Pavlyshyn K. Prevention of theft committed by minors

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U002639

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

01-06-2018

Specialized Academic Board

К 64.502.01

Аcademician Stashis Scientific Research Institute for the Study of Crime Problems

Essay

The dissertation is the first in Ukraine comprehensive criminal investigation of thefts committed by minors, which developed recommendations for preventing them. The definition of juvenile delinquency was defined, the place of thefts in the whole structure of crime (more than 60%) was determined and the main dangerous tendencies of juvenile delinquency were identified. To the criminological description of thefts committed by minors, it is proposed to include such quantitative indicators as the level of crime and convictions, crime rates, the price of crime, and such qualitative indicators as structure, geography, ecology and topography of crime, as well as such quantitative and qualitative indicators of crime, as the state, dynamics and nature of crime. According to the results of the consideration of socio-demographic, criminal, moral and psychological characteristics, a generalized portrait of a juvenile croft has been created. A typology of juvenile thieves is conducted on the criterion of the psychological relation of a teenager to a crime: a criminal - an adventurer (42%); offender (34%); criminal - frivolous dreamer (18%); the criminal is a good man (6%), but the existence of other types of juvenile thefts, which combine signs of several specified typological groups. Examples from practice were demonstrated. The factors of criminogenic determinants of thefts committed by minors are proposed, divided into: socio-economic and socio-political; moral and psychological; organizational and managerial; cultural and educational, which are concrete and detailed in the dissertation. It is proved that the main determinants of theft committed by minors are: low material and spiritual standard of living for the overwhelming majority of the population; difficulties in mastering the profession and placement of adolescents; absence of a well-established system of cultural leisure; desocialization of a person in the process of negative family upbringing; criminogenic influence on adolescents of informal juvenile groups; involvement of adults with criminal experience of juveniles in criminal groups, etc. The dissertation describes the content of the main criminologically significant victimological characteristics of the victims of thefts committed by minors. Among the general social measures to prevent thefts committed by minors, the priority is: overcoming unemployment or low level of material provision of the family, forced migration of the population, alcohol abuse and drug abuse of minors. Special-criminological preventive measures include: strengthening the protection of public order; reforming the criminal justice system; improvement of activity of educational institutions; professional, consistent work on correction of deviations in the behavior of minors; overcoming students' failure, etc. The detailed description was given them. Measures of individual prevention of theft of minors are grouped into: measures of persuasion, coercion, social assistance, reorientation of the person, etc. Each group was studied in detail and it is stated that only the complex application of these measures by all state authorities, officials and directly by citizens will be a guarantee of the effectiveness of individual preventive activities, protect from theft of minors and reduce the potential of adult mercenary crime. In the framework of victimological prevention of thefts committed by minors, the creation of rehabilitation centers for psychological and legal assistance to persons who suffered as a result of causing them property and moral damage to the theft committed by minors was proposed; provision of «Feedback» communication between law enforcement authorities and the population; making changes to the legislation of Ukraine in terms of insurance of property of citizens, etc. The position on the necessity of adopting the Law of Ukraine «On Mediation (intermediary) in Criminal Matters» was supported, and the extension of the objects of accounting and statistical reporting by the prosecutor's offices concerning crimes committed by minors, including thefts, it was proposed to add the data collected by them, information on victimological indicators: a detailed description of the person who is the victim of the theft of minors, his behavior with a juvenile offender before, during and after the of the crime committed. Particular attention is paid to the development of recommendations for the prevention of thefts committed by minors, in which the ways and means of preventing them from the general social, special-criminological, victimological and individual levels, taking into account the resource capabilities of the state, are identified. The expediency of implementation of preventive practices in Ukraine in the prevention of juvenile delinquency in the leading countries of the world (USA, Great Britain, Germany, etc.) has been considered.

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