoners. Prevention of recidivism. The main direction of preventing recidivism is to create conditions that facilitate the adaptation of those released after serving their sentence to the conditions of free life, neutralizing the negative consequences of imprisonment. State bodies and public organizations should provide assistance in the employment and everyday life of persons who have served their sentences, as this contributes to faster and better social adaptation of these persons, which, in turn, leads to a decrease in the likelihood of relapse. Another area of recidivism prevention is social control over those who have served their sentences. The measures of such control are the placement of persons with alcohol, drug or other dependence (for example, the need for constant gambling is a psychological problem and is subject to treatment) in special medical institutions, the placement of persons without a fixed place of residence in educational and labor dispensaries, as well as establishment of administrative supervision of internal affairs bodies. Administrative supervision consists in public control over the behavior of the supervised person and compliance with the established legal restrictions, for example, the prohibition to leave home at certain times, stay in certain places, etc. The most difficult is a special relapse. To prevent it, criminal penalties are used, such as a ban on holding certain positions for a certain time or engaging in a certain type of activity. If a special relapse is repeated more than once, then we have to admit that the criminal has undergone a transition to criminal professionalism. Topic 13. Criminological characteristics of professional crime Professional crime is a type of criminal activity that is the main or only source of livelihood for the subject, a stable type of criminal activity (specialization), requiring certain knowledge and skills from the offender, assuming the presence of stable ties with the antisocial (criminal) environment. The main types of professional criminal activity are such crimes as fraud, theft, buying and selling of stolen property, counterfeiting. Within these types of crimes, there is a narrow specialization that gives rise to many so-called criminal "professions". In modern conditions, such types of offenses as pseudo-entrepreneurship, fictitious bankruptcy, production and sale of counterfeit securities, credit cards, other payment documents, crimes in the field of computer information, as well as those that have recently become "usual" should be added to the list above. contract killings. The existence of professional crime in the former USSR and today's Russia was recognized only recently. In the 1930-1980s. it was believed that professional crime in the USSR was completely eliminated as a relic of tsarism. Indeed, in the USSR such criminal "professions" as safe-crackers (the so-called safe-crackers), swindlers using fake jewelry and others have practically disappeared, but card sharpers, pickpockets, house thieves, etc., remained and "thrived". Very widespread in the 1970s. received such a new type of activity as the underground production of consumer goods, which in those years was considered criminal and unacceptable. But this phenomenon did not officially exist, therefore the causes and conditions of professional crime were not studied and no statistics and records were kept on this phenomenon. Personality of a professional criminal. Since professional crime stems from a special recidivism, i.e. repeated repetition of homogeneous (identical) crimes, or rather, repeated commission of crimes of the same composition (only burglaries or only theft of vehicles, etc.), then everything said earlier about the individual A repeat offender can also be classified as a professional criminal, but with some additions. The main distinguishing feature of a professional criminal is most often his mandatory knowledge and observance of criminal traditions and customs, criminal jargon, knowledge of which he acquires in the process of learning the criminal “profession” and during further activities. Professional criminals represent the most active, dangerous, and malicious group of criminals; they are characterized by high criminal activity and the most stable (consistent) antisocial behavior. Causes and conditions of professional crime. Among the reasons causing professional crime, it is first of all necessary to highlight one very specific reason, namely the existence of criminal traditions and customs. They arose and were established over a long period of time and even many centuries. It is with the help of traditions and customs that the criminal community, and in professional crime it is also a caste community, reproduces itself and contributes to the protection, safety and “prosperity” of its members. However, the traditions and customs themselves, being catalysts for criminogenic processes and the conditions for the existence of professional crime, are predetermined by social prerequisites, among which the following can be distinguished: ▪ material inequality. Let us note that inequality itself is neither the cause nor the condition for the emergence of professional crime; it becomes dangerous only when individual members of society in one way or another begin to rob it and live at the expense of its other, law-abiding members. Mismanagement and lack of proper control on the part of the state lead to the intensification of plunderers of state property, who turn certain sectors of the national economy into a source of their enrichment. In addition, during the transition to a market economy, the stratification of society into rich and poor has increased, and the principle of enrichment at any cost has become prevalent; ▪ reducing the social role of family, culture, changing views on material values. In modern Russia, a culture of power and the omnipotence of money, which makes a person “cool” and independent, have begun to be preached. This played a big role in the influx of young people into the ranks of criminals. According to official statistics, in recent years the age of mercenary criminals has sharply and significantly decreased, and this is a clear indicator of the social disorientation of young people; ▪ underestimation by law enforcement agencies of the public danger of professional crime. This is due to the fact that in the former USSR, for more than half a century, the problem of professional crime “did not exist,” that is, it was not recognized by the official authorities, and therefore, no records were kept of such crimes, no work was carried out aimed at preventing professional crime, its causes were studied. The problem of professional crime is not reflected in the legislation - the professionalism of the criminal is not taken into account at all when assigning punishment. In addition, committing crimes becomes an economically profitable business due to the low regulation of compensation for material damage: the criminal can pay for many years and in very small amounts. Prevention of professional crime. In the prevention of professional crime, criminal legislation plays a significant role, since when we talk about a professional criminal, we do not mean a random criminal, but his malicious type. Consequently, the fight against crime can be strengthened by improving the institution of the totality of crimes in order to maximize the individualization of punishment and the correct qualification of criminal acts. Among the measures to prevent professional crime, it is necessary to single out measures to neutralize and eradicate criminal traditions and customs, the laws of informal associations. There should be a special program for the re-education of convicts, in which sociologists, psychologists, specialists in subculture could take part. Possible contacts of professional criminals with juvenile delinquents should be excluded. It is also necessary to maintain a centralized record of professional criminals by category. It is also expedient to create special units in the internal affairs bodies, develop new forms and methods for detecting and suppressing criminal activity, developing economic impact measures to create conditions under which it will be unprofitable to lead a criminal lifestyle. Topic 14. Criminological characteristics and prevention of crimes of minors and youth The state of juvenile delinquency in the Russian Federation causes reasonable concern in society. The growth of social tension and the deepening of the crisis in the country primarily affected children and adolescents. Characteristic features of juvenile crimes are violence and cruelty. At the same time, minors often overstep the limit of violence and cruelty, which in a particular situation would be quite sufficient to achieve the goal. Teenagers in the process of committing crimes, in an unfortunate combination of circumstances for them, commit crimes such as murder, infliction of grievous bodily harm, robbery. There is a trend of rejuvenation of juvenile delinquency, an increase in the criminal activity of young children, there is a significant increase in female juvenile delinquency. There is an increase in crimes committed by minors, both male and female, on the basis of drunkenness, substance abuse and drug addiction. There is a tendency to rejuvenate "drunken" crime: every fifth crime is committed by minors in a state of alcoholic or drug intoxication. Juvenile delinquency is characterized by a high degree of latency. Moreover, due to the peculiarities of the legal and physical status of minors and their personal characteristics, the statistical indicators of juvenile delinquency are more "regulated" in investigative and judicial practice. The prevalence of crimes committed by minors is actually several times higher than its registered part. Thefts, robberies and hooliganism are characterized by especially high latency. Criminological characteristics of the personal characteristics of juvenile offenders. Due to the nature of juvenile delinquency, the problem of the identity of the offender comes first when studying this phenomenon. The success of the preventive activities of internal affairs bodies largely depends on how comprehensively and deeply the personality of a minor offender is studied. Many mistakes could be avoided if law enforcement agencies always placed the individual at the center of their attention and professional efforts, and not just the conditions of her life or other influences on her. This fully applies to juvenile offenders. The main thing when considering the personality of a juvenile delinquent is age. Certain biological, psychological and mental changes in the personality structure are associated with this. Age-related change in personality is not a cause and is not unambiguously linked to the dynamics of basic life relationships. The safety of basic life relationships is combined with the variability of the personality throughout life under the influence of events, circumstances, etc. In addition to chronological age, psychological, pedagogical and physical age are distinguished, and all of them do not coincide with each other, which leads to internal conflicts of the personality, which can also have a criminal nature. In general, the so-called "average age" does not really exist. The general patterns of adolescence manifest themselves through individual variations, depending not only on the environment and conditions of education, but also on the characteristics of the organism or personality. Determining the age characteristics of criminals, criminologists usually divide minors into the following groups: ▪ 14-15 years old - teenage group; ▪ 16-17 years old - minors. Criminological, sociological and psychological features of the behavior of the contingent in the age range of 14-17 years old indicate that the behavior of adolescents of this age group is influenced both by the conditions of their life and upbringing in previous years, and by "young adults". This leads to the conclusion that juvenile delinquency must be considered in the context of delinquency of persons under the age of 14 and persons over 17 years of age. Analyzing the personality of juvenile and adult criminals, we can talk about their commonality. The line that defines the difference between criminals of different ages is essentially erased when it comes to two age groups: 16-17 years old and 18-20 years old. In this case, it is quite acceptable to speak of a single age group, if we use the concept of incomplete adulthood. Males predominate among juvenile delinquents. This is explained primarily by the difference in gender social ties with the environment in which the personality develops, the conditions for the moral formation of the personality, the difference in the nature and correlation of typical conflict situations. The predominance of males among juvenile delinquents is associated with the mental and psychological characteristics of the sex, the historically established difference in behavior, upbringing of boys and girls, with greater activity, enterprise and other general characterological properties of men. The legal literature often points to the relationship between the educational level and the personality of the offender. On this basis, one can judge the potential possibilities of the personality of a juvenile delinquent in the performance of his social functions, depending to a certain extent on the level of his culture and interests. Speaking about the level of education of juvenile offenders, it should be noted that it is lower than that of their peers who have not committed crimes. So, among juvenile delinquents there are often repeaters who dropped out of school, vocational schools, and some - in auxiliary schools. From a criminological point of view, the study of the marital status of juvenile offenders is of particular importance. This is quite understandable, because the socially significant qualities of the individual and the evaluation criteria inherent in it are formed in the family. Studies show that more than two thirds of juvenile delinquents were brought up in families where quarrels, scandals, mutual insults, drunkenness and debauchery were constantly present. Every eighth - tenth recidivist who embarked on a criminal path at an early age was involved in drunkenness and crimes by parents, older brothers, close relatives. In addition, a dysfunctional family