Dzhuzha A. Theoretical and practical principles of victimological crime prevention in Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0518U000421

Applicant for

Specialization

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

31-03-2018

Specialized Academic Board

Д 64.700.03

Kharkiv National University of Internal Affairs

Essay

Dissertation presents comprehensive research of victimological crime prevention in Ukraine. For the first time the scientific problem of developing a holistic doctrinal approach to the formation of the concept of victimological crime prevention has been posed and solved. This provided an opportunity to substantiate the proposals aimed at preventing crimes, improving the legislation on protection of crime victims and the practice of its application by law enforcement agencies of Ukraine. From the scientific point of view, a retrospective analysis of victimological crime prevention measures has been made, which has made it possible to distinguish stages of crime victims assistance development caused both by the nature of socio-political processes in different historical periods, by cultural and religious peculiarities of individual states, and by objective laws of crime prevention. It has been proved that the development of a new criminological doctrine – crime prevention victimological measures, due to the need to improve preventive activities, increase the level of crime investigation efficiency, as well as the development of state policy in the field of crime victims protection. The conceptual vision of victimological crime prevention as a system of interconnected, organizationally secured state, social and individual measures aimed to the reduce individual, group and mass victimization by eliminating negative victimal qualities, activating protective possibilities of potential crime victims, ensuring their safety and re-socialization, and victimological measures to prevent the activity of state, public bodies and organizations, individual citizens and their associations, directed against victimization as result of criminal offenses and to sustain it for victim-safe level through a set of measures for eliminating or counteracting provocative behavior. The victimological levels (directions) of crime prevention are developed, those are: the general social level, which includes the solution of socio-economic and cultural-educational tasks aimed at eliminating or neutralizing the causes and conditions conducive to the criminal victimization of society, and reducing the degree of victimization; a special level is the implementation of such special measures complex for the prevention of crimes or specific types of crimes by identifying individuals and groups of risk with an increased degree of victimization, and relevant impact in order to restore or enhance their protective properties and further elimination of victimization; prevention, elimination or neutralization (in conjunction with other subjects of this activity) of the determination complex of victimization; participation in the development or improvement of the existing special types, forms and methods of improving the protective and preventive capabilities of potential crime victims in the daily practice; individual level – individual preventive work with persons prone to become victims, due to their behavior or a set of personal characteristics, aimed at increasing the activity of their protective reactions, as well as ensuring their personal security and security of assets. The victimological characteristic of the crime commission mechanism, which includes victimization, its process and result provided; victimological situation and its components; the victim’s behavior in the mechanism of the crime and the process of interaction with the offender in a criminal situation. The level of victimization is highlighted: the first consists of information on the personality of crime victims found during the investigation of criminal proceedings or about latent victims, ascertained as a result of victimological surveys, and the damage caused to them; the second includes data on the members of the family of victim indirectly affected by crimes committed against their relatives; the third contains social groups (working collectives, friends, acquaintances, neighbors, etc.), which, as a result of indirect damage caused by the crime; fourth (social) implies the existence of the negative consequences of a crime for the whole region or society as a whole; the fifth is manifested in cases where so-called international crimes are committed, crimes against humanity (genocide, the criminal destruction of civilians during the war).

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