The dissertation is one of the first criminological researches in Ukraine devoted to the analysis of the state of crime of foreigners and stateless persons and the development of measures of general social, special-criminological and individual prevention of it.
The general characteristic of modern immigration processes taking place on the territory of Ukraine is given. On the basis of the empirical study the criminological characteristics of foreigners’ and stateless persons’ crime was carried out. Its level, structure, topography, geography, «price», dynamics and other indexes have been determined. The general characteristics of the latency of foreigners’ and stateless persons’ crime is given, the definition of the latent crime of these persons is offered. It is also determined that their crimes are characterized by minimal level of latency (up to 50% of the number of registered acts).
The identities of a foreign criminal and a stateless criminal have been characterized by socio-demographic, criminal, moral, psychological and physical features. The generalization of these features allowed to create the criminological portrait of such criminals. It was established, that this is a person of the male, middle age (as usual, belongs to the age groups of 22 to 35 years old and from 41 to 50 years old), has secondary education, is not married and without dependents, easily adapts to the Ukrainian society, because he does not have a language barrier, does not work or lives at the expense of temporary earnings, aye registered in our country residence, commits an intentional crime with pre-considered intention, guided by selfish motives, has no criminal record, criminal activity lasts for a short period (one episode). It was emphasized that the study of the moral and psychological characteristics of such criminals is methodologically difficult due to their diversity. The allegation of the existence of a connection between the nationality of a criminal and a crime committed by him has not been confirmed.
It is proved that using the method of typology for foreign criminals and stateless criminals is not appropriate, but they can be classified according to the chosen criterion. The processes of international migration are considered as a background for crime phenomenon.
It is noted that the determinants of crime of foreigners and stateless persons operate on several levels. In Ukraine, such levels are: factors that caused the fact of the person’s movement across the state border and the actual causal complex of their crime in our country, which characterizes the interaction at the general level of two specific life situations: the first, connected with the arrival of a person in another state, and the second – the influence of the crime situation in Ukraine, in which it directly falls.
It was revealed that on the individual level, the reasons for committing crimes by foreigners and stateless persons are: the difficulties of their social adaptation, low level of legal consciousness and legal culture.
It is established that individuals are victims of crimes against foreigners / stateless persons more often, than legal entities. The second ones become victims however in 9,3 % cases. The general portrait of a victim of crimes of these categories of persons has been described: it is an individual, aged from 20 to 49, a male, a citizen of Ukraine, a Ukrainian, has higher than a criminal, level of education, works for official employment, often at the time during committing a crime against him is in a state of alcohol or narcotic intoxication, usually, is not previously familiar with the offender, but it is relatively easy to tune in to new casual acquaintances, has a tendency to initiate quarrels, fights, etc. Crimes committed by foreigners / stateless persons characterized by latent victimization of natural and artificial character.
The list of victimological threats connected with international migration is expanded, with the division into two groups: threats from migration processes for the host society and threats to the migrants themselves (both legal and illegal). Accordingly, they include: 1) the victimological threats of the first group: the threats coming from criminal migrants (i.e. immigrants, the reason for the arrival of which was precisely criminal migration); - illegal migration as a factor contributing to the internationalization of organized crime; - promotion of the increase of the level of organized crime through the criminal activities of organized groups and criminal organizations created on an the ethnic basis, etc.; 2) victimological threats of the second group: committing crimes of different character from the part of compatriots and the possibility of becoming victims of crimes committed by representatives of different nationalities (which are immigrants) on the basis of interethnic, racial or religious hatred and hostility.
It has been determined that the general social prevention of crime of suc