has a negative impact not only on its own members, but also on other adolescents with whom their children are friends. Thus, there is a process of "infection" of adolescents who do not belong directly to this family. Important for characterizing the personality of juvenile offenders are the features of their legal consciousness. They are characterized by deep defects in legal consciousness, which to a certain extent is explained by two factors: general legal illiteracy (both of the population as a whole and of minors) and the negative social experience of the minor himself. Defects in the legal consciousness of juveniles who commit crimes are expressed in a negative attitude towards the rules of law, unwillingness to follow the prescriptions of these rules. Significant gaps in the legal knowledge of minors lead to arguments about the "injustice" of laws, "illegal" condemnation. The social circle of juvenile delinquents also has characteristic features. Basically, it is made up of previously convicted, abusing alcohol, drugs. The problem of leisure is also special. Juvenile delinquents have two to three times more free time than their law-abiding peers. At the same time, according to the results of individual studies, as the free time increases, the interests of adolescents are deformed and acquire a negative connotation. Moreover, the more free time, the higher the likelihood of committing offenses. The personality characteristics of minors who have committed crimes, discussed above, are expressed mainly in the motivation of their criminal behavior. Its main features: ▪ the predominance of “childish” motives - committing a crime out of mischief, curiosity, the desire to establish oneself in the eyes of peers, the desire to own fashionable things, etc.; ▪ situational nature of motives; ▪ deformation of any one element of the sphere of needs, interests, views. For example, an exaggerated understanding of camaraderie, the desire to raise one’s prestige. Causes and conditions of juvenile delinquency. The causes and conditions of juvenile delinquency, as well as crime in general, are socially determined. They primarily depend on the specific historical conditions of society, on the content and orientation of its institutions, the essence and methods of resolving basic contradictions. There is a strong opinion that the main causes of juvenile delinquency and its rapid growth are a sharp deterioration in the economic situation and increased tension in society. Of course, all this affects adult crime as well, but the rapid decline in living standards affects adolescents the most, because at all times juveniles have been and remain the most vulnerable part of society. Their vulnerability lies in the fact that the features that distinguish minors (unsettled psyche, not fully formed system of values) make them more susceptible to the influence of factors that adults resist much more successfully. Unable to legally satisfy their needs, many teenagers begin to "make money" and obtain the necessary things and products to the best of their ability and ability, often by committing a crime. Minors are actively involved in racketeering, illegal business and other types of criminal activities. One of the negative manifestations of the economic crisis is the reduction of jobs, which has led to a decrease in employment opportunities for adolescents, primarily those who have served their sentences in educational institutions. Among the specific causes of juvenile delinquency at the present stage of society, the catastrophic situation with the organization of leisure for children and adolescents at the place of residence stands out. Many children's institutions and organizations ceased to exist, and the premises that belonged to them were leased to commercial structures. The aggravation of the problems of family troubles against the general background of poverty and constant need, the moral and social degradation that occurs in families, lead to extremely negative consequences. Among juveniles from dysfunctional families, the intensity of crime is especially high. Basically, drunkenness, drug addiction, prostitution flourish in these families, there are no moral principles, elementary culture. Specialists of various sciences cite impressive figures when speaking about minors suffering from mental illnesses that do not exclude and exclude sanity. Mental disorders of children are largely the result and legacy of the corresponding behavior and life of their parents - alcoholics, drug addicts. Some combinations of mental disorders and socio-psychological deformation of the personality are largely explained by the fact that the causes of the pathological development of the personality of minors lie in the asociality and immorality of their parents. Violence towards each other and towards their children flourishes in these families and, as a direct consequence of this, a rapid increase in extremely dangerous violent crimes committed by teenagers and even children. Cruelty breeds cruelty. Juvenile delinquency has a high latency. Some studies show that even before the first conviction, adolescents manage to commit several crimes. This creates an atmosphere of impunity. The inevitability of punishment is not ensured - the most important means of preventing criminal behavior. The presence of causes and conditions conducive to juvenile delinquency does not mean the fatal inevitability of their committing crimes. These causes and conditions are subject to regulation, neutralization and elimination to a certain extent. An important role in this regard is acquired by general and individual prevention - a system of crime prevention measures used by state bodies, including internal affairs bodies, in relation to minors who commit crimes. Juvenile Delinquency Prevention. The prevention of juvenile delinquency is based on the fundamental principles characteristic of the concept of crime prevention in general. However, along with this, in the prevention of crimes committed by minors, there are features due to the difference between minors and other age categories, as well as the specifics of the crimes they commit. Many actors are involved in the prevention of juvenile delinquency. They represent a single system bound by common goals and objectives. A special place in this system is given to the internal affairs bodies, which represent a subsystem for the prevention of deviant behavior. The internal affairs bodies carry out the main volume of work in the field of preventing juvenile crimes, are directly involved in the correction and re-education of juveniles who have committed crimes. In addition, the preventive activity of the internal affairs bodies implies the mandatory inclusion of other subjects in it. The internal affairs bodies are engaged in the prevention of juvenile delinquency both at the general and at the individual level. Work is carried out mainly in the following areas: ▪ limiting the influence of negative social factors associated with the causes and conditions of juvenile delinquency; ▪ impact on the causes and conditions conducive to this type of crime; ▪ direct impact on minors who may be expected to commit crimes; ▪ influence on groups with an antisocial orientation, capable of committing or committing crimes, in which a minor is a participant, subject to preventive influence. Preventive activities, organized in accordance with these directions, should provide a comprehensive preventive impact on minors who are prone to committing crimes, on the microenvironment and social conditions in which they find themselves. In the process of preventing juvenile delinquency, internal affairs bodies should direct their efforts to identify the causes, conditions conducive to crime, as well as to eliminate, limit and neutralize them. To this end, the internal affairs bodies organize interaction with state, public and other organizations and institutions involved in preventive activities, conduct complex operations, raids, targeted inspections and other activities. Great importance is attached to the preventive effect on the personality of a minor, i.e., individual prevention. With regard to minors, preventive activities can take place in two cases: when negative phenomena are in their infancy and when such phenomena do not yet occur, but there is a possibility of their occurrence. Success in this case depends on the timely "diagnosis", the detection of these phenomena. This is most important from a practical point of view, as it allows you to determine the appropriate preventive measures, including those of a medical nature: identify children with mental anomalies, determine the prognosis of their development, and take measures to neutralize and mitigate the layers of abnormal development. Measures of individual prevention should affect both the personality of the juvenile delinquent and his environment. The main elements of the preventive action system are: 1) careful study of minors capable of committing crimes; 2) determination of the main measures and activities, based on which in practice it would be possible to achieve the goals set; 3) development of rational methods of organization, control and determination of the effect of individual preventive action. The goals of individual prevention of crimes committed by minors are the correction and re-education of a teenager or a change in his criminogenic orientation. This implies the need to solve the problem of establishing patterns of deviant behavior, the mechanism of its formation and change. To this end, the bodies involved in the prevention of juvenile delinquency perform the following functions: ▪ identify minors whose behavior, views, and motives for their actions indicate the possibility of committing crimes; ▪ study the personality of these teenagers; ▪ identify and eliminate sources of negative influence on them; ▪ explore the possibilities of creating a favorable environment in order to prevent the implementation of criminal intentions; ▪ exercise control over the behavior of such minors and their lifestyle; ▪ periodically analyze the results obtained and make appropriate adjustments to their work. Employees of the internal affairs bodies identify and register minors capable of committing crimes, from among: ▪ teenagers leading an antisocial lifestyle (using alcohol, drugs, not engaged in studies and socially useful work); ▪ minors grouped on an antisocial basis; ▪ those who returned from special schools and vocational schools; ▪ those sentenced to probation or sentences not related to imprisonment, as well as those to whom the sentence was suspended: ▪ released from educational colonies. The identity of a juvenile delinquent is not formed immediately. This is a very complex process, covering the deformation of the emotional, volitional and intellectual world of a teenager. The prevention of criminal acts dictates the need for a detailed study of all the negative personality traits of a minor, which, under certain conditions, can determine criminal behavior. It is also important to know about the presence or absence of anomalies in the state of health of a minor, signs indicating his mental inferiority. All these questions can be clarified in full with the psychological and pedagogical diagnosis of the personality of a juvenile delinquent. The most optimal and economical way to solve this problem is the creation of psychological and pedagogical centers, which will, on the one hand, provide psychological and pedagogical diagnostics of the personality of minors prone to committing crimes, and on the other hand, will give police officers specific recommendations for conducting preventive work with such teenagers. Various methods and techniques of influencing the consciousness, feelings and will of a minor who tends to commit crimes can be used in two ways: directly or through other persons participating in preventive activities. The main organizational and tactical forms of applying methods and techniques of individual influence on minors are conversations conducted by employees of the internal affairs bodies, involving them in socially useful activities of labor, social, sports, cultural and other nature. The effectiveness of prevention against minors largely depends on taking into account the fact that in most cases crimes are committed by minors in groups. This requires high professionalism, deep socio-psychological, psychological-pedagogical and legal knowledge, organizational skills, and perseverance from workers involved in such prevention. In the process of preventing crimes of minors, it is necessary to influence their families, since in many cases the antisocial behavior of a teenager is associated with family troubles. In order for preventive work in the family of a minor capable of committing crimes to be successful, it is necessary to study such a family in all aspects. It is also important to master the methods developed by specialists in the field of psychology and psychiatry, to use information from other areas of knowledge and the experience of the internal affairs bodies in individual preventive work. To prevent juvenile delinquency, it is of great importance to identify adults who involve adolescents in criminal activities. The main criterion here is timeliness: this allows you to quickly prevent an impending crime or stop criminal activity. Directly related to the prevention of juvenile crimes are also the timely initiation of a criminal case, the rapid and complete disclosure of crimes, the exposure of the perpetrators, and the correct application of preventive measures. Among the subjects of the prevention of juvenile crimes, educational colonies occupy a special place. These institutions solve the problem of crime prevention in a specific way - through the correction and re-education of minors, however, the need for the correction and re-education of minors in isolation must be recognized as a reality and modern forms and methods should be used for this. In any case, the effectiveness of activities to prevent juvenile crimes largely depends on how preventive measures are based on the provisions developed by criminology, criminal, penitentiary law, psychology, and pedagogy. Topic 15. Female crime The crime of women differs from the crime of men in its quantitative indicators, the nature of crimes and their consequences, the methods and instruments of commission, the role that women