Martynenko O. Crimes among Internal Affairs personnel in Ukraine: its determination and prevention.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0507U000626

Applicant for

Specialization

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

26-10-2007

Specialized Academic Board

Д 64.086.01

Yaroslav Mudryi National law university

Essay

The comprehensive theoretical-criminological analysis of modern status of the factors, which stipulate crime commitment by personnel of Internal Affairs Agencies of Ukraine, is presented. The detailed analysis of these factors level (general social, group and individual) and contest (economical, political, organizational-management, legal and socio-psychological) is made. Methodologically the research is based on hermeneutic foundations, which combine concepts of social determinism, historicism, principles of systemic and dialectic approaches. The complex criminological characteristics of crime, committed by personnel of Law Enforcement Agencies, is given, the analysis of such crimes is made on the basis of regional, social-demographical features. Realistic scale of crimes perpetration "price" is calculated; characteristic features of crime perpetration situations are defined. The process of quantitative changes transformations in index of law observance by officials of law enforcement agencies into qualitatively new forms of criminal activity, such as illegal activity covering, extortion, participation in smuggling and illegal drags trafficking etc. For the first time the criminological analysis of such facts as tortures and cruel treatment by officials of law enforcement agencies towards other persons is made. Criminological characteristics of personalities (Internal Affairs personnel) condemned is developed with further division according to corpus delicti of committed crimes. Main distinctions of officials-offenders motivational sphere are investigated. Relaying on national and international experience a new system of illegal conduct preventive measures among personnel of Law Enforcement Agencies is developed. Recommendations for improvement of theoretical-law foundations and practical activity of Ministry of Internal Affairs of Ukraine, as one of the social institutions, are formulated. The idea which concerns transformation of law enforcement agencies in Ukraine from traditionally-imperative power into servicing model and reorganization of Ukrainian "militia" into police as an executive agency of European type got its development.

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