Stroich V. Modern social and legal crime prevention mechanisms in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100130

Applicant for

Specialization

  • 081 - Право. Право

20-12-2021

Specialized Academic Board

ДФ 35.052.084

Lviv Polytechnic National University

Essay

The thesis work is a comprehensive research in domestic science of criminal law of foundations of modern social and legal mechanisms of crime prevention in legal doctrine and criminal legislation of Ukraine. In the course of this study, proposals were developed for their improvement, with the aim of preventing malpractice in Ukraine under the conditions of transition to the new national legislation. Criminological analysis of social and legal crime prevention mechanisms, although an integral and systemic establishment, has shown that in modern criminological theory they are represented by different theoretical models. The aim of the work was to analyze different theoretical approaches to developing a model to prevent criminality, based on the results, the author proposed a theoretical model of the mechanism, which is optimally aligned with the current needs of Ukrainian society. The work conceptually proves that the social and legal mechanism is a system of various legal and other operational tools and measures that can prevent the criminality (detect, neutralize or eliminate) and can provide the necessary conditions for the observance of human rights and freedoms in today's society; legal affairs aimed to overcome the phenomena of criminality in both the general and specific social plane; the concept of "social and legal mechanism against criminality" emphasizes that the legal mechanism is part of the social one and deals with it in a tight integration. The following ways of improvement of the modern social and legal mechanism of the crime prevention in Ukraine were proposed: 1) The VRU (The Verkhovna Rada of Ukraine) to consider the possibility of developing and supporting the The Law of Ukraine "On the State and Legal Mechanism of Crime Prevention" the Law of Ukraine "On Criminological Expertise," and the Law of Ukraine "On Anti-Criminal Strategy," projects etc; 2) The Cabinet of Ministers should arrange and provide the development of the draft of the Concept of State Criminal and Legal Policy and the Concept of the State Crime Prevention Program for the following years; 3) by the government agencies commissioned to combat the crime (including the MVS (Ministry of Interior) and GPU (the State Prosecutor General's Office of Ukraine)) to establish the permanent scientific and expert support involving foreign and local specialists with the purpose of further improvement of the national criminal, criminal procedural and criminal executive legislation, in particular, on the issues of anti-criminal strategy and concept, criminal policy, as well as other tools of state-legal mechanism of the crime prevention; 4) in the field of Law enforcement, such measures may be helpful: refocusing of Law enforcement agencies towards the necessity (obligation) to respect and protect human rights and freedoms as an absolute value with the aim of eliminating letter worship in legal practice and legal instrument misuse; the enhancement of the home control mechanisms to enforce the Law; the development of legal mechanisms that can prevent the disintegration of Law and order practice, etc.

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