play in this case, the choice of the victim of a criminal assault, the influence of family and household and accompanying circumstances on their offenses. These features are associated with the historically conditioned place of a woman in the system of social relations, her social roles, biological and psychological characteristics. Of course, social conditions and lifestyles, the roles of women are changing, and therefore the nature and methods of their criminal behavior are changing. During the 1980-1990s. the proportion of women in total crime was 10-15%, and by the beginning of 2000 it had reached 20%. The most common crimes of women are theft (about 15% in the overall structure of women's crime, of which 12% are theft of personal property), theft of other people's property by appropriation or embezzlement (18-20%). Much less often, women commit theft with the help of theft, robbery, robbery and fraud, as well as theft on a large scale. The vast majority of thefts are committed by them in connection with the performance of various duties that are directly related to the work performed. Three quarters of thefts take place in cities, since there are much fewer commercial enterprises, retail outlets, public catering establishments, and construction sites in the countryside. In the past, women mostly gave bribes or mediated bribery, but now the proportion of those who take bribes has slightly increased. Apparently, this should be associated, on the one hand, with the increased social activity of women, including in the law enforcement sphere, and, on the other hand, with the development of a market economy and the administrative activities associated with it. The increase in the proportion of women among those who have committed crimes against state power is a fairly characteristic feature of modern crime. In recent years, the number of thefts committed by women has increased. Thus, according to selective data, the number of thefts of personal property of citizens committed by women increased from 17 to 20% in the structure of their crime. In other words, every fifth identified criminal is a thief. The number of women who commit theft of personal property of citizens is 2-2,5 times higher than the number of those who commit other types of theft. Thefts of all kinds are more often committed by women in cities. Among them, a significant proportion of those who constantly commit theft and have already been punished for it. These are mostly older women, many of them have been homeless for many years. Women are characterized by thefts committed "by way of trust", especially on railway transport and from apartments. The specificity of this kind of crime lies in the fact that a woman inspires sympathy and trust in her victim, disposes to herself. For example, in the event of a theft from an apartment, she can easily be entrusted with the keys or asked to look after the apartment, and crimes in railway transport are mainly committed by female workers during the performance of their official duties. Among criminals, about 1% are people convicted of murder and attempted murder, the same number of women were convicted of causing grievous bodily harm, over 3% - for robbery and robbery. In the total mass of crime, the proportion of women among murderers in different years ranged from 10 to 12%, without showing a noticeable upward trend; among those who caused serious harm to health - from 5 to 7%; among those who committed robberies and assaults - from 16 to 18%. In recent years, there has been a slight increase in the number of women convicted of complicity in rape. Every third or fourth woman serving a sentence in correctional colonies is guilty of a violent crime. This is natural, since women are imprisoned mainly for dangerous crimes. A typical crime for women is infanticide, and unlike other types of murder, the deprivation of life of a newborn is not uncommon in rural areas. As a rule, such acts are committed by young women who do not have a family, sufficient material support, or their own housing. In a number of cases, in these crimes, somewhere in the "background" there is the figure of a man, not without whose influence or tacit consent these crimes are committed. Usually this is a partner or lover. According to sample data, compared with the period of the 1920s. the number of infanticides has tripled. As with all criminals, the most significant group among criminals is made up of people under the age of 30 (about 48%). Of course, this is a general picture, because among their individual categories, the ratio of different age groups may be different. So, among the large robbers and bribe-takers, persons of middle and older ages predominate, there are more of them among recidivist women, for example, thieves from among the vagrants. Among women of 30 and especially 40 years old, the proportion of single women is high, which is due to the breakdown of their marital ties and the loss of parents. At the same time, it is at this age that women are most active in social production, and their social contacts are expanding. During these years, women are appointed to leadership positions. By the time the crimes were committed, more than half of the women were married. For those of them who were not then deprived of their liberty, the family, as a rule, was preserved. Family affairs are much worse for those who are serving sentences in places of deprivation of liberty: according to numerous observations, a man actually or legally starts a new family for himself quite quickly, sometimes even immediately after the conviction of his wife. The family broke up during their stay in places of deprivation of liberty in 11,9% of married men, and among women - in 23,5%; 2,8% of men and 1,2% of women got married while serving their sentence. Among the criminals, there is a relatively high proportion of people with higher and secondary specialized education, as well as those who have a specialty. This became especially noticeable in the 1990s, when women with a higher level of education began to take an active part in economic activity. Those convicted of serious violent crimes, large-scale theft and bribery have the highest qualifications. However, up to 40% of criminals did not have certain occupations at the time of the crimes, and this number does not include housewives. Selective studies on the number of convictions of men and women and their comparison revealed the following trend: with a small number of convictions, the proportion of men significantly exceeds the proportion of women, but in groups with a large number of convictions, their shares are equalized. So, in the group with five convictions, men were 5,1%, women - 3,2%, with six convictions - respectively 2,6% and 1,9%, seven convictions - 1,3% and 1,2%, eight convictions - 0,6% and 0,6%, nine convictions - 0,6% and 0,7%. According to selective data, about 25% of women sentenced to imprisonment had various mental anomalies. Most often it is alcoholism, psychopathy, oligophrenia, organic lesions of the central nervous system, the consequences of traumatic brain injuries. About 33,3% of women underwent a forensic psychiatric examination during the investigation; 7,7% were hospitalized in psychiatric hospitals after criminal prosecution. Psychopathies and residual effects of organic brain lesions are most common. "Anomalous" criminals (excluding alcoholics) are somewhat more numerous among minors. Among them, there are many who have been diagnosed with venereal diseases. A psychological study of convicted women showed that in the mass they do not have qualities that could significantly complicate preventive work with them, the process of their correction. However, the process of rehabilitation for women released from places of deprivation of liberty may be more difficult than for men, since their socially useful ties are cut off more abruptly. On the whole, the majority of female criminals, in comparison with criminals, have less antisocial attitudes, they do not have stable criminal convictions, although their social and psychological adaptation is impaired, it still does not have serious defects. This, of course, cannot be said about recidivist criminals who have lost socially useful contacts and are maladjusted personalities. It is known that in general for women the assessment of other people and the impression they make are very important. Criminals are no exception. Their need for self-affirmation, being one of the most powerful stimuli of human actions, becomes obsessive, significantly influencing their way of life. This is not just a desire to please men or look better than other women, but the need to confirm their existence, their place in life. For criminals, in general, the persistence of affective psycho-traumatic experiences and high impulsivity are quite characteristic. This leads to inadequate perception and assessment of emerging life situations, poor prediction of the consequences of one's actions, disorganization and thoughtlessness of behavior. In connection with the commission of unlawful acts, women experience a sense of guilt, anxiety for their future, and this anxiety, of course, intensifies during the period of serving sentences in places of deprivation of liberty. Causes of women's crime. An analysis of modern socio-economic and psychological processes and living conditions of women suggests that the causes of crime among them are currently associated with such phenomena as: ▪ significantly more active participation of women in social production; ▪ some weakening of the main social institutions, primarily the family; ▪ increased tension in society, conflicts and hostility between people, which is perceived more acutely by women; ▪ increase in drug addiction, alcoholism, prostitution, vagrancy and begging among women. Women began to work much more than before in social production and participate more actively in public life. At present, they make up about half of the number of workers and employees, and most of them are employed in such areas as health care, public education, culture and art, science and scientific services, trade, public catering, small business, supply, marketing, procurement, lending and insurance, textile industry and a number of others. More than half a million women manage enterprises, institutions, organizations (as a rule, small and medium), about a million are heads of workshops, sections, departments and other structural units. Disorganization in all these areas is much more sensitive for women than for men. In production, women steal not only because of the availability of valuables, but also because they cannot acquire these valuables in any other way due to lack of money or because of high prices. It is no secret that now in many families women engaged in entrepreneurship, working in trade or public catering are the main breadwinners even with a husband. Of course, a lot of theft is committed due to the poor preservation and protection of manufactured products, goods and the disorganization of production, as well as the lack of educational work with people. However, educational work and appeals to conscience in the absence of money and the introduction of the cult of money into life are equal to zero. Approximately half of the heavy and low-skilled work in industry and construction is currently borne by women, which is absolutely abnormal and demoralizes women. According to available data, almost a million women have chosen construction as a profession, but the level of mechanization here, on average, reaches 50%. Due to the lack of small-scale mechanization in trade and public catering, in warehouses, depots, and stores, women have to handle most of the goods manually, so women easily abandon such work and may embark on the path of delinquency. Currently, in most industries and industries there are no restrictions and prohibitions on the use of women's labor. Their labor is used on an equal footing with men's, the length of the working day is equal to that of men, and the same rates of pricing are determined. At the same time, women are much more exposed to adverse factors than men; physically, they are much weaker than men. The criminological significance of these circumstances lies in the fact that many women cannot withstand such overwhelming loads, and the work itself is not prestigious. As a sample study showed, most of the female vagrants were previously employed in hard, low-skilled or non-prestigious jobs. According to another survey, of women sentenced to imprisonment, one in five had no qualifications. The situation of women in the countryside, where the share of manual labor is especially high, is even more difficult. Much worse than in the city, medical, commercial, cultural and consumer services are provided here, there are significantly fewer amenities in the houses. Many settlements are located far from major cultural and industrial centers. In the countryside, life expectancy is lower, and the mortality of children and people of working age is higher. Therefore, it is not surprising that women from villages and towns go to the city, joining the ranks of vagrants, beggars, prostitutes, thieves, and show aggressiveness when they find themselves in a new environment and unsuccessfully adapt to it. Hard, unskilled work coarsens, hardens a woman, depriving her of such natural traits as femininity, softness, weakness, and sensitivity. She becomes sharp, aggressive, inclined to solve emerging situations with the help of force. This is one of the reasons for the increased share of crimes committed by women against the person, their aggressiveness and cruelty. Before our very eyes, a kind of social "alteration" of female nature is taking place. These changes can have very unfavorable consequences for society, its customs, spiritual culture, and relations between people. Serious damage is done to the upbringing of the younger generation. Moreover, we now live in a situation where the situation with women's labor, women's employment will worsen even more. The economic mechanism in a number of cases comes into conflict with the proclaimed principle of social priorities. The pursuit of profit, enrichment at any cost, multiplied by the everyday disorder of people, the lack of spirituality and the insignificant role of moral guidelines inevitably push socially useful goals into the background. In the absence of an appropriate legal