Bocharova K. Prevention of crimes connected with vandalism.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U003556

Applicant for

Specialization

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

17-10-2018

Specialized Academic Board

Д 64.086.01

Essay

The dissertation is devoted to the complex scientific research of vandalism, its criminal-legal forms, as well as the development of a complex of measures for the prevention of crimes connected with it. The author's definition of vandalism is developed in the work, its characteristic features and types are determined depending on the purpose of vandal’s attack, crimes which may contain the features of vandalism are determined. During the criminological analysis of crimes connected with vandalism difficulties in determining the quantitative indicators were cropped out because non-criminalization of the investigated phenomenon and the non- reflection of these manifestations in accounting documents become an obstacle to the implementation of the complex criminological characteristics of the set of crimes. In determining the criminal legal manifestations of vandalism it has been found out that the construction of some components of crimes encompasses the features of the phenomenon under investigation, while in the rest, it is necessary to establish the presence of these features both during the pre-trial and trial investigation. It is proved that according to the criminal law point of view vandalism is a purpose and must be included into circumstances that aggravate punishment. The above is important for the criminal law qualification of acts involving signs of vandalism. As a result such unlawful actions can be included into official statistical reports to analyze their dynamics, as well as into a range of criminological problems that require careful study, analysis of the causes and conditions for its dissemination, on the basis of which to improve the existing and develop new measures to prevent the crimes of vandalism. Due to the detail research of foreign legislation it has been established that vandalism and crimes connected with it are relatively stable and the criminal responsibility for encroachments on public relations which is protected by criminal law was defined in the past century. Also while studying the theoretical and practical proposals to improve preventive activities aimed at reducing the number of manifestations of vandalism in foreign countries, a system of measures for general social and special- criminological prevention of vandalism-related crimes has been developed. The definition of the determination complex of modern vandalism is given, phenomena and processes that influence on its distribution in the objective reality are revealed. On the basis of generalization of empirical data, a criminological analysis of crimes connected with vandalism is made. With the help of the structural- functional method, the criminogenic features of the persons who commit such crimes are determined, while using the methods of classification and grouping, the typology of these individuals has been developed. The reasons and conditions for the spread of the investigated acts are highlighted. The international and foreign experience of the prevention of vandalism and possibilities of its use in domestic preventive activity is considered. It was formed a series of measures of general social and special- criminological prevention of crimes connected with vandalism. The subjects who can carry out preventive work on the specified crimes are analyzed. In general, the dissertation solves the scientific task of developing measures to prevent crimes connected with vandalism, as well as thoroughly and comprehensively reveals the essence of modern vandalism as a manifestation of aggressive unlawful behavior and formulates a number of author’s scientific propositions.

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