Chaika I. Criminological characteristics and prevention of fraud in Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0823U100351

Applicant for

Specialization

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

02-06-2023

Specialized Academic Board

ДФ 11.737.023

Donetsk State University of Internal Affairs

Essay

In the dissertation, a comprehensive criminological study of fraud as a negative social phenomenon was carried out, a detailed criminological description of fraud was compiled, and a system of measures and means of fraud prevention in Ukraine was developed on this basis. The position is substantiated that when determining the generic and immediate object of fraud, it is most appropriate to use an economic-legal approach that combines legal and economic features of the concept of "property" itself. According to the specific object of the composition of the criminal offense, fraud is characterized as an intellectual type of self-interested criminal offense associated with the transfer of someone else's property (the right to it) to one's own benefit or to the benefit of other persons. The direct object of the fraud is the right of ownership guaranteed by the legislation of Ukraine, the content of which consists in the legal relations of ownership, use, and disposal of property, which are permanent and protected by law. It is claimed that special attention should be paid to individual preventive measures and measures to prevent the criminal behavior of specific fraud subjects, in particular – convicted persons of penal institutions. A system of means and measures to prevent fraud in penitentiary institutions is proposed. A system of victimological fraud prevention measures has been developed on a general social, and special victimological basis, and a program of individual victimological work to prevent primary and secondary victimization of the population in terms of committing fraudulent actions.

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