mechanism and with the poverty of the state, the issue of social protection and employment of women in the context of economic reform and a market economy threatens to worsen their position in production, and, consequently, aggravate conflicts. A number of social contradictions affecting crime include the rapid involvement of women in social production, and the lack of consideration of the natural historical characteristics of the female labor force. There remains a contradiction between the high level of women's employment in social work and the relatively low level of their qualifications. Although domestic work is officially recognized as no less important than work in an enterprise or entrepreneurship, the latter are still valued more highly. The combination of a woman's intense professional activity with the fulfillment of her family, maternal duties leads to the most undesirable consequences. This is expressed in the fact that she works with overload all the time, she constantly experiences fatigue, nervous tension, fear of not coping with numerous tasks, she develops high anxiety, mental disorders, a state of maladjustment, a feeling of hostility of the world. Because of this, some women stop cherishing both family and work, they begin to lead an antisocial lifestyle, acquiring their livelihood in an illegal way. The weakening or destruction of the family inevitably leads to the fact that a woman ceases to perform or properly perform the primordially female roles and duties. The family, either one's own or the parent's, to a certain extent has lost its former significance as a regulator of behavior and the whole way of life, its control functions have weakened. Those women who cease to feel their connection with her are no longer guided by her traditional values and get much more opportunity to act without looking back at her every time. At the same time, it is very important to note that the psychological independence of a woman is often organically linked with material independence, since now she begins to work early. When people talk about breaking family ties, they usually mean contacts between parents and children. Indeed, gaining "freedom" from her parents, a woman can commit various antisocial acts, steal, deceive consumers, engage in prostitution. However, one must also keep in mind one's own family, where a woman is a wife and mother. Some women do not consider it any value at all, especially if it is not just about living together, but about an inner, spiritual connection between spouses. The absence of such a connection is very clearly manifested, for example, in the engagement of married women in prostitution. A significant weakening of social control over the behavior of women is characteristic of the modern era due to the increasing pace of urbanization, mass migration of the population, its everyday disorder, breaking up the established cultures of various social strata and groups. At the same time, the social mobility of women is significantly increased, and their roles are enriched. One cannot fail to note such a factor, to a large extent associated with the increased social mobility of women, as the possibility of their closer and longer communication with previously convicted persons and persons committing crimes. In such treatment, criminogenic "infection" of women, especially young women, their assimilation of negative attitudes and stereotypes of behavior, familiarization with an antisocial lifestyle occurs. The life of a young woman can be tragic if she gets involved with a group of delinquents or drug addicts, with mafia structures. Young women from low-income and low-income families, who are unable to purchase fashionable clothes and other prestigious items, are forced to commit theft, robbery and robbery, and engage in prostitution; the bitterness, aggressiveness and vandalism displayed at the same time serve as a means of psychological compensation for the humiliation experienced. Women sentenced to deprivation of liberty, as a rule, have a low education and low professional qualifications, in connection with which their labor rehabilitation may be ineffective. Among them, there is a high level of recidivism. In places of deprivation of liberty, the conditions of anxious expectations are growing among convicted women, mental disorders are worsening. They usually receive emergency psychiatric care only when they pose a real danger to others. In general, medical care for women in correctional institutions is insufficient. All these phenomena impede the successful resocialization of women after their release. Preventing female crime. Problems of preventing female crime must be addressed as part of the fight against crime in general. A prerequisite for the success of special measures to prevent female crime is the achievement of a qualitatively different state of our society. Of course, a woman in society should have a fundamentally different status in life; she should be freed from the role of the main and even equal “breadwinner” of material wealth with men. Her strength and attention should be focused on her family and children. The basic principles of preventive work with women should be humanity and mercy, an understanding of the reasons that pushed them to crime or immoral acts. Laws - criminal, criminal procedural, and other regulations, for example, internal regulations in correctional institutions - should be imbued with humanity and mercy towards women. The positive results of preventive work with women can lead to the improvement of public morality in general, the strengthening of socially approved relationships in many areas of life, and primarily in the family, they will also help reduce crime among adolescents. Work on the prevention of women's crime should first of all cover those areas of life in which negative traits of their personality are formed and in which they often commit crimes. The education of femininity is of great importance, especially for curbing the growth of violent crime among women, which poses a great threat to the moral health of society. Such education requires special preparedness and skill of educators. It should start in the family and be reinforced in the school. However, such a reorientation is also determined by the nature of communication, the position of a woman in society, the level of her morality, and her security. In addition to financial and material assistance, the state and society are obliged to provide assistance to the family in the care of children in connection with the illness of one of its members and its collapse. Family social support should include not only the payment of cash benefits. It is no less important to provide women with the opportunity to earn money, raise the social prestige of their work, obtain higher qualifications, etc. In addition to prevention, the object of which is the family, direct assistance is needed for women themselves. This may be, in particular: ▪ providing state and public assistance to young women and girls who, due to alienation, find themselves in unfavorable conditions and committing antisocial acts. This should include the entire complex of individual educational measures, the establishment of guardianship and trusteeship, referral to orphanages, special schools, special schools, boarding schools, employment or study, etc., as well as medical care, which is necessary for many girls leading antisocial lifestyle, since among them there is a high proportion of people with sexually transmitted, somatic and mental diseases. Without treatment, their introduction to normal life is impossible; ▪ carrying out daily educational work in combination with constant monitoring of behavior (by law enforcement officials, public and church organizations, teachers, doctors, etc.). Control should include the use of prohibitive or restrictive measures in order to block unwanted contacts, prevent aimless pastime (for example, by limiting exposure to public places in the evening); ▪ application of public, administrative, civil and compulsory educational measures to women who commit antisocial acts. Another object of prevention of female crime is the sphere of their labor activity. Here, among the first tasks should be the reduction of the working day or the working week while maintaining the same wages for women with children, the introduction of additional holidays, the improvement of working conditions, and a significant reduction in the number of women employed in hard and hazardous work. It is unacceptable to use the work of women in the night shift. Industrial employment should not replace family and child-rearing care. It is necessary to overcome one more difficulty - a significant difference in the earnings of men and women, associated with unreasonable intersectoral and intrasectoral differentiation in wages. In the future, as the economy strengthens, such a complex and important social task as giving a woman the right to free choice should be solved: to work and engage in social activities, or to be a housewife and raise children, or to combine these activities. When an antisocial orientation is developed in women in the sphere of work, it usually takes on a selfish coloring, which, in turn, negatively affects other workers and employees, as well as family relationships, its moral and psychological atmosphere. Therefore, the organization of preventive activities in the labor collective requires a combination of material and moral impact, and sometimes changes in the family and living conditions of working women. Particularly difficult is the labor and household arrangements for women who are not employed, and even more so if they do not have a fixed place of residence. The difficulty arises not only because it is not always possible to find a job for such women (employment of an elderly woman, and even more so a woman who has served her sentence), but also due to the fact that not every one of them will agree to take the position that she offered. For the prevention of female crime, the question of who, in addition to law enforcement agencies, should be involved in this process is of great importance. This is a very significant issue, since it is impossible to achieve more or less noticeable success by the forces of the law enforcement agencies themselves (and even more so with the help of laws alone). Now it is not necessary to pin especially high hopes on the women's movement. Nevertheless, women's organizations should take measures to involve women in socially useful work, provide them with material support, assistance in solving various labor, family and other personal issues. Taking into account the increased role and influence of the church, especially in the education of people's morals, it can be assumed that the work of the church in the prevention of crime in general and women in particular can bear fruit. This is evidenced, in particular, by world experience. Institutions for juvenile affairs of the internal affairs bodies are called upon to play a large role in the prevention of women's crime, since the educational impact on teenage girls who can embark on a criminal path is not only a very humane, but also a very effective way to combat women's crime. A significant role in the prevention of crime in general and women's in particular can be played by public organizations for the protection of law and order at the household level. Now such organizations have been weakened, and in some places they have been liquidated altogether, which has caused considerable damage to the fight against crime. Medical professionals can play a more prominent role in the early prevention of girls' sexual demoralization. They are able not only to detect and treat gynecological disorders and venereal diseases in a timely manner, but also to identify the contingent of girls who have already begun to commit immoral acts, as well as the source of the corrupting influence on minors. Gynecologists can also record cases of violations of the sexual integrity of minors and take the necessary medical and pedagogical measures for the victims, raise the issue of bringing to justice the persons who committed such violations before the competent authorities. The problem of preventing female crime is one of the most important for law enforcement agencies. In modern economic conditions, women are often forced to commit various crimes in order to provide themselves with an elementary opportunity to exist in this world. As already mentioned, the main causes of female crime are the increased tension in society, the difficult economic situation and the weakening of the main social institutions. A woman ceases to feel like a "weak" sex, occupying leadership positions, participating more actively in public life, working on an equal footing with men. High prices and lack of money encourage women to commit theft and theft. In addition, intense professional activity, combined with the fulfillment of family responsibilities by women, leads to the most negative consequences. Working with overload, feeling tired, nervous strain plunge women into a state of psychological breakdown, which also entails the possibility of committing criminal acts. Thus, the problems of preventing female crime should be addressed as part of the fight against crime in general. One of the most important conditions for achieving success in this area is a qualitatively different state of society. This means that a woman should receive a fundamentally different life status - primarily the status of mother and wife. The state must also provide the woman with financial, material assistance and social support, provide her with the opportunity to earn money and receive higher qualifications. Topic 16. Organized crime, its characteristics and prevention Organized crime is a complex criminal activity carried out on a large scale by internally structured organizations and other groups that profit financially and gain power through the creation and exploitation of markets for illicit goods and services. These crimes often transcend state borders. The understanding of organized crime is even less defined than the understanding of violent, mercenary or economic crime. The basis for separating organized crime from general illegal behavior is the nature and degree of organized interaction of several criminals with each other in the implementation of their prolonged activities. Often organized