Spilnyk S. Theoretical and applied principles of criminological activity of the State Penitentiary Service of Ukraine

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0522U100051

Applicant for

Specialization

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

23-12-2021

Specialized Academic Board

Д 08.727.04

The Dnipropetrovs’k State University of Internal Affairs

Essay

The dissertation is one of the first monographic researches in which with use of modern methods of cognition, taking into account the latest achievements of legal science problematic questions of criminological activity of the State penitentiary service of Ukraine are investigated and the author's vision of ways of their decision is formulated. In the dissertation it is characterized to characterize criminological activity of the State penitentiary service of Ukraine as object of scientific researches; the methodology of research of criminological activity of the State penitentiary service of Ukraine is determined; the structure of criminological activity of the State Penitentiary Service of Ukraine has been established; the concept and types of criminological activity of the State Penitentiary Service of Ukraine are formulated; the mechanism of realization of criminological activity of the State penitentiary service of Ukraine is investigated; the scientific principles of criminological monitoring by the State Penitentiary Service of Ukraine are described; the interaction of the State Penitentiary Service of Ukraine with other subjects of counteraction to crime is determined; the foreign experience of criminological activity of penitentiary institutions is characterized; criteria for the effectiveness of criminological activities of the State Penitentiary Service of Ukraine have been established; the essence of information-analytical support and scientific support of criminological activity of the State Penitentiary Service of Ukraine is revealed. In particular, based on the analysis of theoretical principles, legal regulation and practical solution of the State Penitentiary Service of Ukraine tasks in the field of crime prevention, created a theoretical concept of its criminological activities, based on the idea that the main tasks of protection interests of the individual, society and the state by creating conditions for correction and re-socialization of convicts, prevention of new criminal offenses by both convicts and others, determination of the organization and activities of penitentiary bodies and institutions should be done exclusively by laws of Ukraine. Criminological activity of the State Criminal-Executive Service of Ukraine is defined as a set of measures of analytical, coordination, educational, preventive, control, organizational, managerial, supervisory, methodological, informational and educational nature used by entities endowed with special powers. criminological, individual, victimological levels in relation to convicts and personnel of bodies and institutions of execution of punishments for elimination, weakening, neutralization of the factors causing criminal offenses, obstruction of realization of criminal intent, termination of the begun criminal activity, legal education of persons and crimes. The functions of each subject of criminological activity of the State Penitentiary Service of Ukraine are determined - the Department for Execution of Criminal Punishments, interregional territorial bodies for execution of criminal punishments of the Ministry of Justice of Ukraine, penitentiary bodies and institutions, pre-trial detention centers, probation centers and educational institutions, belonging to the sphere of management of the State Penitentiary Service of Ukraine (control, preventive, organizational, coordination, normative, methodological, educational, social and educational, resocialization, information and analytical; supervisory; law enforcement; legal explanatory). Based on the study of positive foreign experience, positions of scientists and the study of the empirical base, developed a number of changes to legislation and other regulations that can positively affect the criminological activities of the State Penitentiary Service of Ukraine (given in the conclusions)ю Argued that the essence of information and analytical support of criminological activities of the State Penitentiary Service of Ukraine is to implement a policy in the fight against crime, which aims to meet the information needs of the service and / or the activities of its authorized entities to collect, process and use information on accused (defendants), convicts, acquitted and persons whose convictions have been revoked or expunged.

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