Burda O. Prevention of theft in the retail trade.

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0821U102403

Applicant for

Specialization

  • 081 - Право. Право

04-10-2021

Specialized Academic Board

ДФ 64.086.032

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to development of theoretical and practical bases of prevention of thefts in a network of retail trade on the basis of results of research of a condition of this phenomenon, criminogenic features of offenders, definition and disclosure of its determinants, the reasons and conditions causing criminal offenses. The dissertation considers the organizational and legal bases of functioning of the retail trade network and the system of protection of their objects. It is established that in Ukraine the network form of the organization of retail trade intensively develops at the same time semi-spontaneous purchase and sale of the goods in trade points remains. Recently, the development of retail trade is ahead of state regulation of these social relations. Many issues in the field of retail trade are regulated by bylaws, many of which are outdated. Modern trends in the development of entrepreneurship in the field of retail trade (retail business) are the sale of the bulk of goods through retail chains (national, regional and local), the full transition to self-service customers, building a system of home and low-cost stores, increasing the number of shopping and entertainment centers, a combination of offline and online sales and related services. It was found that the system of protection of retail facilities includes physical protection of property and goods and technical protection of property and goods. Security activities are carried out by structural subdivisions of trade enterprises (organizations), as well as business entities that carry out licensed security activities. A research of the theft in the retail network showed an increase in their level during 2013-2018 years; negative dynamics during the COVID-19 pandemic; the predominance of simple forms of clandestine seizure of goods; committing most of the thefts in large in area and average daily number of visitors to retail establishments; the main focus of intent on the acquisition of food, alcoholic beverages, clothing and footwear, basic necessities; the existence of criminal groups and offenders specializing in the theft of goods under the order; mostly low level of latency of these criminal offenses. The study of the contingent of offenders revealed the existence of four main categories of thieves: officially unemployed persons, without legal sources of income; average buyers of goods; staff of retail trade establishments; persons who have a criminal qualification and specialize in such thefts. It is stated that thefts in the retail network are committed by individuals, regardless of their social background and financial status. The list of phenomena and processes that determine the phenomenon of theft at the societal level includes economic deprivation and poverty of a large part of the population, consumer rights violations, aggressive marketing, shadow trade, consumption, disparity of interests of businesses and consumers, traditions of petty theft and shoplifting, deviant forms of behavior among consumers. These phenomena distort the moral and legal consciousness; form an acceptable attitude of some consumers to the secret theft of goods from retail trade. The causes and conditions of theft are classified into socio-economic, organizational and managerial and moral and psychological. Socio-economic factors include low incomes and limited purchasing power of households; striking socio-economic inequality in society; unfair pricing policy of market monopolists and violation of consumer rights; waste, the habit of citizens to spend more than they earn; extreme need for goods of daily demand. Among the organizational and managerial factors indicated the abuse of self-service by customers; irrational planning of trade halls; large human traffic and imperfect system of control over the preservation of inventory; improper staffing of retail staff; savings by entrepreneurs on security and security services. Moral and psychological factors of theft are seen in the unacceptable attitude of a certain part of society to the inviolability of another's property; distorted legal and moral values, low level of legal awareness, negative personal qualities of offenders; selfish orientation of the offender's personality; mental and behavioral disorders; calculation to avoid criminal liability; victim behavior of the administration and staff of retail establishments.

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