crime is also defined as a process of rational reorganization of the underworld, by analogy with legitimate business activities in legitimate markets. Such criminal business activities, in pursuit of their goals, take part in illegal activities such as dealing in illegal goods and services, monopolizing the market, using corruption and intimidation. The phenomenon of organization concerns not only and not so much the commission of specific acts, but the formation of the criminal formation itself, its existence and criminal activity. The commission of the same or different crimes is a relatively common affair of subjects (groups) organized among themselves, each of which has its own functional duties, "rights and powers". The phrase "cosa nostra" (from Italian - our business) more or less accurately reflects the essence of organized crime. The social base of organized crime and the range of its possibilities in the command economy of a socialist society in the USSR were one, in the transitional economy of the Russian Federation and other post-Soviet states - others, in the capitalist countries - third. In the USSR, organized crime, which parasitized mainly on the planned economy, was simplified and subordinated to the bureaucracy; during the transition period, it became more complex and became more branched, autonomous; in the capitalist world, organized crime figures as a complex system of independent, specific subjects of special market relations. The structure of organized crime also reflects the sphere of criminal activity, ethnic, religious, national and other traditional features of its main place of residence. Recently, there has been an increase in organized crime in the world. This ominous trend is due to significant advances in the development of technologies and means of communication and an unprecedented expansion of international commercial activities, transportation, tourism. As a result, crime not only expands, but also becomes profitable. At the UN international seminar on combating organized crime in Suzdal (1991), organized crime was defined as "a relatively massive set of stable and controlled communities of criminals engaged in crime as a trade and creating a system of protection from social control using such illegal means as violence, intimidation, corruption and large-scale embezzlement." Classification of organized crime. There are several classifications of organized crime groups. Thus, UN experts divide organized crime into several types. 1. Mafia families that exist on the principle of hierarchy. They have their own internal rules of life, norms of behavior and are distinguished by a large number of illegal actions. 2. Professionals. Members of such organizations unite in order to fulfill a certain criminal intent, these organizations are unstable and do not have such a rigid structure as organizations of the first type. The group of professionals includes counterfeiters, formations involved in car theft, extortion, etc. The composition of a professional criminal organization can constantly change, and its members can participate in various similar criminal enterprises. 3. Organized groups that control certain territories. Organized crime can also be classified according to its areas of manifestation. In particular, they distinguish organized criminal activities carried out in such areas as economics, management, and the social sphere. It is this classification, according to the authors of the monograph edited by V.S. Ovchinsky, V.E. Eminova and N.P. Yablokov’s “Fundamentals of Combating Organized Crime” [10] is intended to play a positive role in the formation of methods for detecting and investigating organized criminal activities, and the creation of a structure of law enforcement agencies designed to combat this phenomenon. The next basis for classification can be called the features of an organized criminal group. Thus, criminal formations can: ▪ be built on a professional basis and without it; ▪ use the official capabilities of members of an organized criminal group and do not have such opportunities; ▪ have or do not have corrupt or other connections distinguishing organized criminal activity. There is also a differentiation of organized crime along ethnic, cultural and historical ties. The identification of these types of organized criminal groups does not always mean that there are clear boundaries between them. Almost every organized community of criminals can be seen as the bearer of many cumulative characteristics. Organized crime is characterized by rapid adaptation, adaptation of its forms of activity to national politics, criminal justice and to the protective mechanisms of various states. A generalized description of organized crime is given in the report of the UN Secretary-General “The Impact of Organized Criminal Activities on Society as a Whole” (1993). [11] It contains a list of signs, which, in the author’s opinion, explains the nature of this phenomenon. 1. Organized crime is the activity of groups of criminals united on an economic basis. Economic benefits are derived by them through the provision of illegal services and goods or through the provision of legitimate goods and services in an illegal form. 2. Organized crime refers to clandestine criminal activities in which, through hierarchical structures, the planning and execution of illegal acts or the achievement of legitimate goals through illegal means are coordinated. 3. Organized crime groups tend to establish a partial or complete monopoly on the provision of illegal goods and services to consumers, since this provides the highest profit. 4. Organized crime is not limited to knowingly illegal activities or providing illegal services. Signs of organized crime. The following signs of organized crime are identified: 1) the presence of an organizer or a leading core; 2) a certain hierarchical structure separating management from direct executors; 3) self-interest is a common generic feature of all organized crime in general; 4) more or less clear distribution of roles (functions) that are implemented in the performance of specific tasks; 5) strict discipline with unquestioning vertical obedience, based on its own laws and norms; 6) a system of harsh punishments, up to and including physical elimination; 7) financial base for solving "general" tasks; 8) collection of information about the benefits and safe areas of criminal activity; 9) neutralization and possible corruption of law enforcement and other state bodies in order to obtain the necessary information, assistance and protection; 10) professional use of the main state and socio-economic institutions operating in the country and the world, in order to create external legitimacy of their criminal activities; 11) spreading frightening rumors about his power; 12) the creation of such a management structure that relieves managers from direct participation or organization of specific crimes; 13) committing any crimes with the dominant motivation to achieve a selfish goal and control in any area or on any territory for the same profit and security; 14) politicization of criminal activity, i.e. the desire of members of criminal communities to power or to establish such relations with individual representatives of government and administration that would allow them to influence local financial, economic and criminal policies in order to expand the scope of their criminal activities and care from social control; 15) large-scale, interregional or even international nature of criminal activity; 16) the huge budget of the criminal community; 17) the presence of a "security umbrella" of organized criminal groups through the creation of structures that ensure the internal security of the criminal community (groups of armed guards, militants, etc.); 18) implementation of criminal control functions over legal banking and commercial activities in a certain territory. In addition to the main features, there are non-basic features, which include: ▪ laundering (legalization) of criminally acquired capital through legal forms of commercial and banking and credit activities; ▪ daring and violent methods of carrying out criminal activities; ▪ penetration into the media, etc. Criminal activity, like any other type of activity, has certain structural elements that characterize the object, subject, goals (motives), means, methods and mechanisms of activity and the result achieved. If we analyze these elements of organized crime from a forensic point of view, then this will characterize criminal activity from the standpoint of those of its features, the study of which serves the purpose of its disclosure and investigation. With regard to organized criminal activity, its independent elements that require special study are both an organized criminal group and the environment in which this activity is carried out. Goals and reasons for organized criminal activity. The above considerations about the content and characteristics of organized crime point to its main goal - to obtain illegal income and windfall profits. However, making a profit in a criminal way cannot be considered the only possible goal and motive for organized criminal activity. Its purpose may also be enrichment and simultaneous obtaining by the leaders of organized criminal groups of power in state, economic and other bodies. The actions of individual criminal communities are also aimed at exacerbating the interethnic situation, creating conflict situations in certain multinational regions. The ideology of the underworld and, of course, the formation of the views and life positions of members of mafia structures is greatly influenced by a relatively small but authoritative corporation of thieves in law, which has deep roots in the criminal environment, which forms the core of organized crime. These are worldly mature people with criminal experience. Basically, they are dangerous recidivists. Their maximum age is 50-55 years, much less often - 60 years or more. At the same time, criminal experience cannot be compared with education; it has both a social and a socio-psychological basis. Criminal abilities, and in some cases even talent, multiplied by communication with hardened criminals, including those in prisons, can create a rather sophisticated type of criminal leader with a great criminal future. According to forensic research, the ringleader, as a rule, has criminal experience and can be tried. He is a kind of generator of criminal ideas and views, an uncompromising opponent, inventive, ambitious, sometimes religious. Under the mask of decency, he often hides injustice, deceit, revenge, cruelty. In the right circumstances, he is sociable, knows how to establish contacts, show initiative, determination, the ability to subdue to his will not only persons with a criminal mindset, but also representatives of state, including law enforcement, structures. It should be noted that the individuality of the leader of a criminal organization, his intellect, criminal experience and other personal characteristics determine the nature of the commission of crimes and the type of activity of a criminal organization. Usually the leader of a criminal organization exercises general leadership and is, as it were, neutral to all its constituent parts, pursuing his line through his assistants who head separate structures. As a rule, most criminal acts are disguised and also illegal. The leader of a criminal organization at the place of residence is conspired to be a law-abiding citizen. In some cases, the official commercial-criminal activity of a criminal organization helps the leader gain a certain prestige in front of the population and thus creates a condition for his safety. According to some scientists, organized crime in the USSR began to develop most fully during the Khrushchev thaw. The liberalization of criminal punishment, the attempts of the first economic reforms stimulated the criminal world to change its direction. The "old" professional crime, which was formed from the gangs of criminals, acquired a completely different qualitative state in the new social conditions, very similar to the analogous phenomenon in the developed capitalist countries. First, a network structure of the organization appeared, under which the division of spheres and territories between groups became possible and even inevitable. Secondly, there was a merging of ordinary criminals with robbers, both of them - with representatives of the state apparatus. Thirdly, organized groups of criminals have penetrated the economy and even politics, which is typical for organized crime. Since professional crime existed, a secondary redistribution of criminally acquired funds began. Under these conditions, the traditional criminal environment was reoriented, began to rob and rob those who enrich themselves. Criminal groups began to divide territories and spheres of influence, increased criminal pressure on the dealers in the shadow economy. Recently, organized crime groups have been trying to find a way into the international arena. Thus, theft and smuggling of currency values and antiques, illegal export of raw materials, arms business, drug business, theft of vehicles, radioactive materials, and prostitution became the most promising activities. Thus, the primary reasons for the development of organized crime include the following: ▪ merging of leaders and active participants of organized criminal groups with representatives of the legislative, executive and judicial branches of government, business, commerce, media and culture; ▪ the inability of the state to protect a number of fundamental constitutional rights and interests of citizens and society; ▪ cultivation of ideas of the market and private property without proper legal support; ▪ unjustified delay in the adoption of fundamental laws that ensure a normal transition to the market, primarily in the fight against organized crime and corruption; ▪ impoverishment and legal nihilism of the majority of the country's population; ▪ lobbying of the interests of certain groups by responsible officials for narrowly selfish purposes. Prevention of organized criminal activity. The fight against organized crime involves the development and implementation of a set of special organization-wide, preventive and law enforcement measures. Among them, an important place is occupied by criminal law, criminal procedural, criminal