Lytvak O. State Control over Crime.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0502U000054

Applicant for

Specialization

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

09-02-2002

Specialized Academic Board

Д.64.086.01

Essay

3. The presented paper studies different ways of influence of public power on the situation and dynamics of criminality. The State carries out its historic mission to protect law and order and to control crime by using legislation, in particular, criminal law, by punishing criminals and by special criminological crime prevention. Besides that, the public power and laws that it creates have a crime-engendering influence on the society. The task of the civil society lies in carrying out control, so the criminal influence of the state should stay in the framework of law. Public control over criminality is being considered as a variety of social controls. Another aspect is non-public social control. Harmonious relations between them are a prerequisite for keeping criminality on a relatively low level. When public control dominates in the state, there emerges a danger of the so-called non-criminalised criminality of the political elite. The paper has analyzed a number of legal, social and psychological pro blems of criminal legislation. It proposes ways of strengthening its educational and deterring influence on population. It points out at some shortcomings of the current and drafted Criminal Codes of kraine, in particular, at the chaotic state of sanctions that emerged as a result of periodic fluctuations of the former Soviet criminal policy and the traditional neglect of social and psychological methods to determine criminal and law sanctions. The problem of applying criminal law standards is being considered on a criminological plane. The writer concludes that raising the effectiveness of the criminal justice is only possible through promoting principles of justice, protection of victims' rights and rational interpreting of the principle of inevitable punishment. The strategy of the anticriminal opposition, in the writer's opinion, should be determined taking into account the priority of protecting citizens and society against aggressive encroachments, including terrorist ones. Organizing accomplices has at all times been a traditional method of any intentional activity of economic, general criminal, selfish or destructive nature. It cannot serve as grounds for distinguishing a particular category of organized crime. The author puts forward a program aiming to reform the system of government agencies specifically established to combat organized crime and corruption and based on the commitment to restore the sectoral differentiation of special services combating organized crime and the establishment of a single centralized investigation agency. Corruption is a phenomenon which is closely related to economic crime and which has infiltrated all the parts of government, including criminal justice bodies. In this respect, the author offers his vision of personnel and legal education issues.

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