Open AccessThe regulatory and legal provisions regarding special and criminological preventions of a power abuse by persons providing public services
Author(s) -
V.V. Chernysh
Publication year - 2022
Publication title -
analìtično-porìvnâlʹne pravoznavstvo
Language(s) - English
Resource type - Journals
ISSN - 2788-6018
DOI - 10.24144/2788-6018.2021.04.50
Subject(s) - criminology , doctrine , crime prevention , power (physics) , field (mathematics) , political science , law , sociology , physics , mathematics , quantum mechanics , pure mathematics
The article highlights the issue of determining the place of measures of special and criminological prevention of criminal offences in the system of measures of criminological counteraction to socially dangerous and criminally punishable acts, as well as outlines the conceptual views of criminologists in scientific criminological doctrine on this issue.
Emphasis is placed on the priority of criminological measures for crime prevention in society. The connection between effective preventive measures and consistent special criminological policy is revealed. Its development and measures for its implementation have a central place in the social policy of any developed country, in particular, in the field of public services.
It is emphasized that there is no criminological study of regulatory and legal support for special and criminological prevention of one of the most latent criminal offences under Article 3652 of the Criminal Code of Ukraine, namely, abuse of power by persons providing public services.
Thus, the author gives a central place to special criminological measures to prevent crime in the system of measures of criminological counteraction on the basis of their effective impact in reducing the harmful effects of determinants. The definition of this type of precautionary activity is given.
As a result of the study, it is concluded that the proper regulatory support of the activities of entities exercising control powers in the relevant field, regulating the relevant public relations for the provision of certain public services, is a determining factor in the effective prevention of the crime under investigation.
The author's approach to understanding the system of special and criminological measures to prevent this criminal offence, which are enshrined in regulations governing the activities of both public service entities, defined by the disposition of the relevant article of the law on criminal liability, and entities that exercise control powers or regulate the relevant areas of public services, is offered.