executive, fiscal and financial, operational investigative and some other measures based on a general analysis of the criminal situation and its forecast. It is also necessary to take special measures, since the main object of the fight is the organized criminal groups themselves, and not individual crimes, their complex and branched criminal activities. To achieve this goal, it is necessary to pay special attention to such issues as the application of criminal penalties for participation in a criminal organization and the introduction of a ban on laundering proceeds from criminal activities. Appropriate measures have already been taken in this direction, and the Criminal Code of the Russian Federation provides for liability for such acts. The practice of fighting organized crime shows that the most effective results are achieved through the integrated use of law enforcement and control agencies. It is necessary to apply strategic measures, such as improving methods for collecting operational information in order to establish criminal communities, the nature of their activities, and the relationships between various formations; development of methods that allow infiltration into criminal organizations; protection of witnesses and victims, etc. All these issues are regulated by Federal Law No. 12.08.1995-FZ of August 144, XNUMX “On Operational Investigative Activities.” In this regard, it should be noted the positive experience of implementing interdepartmental action plans of tax, customs and law enforcement agencies, currency and export control agencies to replenish the revenue side of the federal budget. In the 1980s In the Ministry of Internal Affairs, units were created to combat organized crime. Then they were transformed into the GUOP - RUOP - UOP - PLO systems, which were staffed and launched work. Subsequently, such units were deployed in the FSB system. RUOP units have made a significant contribution to the work against criminal groups, organizations and communities. The Russian Federation is making certain efforts to organize the fight against organized and transnational crime. Russia has joined Interpol, the international criminal police organization. Together with other CIS countries, Russia organized an organized crime bureau for the CIS countries. Interpol has taken the initiative to act as a single data bank for collecting information on Eastern European organized crime. The main efforts of the Russian Federation and law enforcement agencies of the CIS countries that have a common criminal space are aimed at implementing an interstate program of joint measures to combat organized crime and other types of dangerous crimes on the territory of the CIS member states. Topic 17. Criminological characteristics of crimes committed through negligence Crimes committed through negligence are a special section of crime. The criminal codes of many countries provide for arrays of reckless crimes. Legislators approach the punishment of careless criminals in the same way, separating them from deliberate criminals. Careless guilt can be of two types: ▪ negligence, i.e. when a person does not foresee the harmful consequences of his actions and does not want them to occur; ▪ arrogance, when a person understands that harmful consequences may occur, but hopes that he himself will prevent them or they simply will not occur. At first glance, it is easy to separate intent from negligence, but with a more serious analysis of this problem, difficulties arise. So, having considered the criminological (i.e., qualitative) characteristics of careless crime, it is easy to separate intentional and careless murder (or bodily harm of varying severity). But after all, the death of a person can occur, for example, from improper or untimely treatment, while the doctor had the opportunity to provide assistance in a timely manner and was obliged to do it efficiently. Death can also occur as a result of a car hitting a person, and this, in turn, can be a consequence of the poor condition of the road, and insufficient lighting, and vehicle malfunctions, etc. Scientific and technological progress has also affected the "quality" and "price" of careless crimes. It is not uncommon for an inventor to encounter unforeseen negative consequences of his invention, which can lead to more serious consequences than with intentional crime. And this can affect not only the creator of technology, but also the people around him. New technical devices, insufficiently purified medicines gradually destroy the human body and adversely affect the environment. What and whose actions are considered criminal in such cases are not idle questions, and they are far from always satisfactorily resolved by the legislator, although it is in the conditions of technological progress that the number of careless crimes is growing rapidly and the damage from them is increasing. Everyone knows that security breaches have a very high latency. Violation, even careless, of the rules for handling (storage, carrying, etc.) with weapons can also lead to human casualties. One of the worst examples of criminal negligence is the accident at the Chernobyl nuclear power plant. Poor quality construction without taking into account the seismicity of the region on about. Sakhalin caused a tragedy during the earthquakes in 1995 and early 1996. It became the norm when new settlers were forced to repair a new apartment, a month ago "ahead of schedule" handed over by builders to "good" and "excellent". And how dangerous is the release of low-quality equipment? Up to 30% of produced domestic cars are subject to reclamation. Even more dangerous for the population is the release of low-quality goods, products and medicines. The area of public practice most affected by careless crime is transport. Every year, approximately 60 million car accidents occur in the world. In 1994 in Russia, more than 160 thousand people died and 32 thousand were injured in almost 174 thousand road accidents. According to the structure of this type of crime, 81,9 thousand serious road accidents occur among drivers of private vehicles. The mortality rate from transport accidents is one of the highest. There are many reasons for this, but the main disaster for traffic safety is alcohol. Thus, in 1994, every fourth road accident was committed by persons who were intoxicated. These sad statistics show that the grave consequences of careless crime are explained by the rapid development and saturation of the human environment with new technology, the unpreparedness of many people to master this technology, to manage it, neither in terms of their level of education, readiness to work with complex systems, nor from the standpoint of psychological, and in certain cases, physical. Specialists of criminal law justifiably talk about criminal negligence in general and professional negligence in particular, caused by a lack of professionalism, technical and moral overload of a person. Thus, reckless crime is a special kind of crime, and the criminals themselves do not at all look like criminals, and yet they are criminals. Careless crime can never be justified. And there is no need to talk about the elimination of this type of crime at all, since it is tightly connected with the individual characteristics of the individual, with the life and development of society. At the same time, everyone in his place can deal with the prevention of this type of crime. Measures to prevent reckless crime are: compliance with traffic rules; driving while sober; following the rules of safety in the workplace; compliance with the rules for the storage and use of weapons and ammunition, etc. Topic 18. Criminological characteristics of crimes against public health and public morality 18.1. The concept and types of crimes against public health and public morality Crimes against public health and public morality (Chapter 25, Section IX of the Criminal Code), according to the criterion of the direct object of the encroachment, are divided into three types: 1) crimes against public health related to illicit trafficking in narcotic drugs, psychotropic, potent and poisonous substances (Articles 228-234 of the Criminal Code); 2) other crimes against public health that encroach on the sanitary-epidemiological and medical-pharmaceutical safety of the population (Articles 235-238 of the Criminal Code); 3) crimes against public morality, encroaching on the established relationship to cultural values and wildlife (Articles 239-245 of the Criminal Code). Crimes of the first type in the overall structure of crime constitute the most recorded part of it, while crimes of other types are practically not taken into account by official statistics. Thus, out of 2,89 million crimes registered in 2004, 150,1 thousand were related to drug trafficking, which is 5,2% of the total number of crimes. In accordance with the norms of Federal Law No. 08.01.1998-FZ of 3 "On Narcotic Drugs and Psychotropic Substances", narcotic drugs and psychotropic substances (hereinafter referred to as drugs) include substances of synthetic or natural origin, preparations and natural materials that are included in the approved resolution Government of the Russian Federation dated June 30.06.1998, 681 No. XNUMX List of narcotic drugs, psychotropic substances and their precursors subject to control in the Russian Federation. These narcotic drugs, psychotropic substances and their precursors are included in the List and, depending on the control measures applied by the state, are included in Schedules I-III. Drugs have a stimulating, depressive, hallucinogenic effect on the central nervous system; with systematic use, a persistent mental and physical need for their constant use develops, leading to physical and moral degradation of the individual. Precursors are substances often used in the production, manufacture and processing of drugs, the list of which includes substances of 26 names (List IV) approved by the above mentioned Government Decree. Violation of the rules for the production, manufacture, processing, storage, accounting, release, sale, sale, distribution, transportation, shipment, acquisition, use, import, export or destruction of precursors, resulting in their loss, if this act is committed by a person whose duty is to comply with of these rules, is subject to criminal punishment under Art. 228.1 of the Criminal Code. Potent and toxic substances include substances from List No. 1 of potent substances (119 positions) and List No. 2 of toxic substances (65 positions) approved by the Standing Committee on Drug Control (PCKN) under the Ministry of Health of the Russian Federation. Strong substances are drugs and act on the central nervous system to the same extent as drugs, but with less effect, causing hallucinations, impaired motor functions and a state of dependence. The number of registered crimes in relation to the illegal circulation of potent or poisonous substances (Article 234 of the Criminal Code) is approximately 50 times less than the registered volume of drug-related crimes. Illicit trafficking of almost all drugs and potent substances (hereinafter referred to as intoxicating substances) is due to their final use as a means of voluntary induction into a state of intoxication, as a result of which an intractable disease of drug addiction or substance abuse develops, as a result of which the body ceases to function normally without periodic intake of these substances. Drug addiction in accordance with Art. 1 of the Federal Law "On Narcotic Drugs and Psychotropic Substances" is defined as a disease caused by dependence on a narcotic drug or psychotropic substance (Article 1). The term "substance abuse" denotes a nosological unit that characterizes the non-medical use of any substances or medicines that are not classified as drugs (strong substances, solvents, adhesives), but are also the subject of abuse and cause a painful state of mind and behavior. Regulatory recognition of a medicinal substance as a drug automatically transforms a disease diagnosed with substance abuse into a diagnosis of drug addiction, although the clinical picture continues to remain unchanged. Illicit trafficking in intoxicating substances and the resulting emergence and epidemiological spread of diseases of drug addiction and substance abuse lead to a sharp decrease in the level of physical and moral health of consumers of these substances, deprives them of the ability to perform socially useful functions and reproduce full-fledged offspring. With a mass illness of a part of the population, the state is forced to divert huge resources to the maintenance of the repressive apparatus to combat drug distributors, as well as to organize medical institutions for the rehabilitation of drug addicts and substance abusers, which generally negatively affects the level of the state's economic condition, its defense capability, and public security as a whole. 18.2. The state of crime associated with an attack on the health of the population In 2003, over 176 crimes were registered in the field of drug trafficking (3,9% less than in the previous year), of which 67,3 crimes (38% of the total) were related to their sale. In 2004, about 369 thousand crimes committed in public places were registered, of which 7,8 thousand (2,1%) were related to drugs, their analogues and potent substances. At the present time, the entry of drugs into illicit circulation is carried out through the following channels. 1. Smuggling. In this way, almost the entire cash circulation of drugs produced from plant materials - heroin, opium, cocaine (Afghanistan, Pakistan, Colombia) is ensured. Ephedrine-containing substances are illegally imported from China, synthetic drugs - from the Netherlands, narcotic drugs - from India. According to the Ministry of Internal Affairs of Russia, in 1998 the total share of intoxicating substances illegally imported from abroad was 15,6%. 2. Manufacturing in clandestine laboratories (1,3% of the total amount seized). 3. Theft of intoxicating drugs. The strictness of the regime for the legal circulation of drugs significantly hinders their illegal seizure from guarded and technically equipped medical warehouses. As a rule, theft is committed by persons to whom drugs were entrusted in connection with the performance of official duties or security. Theft is committed under the guise of professional activity. In 1998, the proportion of crimes of this kind amounted to 21,7% of all registered thefts of intoxicating substances, of which 99,9% were barbiturates and tranquilizers. 