Pashchenko Y. Criminological features and prevention of violent crime among servicemen

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102395

Applicant for

Specialization

  • 081 - Право. Право

04-09-2021

Specialized Academic Board

ДФ 64.051.016

V.N. Karazin Kharkiv National University

Essay

The dissertation is devoted to the problems of prevention of violent crime of servicemen. The author formulates a number of provisions, conclusions and proposals that are new in conceptual terms and important for the practice of preventing this type of crime. It is emphasized that criminal violence can be of only two main types: physical and mental. Attempts to include in criminal law other types that do not belong to the latter are unnecessary and inappropriate. The definition of the concept of criminal violence in the military sphere is given; the criminological concept of a violent war crime is defined; additional arguments in support of the position on the special illegality of war crimes; the criminal-legal consequences of violence of servicemen are investigated; the classification of military violent crimes on the complex criminological basis is carried out. A study of quantitative indicators of military crime in Ukraine found that the structure of military crime consists of general criminal and direct war crimes. It was found that the determinants of violent crimes of servicemen are divided into: not due to military service and due to military service (especially during hostilities). The danger of criminogenic influence of ideological factors on modern violent crime of servicemen is emphasized. On the basis of the analysis of the modern criminological information the typology of violent criminals-servicemen and criminological classification of victims of violent crimes of servicemen is given. The position of criminologists on the three-level system of measures to prevent violent crime of servicemen - at the general social, special criminological and individual levels - was supported. Measures of general social, special criminological and individual nature to combat violent crime of servicemen can be economic, political, ideological, cultural, national, socio-biological, socio-psychological, organizational and managerial, legal and others. It is emphasized that junior commanders play an important role in the circle of subjects of war crime prevention. The relevant Concept of reforming this area should be implemented in the short and medium term. Approaches to patriotic and military-patriotic education of youth and other citizens have been improved. The education of a sense of patriotism and love for one's country should be carried out not only for the purpose of military-patriotic education. It is proposed to allocate in a separate direction measures to prevent crime of servicemen in a combat situation

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