Muranenko K. Legal-psychological grounds of prevention of administrative offenses committed by minors

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0420U102432

Applicant for

Specialization

  • 19.00.06 - Юридична психологія

04-12-2020

Specialized Academic Board

Д 26.007.01

National Academy of Internal Affairs

Essay

The dissertation is devoted to the elucidation of legal and psychological principles of prevention of administrative offenses committed by minors. In particular, the author provides a scientific justification for the need for a differentiated approach to determining the psychological age of the child in the context of its legal capacity, as in itself the achievement of a certain age does not determine its ability to properly assess the social significance and meaning of the act and fully control their actions. This is especially true for adolescents who belong to the category of pedagogically and socially neglected, have mental retardation, whose behavior is characterized by reduced motivation, specific emotional perception of events, the sudden onset of illegal intent. The incorrect identification of the concepts of «offense» and «misdemeanor» is proved, because in essence these types of antisocial behavior are heterogeneous, and the consequences are characterized by varying degrees of social danger. Offenses are socially dangerous acts and socially harmful acts for which liability arises in the manner prescribed by law; misdemeanor is an antisocial, morally disapproving act (act of action), which is condemned by others, but does not fall under the need for legal sanctions (swearing, fighting; defiant or aggressive behavior of minors at school, on the street, in other public places, bordering on hooliganism; brutal treatment of teachers and classmates; avoidance of study or work; begging, cruelty to people and animals, running away from home, gambling, etc.).

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