86 people were brought to justice for the theft of intoxicating substances. As a rule, the withdrawal of intoxicating substances is carried out in several ways. This may be a false diagnosis and the subsequent acquisition of the required drug with a fictitious prescription; injection of narcotic drugs under the guise of providing emergency medical care; the illegal sale by employees of private pharmacies of intoxicants and other controlled drugs without a prescription. In 2004, 721 crimes of this type were registered, in 2003 - 161. 4. Illegal distribution of drug-containing drugs under the guise of a legal entity (pharmacy). In this case, medicines are purchased under counterfeit licenses and articles of incorporation from legally operating pharmaceutical companies and then sold to wholesale distributors. The illicit circulation of precursors is no less a public danger, since without their use the process of drug production is technologically impossible. For example, opium is first processed into acetylated opium using a precursor (acetic anhydride) and only then consumed by intravenous injection. And if in 2004 opium accounted for 3,4% of the total illicit trafficking in intoxicants, the amount of this drug consumed indirectly indicates the required amount of precursors that ensure its use. At the same time, the own volume of seized precursors amounted to 802 kg. In a similar way, poppy straw, unsuitable for direct consumption, is used, from which alkaloids are extracted into a solution with the help of a precursor (acetic anhydride) or other chemical solvents, followed by their intravenous injection. The approximate amount of precursors spent on the processing of poppy straw should be calculated based on the volume of the narcotic drug itself, the share of which, according to the Russian Ministry of Internal Affairs for 2004, in the total structure of all seized intoxicating substances was 14,4% (or 4665,9 kg) . Thus, the indirect consumption of precursors due to their inclusion in the molecule of a narcotic drug indicates the same degree of public danger of their illicit trafficking for public health as the final product. 18.3. Criminological characteristics of the personality of a criminal acting in the field of drug trafficking In 2004, 68 people were prosecuted for crimes related to drug trafficking, 852% of which were persons aged 54,1 to 18 years (29), none of them under the age of 37 years. The degree of feminization of these crimes is 16,4% (or 11 people), although it can increase sharply in a number of areas of criminal activity. For example, in the healthcare sector, the predominance of female staff is noticeable. According to the Central Internal Affairs Directorate of the Saratov Region, in 261, of all those investigated under Art. 1997 of the Criminal Code of criminal cases against medical workers, 234% of them were women. The number of users of intoxicating substances brought to justice amounted to 134 people, which is 937% more than the same indicator of the previous year. In the general structure of consumers of intoxicating substances, the largest share falls on consumers of opium - 15%, hemp derivatives - 40,6%, heroin - 32,1%. According to the Russian Ministry of Internal Affairs, as of August 2005, approximately 8 million people in the country regularly take drugs, 70% of whom are aged 18 to 30 years. At the same time, only 2002 people were registered with the institutions of the Ministry of Health in 494. An increase in the consumption of intoxicating substances inevitably determines the growth of other common crimes, especially those of a mercenary nature. In 1998, users of intoxicating substances committed 24,3% of property crimes completed by investigation. At the same time, out of the total number of those who committed crimes in 2004, more than 5 thousand people (0,5%) were in a state of drug intoxication. Illicit trafficking in intoxicating substances is provided by the criminal activities of the following groups of its participants. 1. Small-scale distributors of intoxicating substances. Crimes are committed by them, as a rule, in places of satisfaction of consumer demand or traditionally associated with the sale of substances prohibited for circulation. Marketing includes providing the consumer with a choice of ready-to-use substances, as well as associated chemical components, including precursors, used in the drug manufacturing process. 2. Suppliers of intoxicating substances purchased abroad. The offender, as a rule, has only the necessary skills and abilities for the covert delivery of drugs from the territories of countries with a liberal regime for the circulation of drugs (China, India, etc.), which have a developed technological base for the clandestine production of synthetic intoxicants (for example, "ecstasy" in Holland ), or their traditional growth (Afghanistan and the territories of neighboring states). 3. Distributors of the precursor - acetic anhydride. These groups are not characterized by passing trade in drugs or strong drugs. 4. "Clonidine", or persons who use the potent substance "Clonidine" to put their victims to sleep, followed by the theft of their property. Crimes of this kind are committed with the participation of persons who are able to win over potential victims, for example, young attractive women. Stations, hotels or crowded public places are chosen as crime scenes, excluding the subsequent possibility of establishing the circle of persons involved in the crime. The factor of nationality does not play a decisive role and only slightly influences the choice of the object of criminal influence. The level of illegal circulation of this substance is determined, on the one hand, by the mercenary motives of the dealer, who receives an insignificant material benefit due to the difference between the purchase price and the sale price of clonidine, and on the other hand, by the mercenary aspirations of the purchaser of the substance, aimed at the subsequent taking over of someone else's property as a result of exposure to the acquired substance on the body of the owner or other owner of the property. 5. Organized groups for the sale of potent drugs under the guise of a commercial activity of a legal entity. Here it is necessary to distinguish between the involvement of substances using the organizational and legal form of a legal entity and the performance of official duties of an individual within the framework of the commercial activities of the legal entity itself. In the first case, the state registration of a legal entity is carried out without the intention to carry out activities determined by the constituent documents, but is aimed at giving legality to socially dangerous acts. In the second case, a legal entity (a pharmaceutical company, a private pharmacy, a medical state institution with the rights of a legal entity) is engaged in its statutory activities, however, persons to whom potent medicinal substances are entrusted in connection with the performance of official duties (pharmacist, doctor), or persons with the right their disposal (the owner of the pharmacy or the executive director), carry out their illegal sale. Another feature of the crimes committed by this group of participants in drug trafficking is the volume of substances involved in illicit trafficking. If in the first case the bill goes to hundreds of thousands of dosage forms, then in the second case the volumes are insignificant, which is determined by the scope of acceptable losses or the logic of the prescribed "treatment". It has its own characteristics and range of potential consumers of potent substances. So, in the first case, criminal activity is focused on an indefinitely wide circle of people; in addition, large volumes of substances sold imply the presence of a lower level of small-scale distributors who create their own network of retailers of potent substances. In the second case, a personal relationship is established between the distributor and the consumer, due to the retention of the position and the desire to receive an illegal, stable income. In addition, in the first case, organized activity can be carried out by criminals with a high level of professional training, which allows them to navigate the structure of licensing and permitting authorities, conduct commercial negotiations and conclude contracts, be a participant in settlement and credit relations and resolve other issues of economic activity of a legal entity, when competence acts as a security guarantee. In the second case, the educational and intellectual level is largely determined by the required qualities of the position held, although, in combination with characterological features, they can affect the species diversity of the acts performed. 18.4. Factor complex of crime in the field of drug trafficking Involvement in the consumption of intoxicating substances is largely a psychosocial problem that arises as a result of resolving interpersonal conflicts with insufficient social adaptation of the individual, and in some cases, his biopsychological predisposition. The reasons are in the sphere of consciousness, “for all the motivating forces that cause a person’s action must inevitably pass through his head, must turn into an impulse of his will.” [12] The consumption of intoxicating substances is considered by a part of the population as an effective way of avoiding problems; it is a reaction to the inability of self-realization in the existing socio-economic relations, as well as to the low level of social protection and support from institutional structures. At the same time, drugs, due to their exceptional ability to change the mental functions of a person, are most "suitable" for achieving the required subjective state. Among the conditions conducive to anesthesia with psychoactive substances and its spread, it is necessary to highlight the following. 1. Uncontrolled demonstration of scenes in films and video films, publication of printed materials, in which the use of intoxicating substances is considered as a natural attribute of youth culture, an integral part of leisure, relations between the sexes. 2. Widespread advertising of drugs containing drugs and potent substances as components. For example, the composition of the drug "bellataminal" includes a potent substance phenobarbital, and the composition of the drugs "pentalgin" and the widely advertised "solpadein" includes the narcotic drug codeine. The transformation of the main purpose of a drug as a cure for various diseases into a consumer product often determines their choice not according to strictly individual medical prescriptions, but in accordance with the preferences of consumer taste, formed by the distribution of promotional materials for drug-containing drugs. The emergence of drug dependence on the use of drugs imposed by advertising may be the reason for the transition to the use of other intoxicating substances of the narcotic series. For example, comparing the effect of a narcotic drug (which determines its potent effect) with a similar, but less effective drug that does not contain drugs, often determines the transition to taking narcotic drugs. According to research results, in 6,9% of cases the cause of drug addiction was the initial consumption of potent substances, while among the motives for switching to drug use in 49% of cases was curiosity, and in 30,3% - the lack of the expected effect. [13] 3. Presence of centers of state instability (Northern Caucasus), ethnic and interstate conflicts in regions with traditional drug production (Afghanistan, Central Asia) and, as a result, weak control over drug trafficking. At the same time, many non-governmental organizations, as part of the provision of humanitarian assistance to the affected population, often carry out the supply of internationally controlled substances. 4. The general growth of consumer opportunities of the population, which favorably affects the drug market, the growth of profitability per unit of goods and, accordingly, its attractiveness as an object of expansion by transnational criminal communities. The high profitability of drug deals is viewed by a part of the population as an effective means of obtaining the desired material benefits with minimal physical and intellectual effort, especially in the context of imposed values and norms that justify any way to achieve material well-being. The acquisition of mental and physical dependence as a result of non-medical drug use is characterized by an increase in the frequency of their use and quantity, as well as the material resources required for this. Constant financial dependence often forces a drug addict (drug addict) to deliberately involve other people who do not have a criminal experience in acquiring drugs as consumers in order to act as an intermediary with an illegal seller at their expense. According to a number of authors, one drug addict, if he is not isolated from society, can contribute to the disease of 10-17 people, which leads to an expansion of the social base of the drug business and, as a result, to an increase in the amount of drugs consumed. It should also be taken into account that the beginning of drug use, as a rule, is associated with collective leisure, and in 22,5% of cases it took place together, and in 63,8% of cases - in a company of three or more people. 5. The low effectiveness of criminal law provisions providing for liability for the legalization of drug proceeds, the absence of confiscation of property obtained as a result of committed crimes in relation to intoxicating substances as a form of punishment. In addition, if the illegal possession of drugs is considered from the position of a completed crime and entails a punishment associated with imprisonment, then similar actions with potent substances or precursors are not subject to criminal liability. The inconsistency in the regimes of criminal law control of different types of substances intended for intoxication obviously means the actual legalization of illegal manufacture, processing, purchase, storage, transportation or shipment of potent substances for personal consumption. Removal of illicit trafficking in potent substances and precursors from criminal and administrative control is, in fact, the elimination of all barriers to the emergence and spread of substance abuse among users of intoxicating substances. 