The dissertation is devoted to the complex research of criminological principles of cross-border crime counteracting. The scientific problem associated with overcoming the fragmentary approach to scientific explanation of the phenomenology of cross-border crime counteracting and developing modern conceptual approaches to cross-border crime counteracting has been solved.
Cross-border crime has been explored as an open social system that mediates the destructive phenomenon, which in its manifestation i.e. the statistical aggregate of crimes committed within certain time and territorial boundaries, is relatively massive and historically variable and which parameters characterize the level of dynamic equilibrium of social institutions and personal activity in cross-border relations.
It has been found out that the state border is an objective factor of direct influence upon the positive forms of cross-border relations (cross-border cooperation) and upon their negative form (cross-border crime). The influence of the border upon cross-border relations is realized through the implementation of dual functions of the border (barrier and contact capabilities).
An information model of cross-border crime that includes quantitative and qualitative indicators of cross-border crime in Ukraine, the level of its latency, including its organized forms, the justification of its “price” has been developed. It has been suggested to consider the polymorphism of cross-border crime as the development of forms of crime, the diversity of its manifestations within the same type (kind, class) of crime, which is caused by different combinations of its determinants and consists in the presence of heterogeneous crimes by different classification criteria of crimes that are united by the dominant system-forming feature.
It has been found out that the etiology of cross-border crime in the context of the discourse of globalization and glocalization is associated with the distinguishing of such conceptual characteristics of cross-border crime determination in accordance with basic criminogenic possibilities in adjacent countries, as the presence of borders, contrast between countries in economic indicators (tax rates, different prices, various opportunities for employment), indicators of socio-dynamics. Economic factors are considered to be the dominating ones within the determining complex of this type of criminality. The result of their impact is a “shadow” cross-border economic cluster formation as a process of concentration of interrelated economic activities that ensure its productivity and effectiveness, and are accompanied by the offenses that determine the criminogenic potential capacity of these activities. The manifestations of cross-border criminal activity within the border regions of adjacent states are associated with the influence of political factors of determination and the socio-dynamics indicators within these regions. The frustrating factors of forming the social anomie and the criminogenic potential capacity of the border zone have been determined on the basis of the analysis of the social and psychological determinants of criminality.
A structural and functional cluster model of the system of cross-border crime counteracting has been developed on the basis of the analysis of law enforcement practices in Ukraine and in EU countries. The model is based on a conceptual approach that combines law-creating measures and a system of complex improvement of practical forms of activity. The effectiveness of cross-border crime counteracting is determined by the combination of the following components: the adequacy of crime prevention policies to the level of criminal threats in cross-border relations, the effectiveness of the preventive effect upon the crime determination complex, and the destructive impact upon real crime.
It has been proved that the directions of complex improvement of practical forms of activity in the field of cross-border crime counteracting are destruction of its deterministic complex, reduction of criminogenic potential capacity of the border zones population, reduction of possibilities of committing crimes through combination of different forms of preventive practices, the system of SMART-border, providing interoperability of national, foreign and international counteracting actors taking into account the EU experience. The conditions for the destruction of the criminogenic potential capacity of the border zones population and the improvement of public participation in the prevention of cross-border crime are resistance to social anomie, the depreciation of the value and normative system of society, the devaluation of social and positive stereotypes of behaviour.
It has been substantiated that the minimum acceptable level of effectiveness in cross-border crime counteracting is predictably ensured by the effective functioning of bilateral institutional and legal mechanisms.