18.5. Measures to prevent drug trafficking According to the level of preventive impact, it is customary to single out general and special preventive measures. In the first case, a positive direction in the development of society and all its institutions objectively contributes to social improvement and reduces the risk of resolving internal and interpersonal conflicts through the illegal use of drugs or stopping their further use. Among the specific measures of general prevention, the following areas of state efforts can be distinguished: ▪ implementation of socially oriented economic reforms to eliminate poverty and domestic instability; ▪ formation of moral standards for achieving spiritual comfort, ensuring real accessibility of scientific and cultural values; ▪ promotion and support of a healthy lifestyle, fostering a stable aversion to the use of psychostimulants in any life situations; ▪ establishment of strict border control over incoming and transit cargo, as well as migration flows. Special preventive measures are aimed at limiting the illegal circulation of intoxicating substances and the resulting spread of drug addiction and substance abuse. This group includes the following activities: ▪ international cooperation and joint efforts to protect state borders, conduct joint special operations to destroy drug crops, unify legislation in the field of combating drug crime; ▪ establishment of criminal liability for illegal actions with precursors, potent and toxic substances committed by a common entity without the purpose of sale; restoration of such type of criminal punishment as confiscation of property; extending the rules of criminal liability for the legalization (laundering) of funds or other property acquired by other persons by criminal means to cases of failure to provide documentary evidence of the legal origin of the property; ▪ development of measures for effective treatment and rehabilitation of patients with drug addiction and substance abuse. Rehabilitation of drug addicts is still carried out in the absence of unified programs and approaches to their implementation developed and approved by the state, as well as generalized criteria for assessing their effectiveness; ▪ improving measures to limit illicit trafficking, including substances that are indifferent to criminal law, taking into account the likelihood of replacing the non-medical consumption of some substances, caused by their inaccessibility, with others, for example, alcohol and products based on it; ▪ exercising control over the legal circulation of substances in the professional sports industry. According to the All-Russian Research Institute of Physical Education and Sports, from 10-12% to 38% of young people involved in mass sports consume so-called anabolics (stimulants comparable in effect to drugs); ▪ prohibition of advertising and free sale of medicines containing narcotic and psychotropic substances as components; ▪ development of a set of legislative measures providing for compulsory treatment of drug addicts and substance abusers. Thus, the use of the whole range of measures of economic, socio-cultural, legal, moral and organizational impact is the main condition for the permissible restriction of the illegal circulation of intoxicating substances. Topic 19. International cooperation in the fight against crime Crime in the modern scientific view is a complex social phenomenon with signs of systemicity, which is the result of the interaction of many negative economic, social, psychological, legal and other factors. The qualitative and quantitative characteristics of crime reveal its state, structure and dynamics, allow us to judge its size, the degree of criminalization of society, serve as the basis for developing a strategy and tactics for preventing crime, choosing means and methods to combat it. The level and growth rate of crime, especially its most dangerous types, can serve as indicators of the sustainability of the development of the state and society. The complexity of the fight against crime is determined by a number of circumstances. First of all, this is due to the fact that its causes are both national and regional and international. Therefore, the development of strategic directions for combating such a negative phenomenon as crime should be based primarily on an analysis of the causes of an internal nature. At the same time, it is impossible not to take into account the reasons of the regional and international level. At the national level, the state of crime, its dynamics is influenced by a number of factors that characterize the socio-economic, political, spiritual development of the state and society (including the state of the moral and cultural, legal spheres, etc.). In turn, crime, the nature and degree of criminalization and victimization of society have a serious impact on its sustainable development, including in these areas. Therefore, the sustainable development strategy involves the development of a set of measures aimed at ensuring comprehensive control over crime in order to minimize the degree of its negative impact on the development of the state and society in the new socio-economic conditions. As recognized by the international community, crime is increasingly becoming transnational. This applies primarily to such types of it as economic and organized crime, legalization of criminal proceeds, drug trafficking, illegal circulation of weapons and a number of others. In order to coordinate the efforts of states, the international community has developed standards and norms, both universal (at the UN level) and regional (at the level of the Council of Europe). In addition, within the framework of the UN, treaties have been developed and concluded to combat international crimes (military, apartheid, genocide, etc.). These documents are of great importance for the development and implementation of the sustainable development strategy of the Russian Federation. Therefore, on the one hand, they should be the subject of consideration by the relevant branches of government in terms of developing attitudes towards them (by ratification, accession), and on the other hand, the relevant provisions of these documents should be taken into account in national legislation, developed concepts and crime prevention programs. At the international level, it is necessary to intensify the activities of the state and its bodies in the field of combating crime, including the need to resolve such issues as: ▪ accession to the main international treaties in the field of crime control and criminal justice; ▪ inclusion of the main provisions of international treaties into current national legislation; ▪ implementation of close cooperation with relevant UN structures in the field of combating crime (ECOSOC, UN Development Program, UN Crime Prevention and Criminal Justice Program, UN International Drug Control Program, UN research institutes for crime prevention, etc.), intergovernmental and non-governmental organizations, bringing information about such cooperation to the general public; ▪ ensuring active cooperation in the field of combating crime and some of its most dangerous types at the interdepartmental level; ▪ ensuring solutions to issues of technical cooperation, especially in the information sphere and in the field of information technologies used in the fight against crime; ▪ more active involvement of experts from the UN and the Council of Europe to develop specific programs to combat crime and its individual types (in particular, to develop a model of the penitentiary system, as well as a system for executing other punishments not related to the isolation of the criminal from society, and programs for the resocialization of such persons ); ▪ organizational and financial support for the implementation of the Interstate Program of Joint Measures to Combat Organized Crime and other types of dangerous crimes on the territory of the member states of the Commonwealth of Independent States. In recent years, in connection with the acceleration of integration processes in the world, the mutual simplification of the procedure for entry and exit, international cooperation in the fight against crime has significantly intensified. The deepening of international cooperation in this area is also explained by the fact that the problem of international crime is becoming more and more global. An increase in crime is observed in almost all developed countries. There is a process of internationalization of crime, when the number of criminal manifestations of an international nature (for example, the commission of crimes on the territory of other states, the transfer of proceeds from crime abroad) increases. Danger for the international community is also illicit trafficking in drugs, cultural property, weapons, radioactive materials, illegal migration of people. According to available information, out of 3 criminal groups operating on the territory of the Russian Federation, every tenth has links with the foreign criminal environment. The fight against such types of crimes can be effective only with the unity of actions of the law enforcement agencies of most states, the development of a common legal mechanism that allows real implementation of the principles of international cooperation in combating crime, maintaining law and order, protecting the rights and legitimate interests of citizens. These problems are especially important for Russia in its relations with other states that were formerly part of the Soviet Union. The rupture of the single legal space that existed on the territory of the former USSR had an extremely negative impact on the effectiveness of the actions of law enforcement agencies. Thus, criminals who have committed crimes on the territory of the former Soviet republics, using the "transparency" of borders, are hiding from justice on the territory of another member state of the Commonwealth, while law enforcement officers, guided by the principles of respect for state sovereignty and independence of the CIS countries, in relations with their colleagues act on the basis of the principles of international law, comply with the established norms and rules on the territory of another state. Under these conditions, the Ministry of Internal Affairs of Russia is taking vigorous steps to strengthen the coordination and interaction of the internal affairs bodies of the sovereign republics. Even before the collapse of the USSR, cooperation agreements were concluded with the Ministry of Internal Affairs of Belarus (1990), Armenia and Moldova (1991). In 1992, agreements were signed with the Ministry of Internal Affairs of Ukraine, the Kyrgyz Republic, Turkmenistan, in 1993 - with the Ministry of Internal Affairs of Kazakhstan. A new advisory body has been established - the Conference of the Ministers of the Interior of Independent States, in which the heads of the internal affairs bodies of almost all the republics that were part of the USSR take part. It was at such Meetings that multilateral, fundamentally important documents were adopted: agreements on cooperation between the ministries of internal affairs of independent states in the fight against crime, on cooperation in the field of providing material and technical means and special equipment, on the exchange of information, on cooperation in the fight against illicit drug trafficking. drugs and psychotropic substances. The most important step towards the creation of a common legal space was the signing on January 22, 1993 in Minsk by the heads of the CIS member states of the Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters. Today, the signed documents need to be filled with specific practical content, to ensure the efficient operation of the established legal mechanisms. Some problems need to be addressed at the intergovernmental level. For example, a joint program to combat organized crime is currently being developed. It will be approved by the Council of Heads of Government of the Commonwealth countries. The meeting of interior ministers will consider the procedure for transporting firearms, escorting and transporting detainees and convicts, etc. The international cooperation of the Russian law enforcement agencies with partners from far abroad in the main areas is developing. These include: ▪ contractual and legal sphere; ▪ fight against organized, including economic, crime, drug trafficking, smuggling and counterfeiting; ▪ personnel training and cooperation in the scientific and technical field. Particular attention is paid to expanding the legal framework that provides opportunities for real cooperation with the police authorities of foreign countries on specific issues. New cooperation agreements with the Interior Ministry of Germany, Hungary, Austria, France, and Cyprus were added to the already existing and not bad, I must say, "working" agreements. The Ministry of Internal Affairs of Russia signed agreements with the relevant departments of Poland, Romania, Turkey, China, and Mongolia. In general, the Ministry of Internal Affairs of Russia currently has 12 bilateral agreements on cooperation with the police authorities of foreign states. Agreements with India and northern countries are also in the process of development. Currently, a lot has already been done to integrate Russia into the global process of fighting crime. The Interpol National Bureau is actively working, which promptly exchanges information with more than 80 states. There are many examples of the high effectiveness of international cooperation in conducting operational investigative and other activities. At the same time, today there are many gaps in the activities of both Russian law enforcement agencies and our partners abroad. In particular, there is no efficiency in providing the necessary information, which often does not allow preventing the commission of crimes. The intensification of Russia's international cooperation in the law enforcement sphere will require the adoption of some new laws in the future (for example, on the provision of legal assistance, extradition, transfer of convicts, continuation of an investigation initiated on the territory of another state). Notes
Authors: Vasilchikova N.V., Kukharuk V.V.
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