КРИМІНОЛОГІЧНА ХАРАКТЕРИСТИКА ОСОБИ ЗЛОЧИНЦЯ, ЩО ЗЛОВЖИВАЄ ПОВНОВАЖЕННЯМИ У СФЕРІ НАДАННЯ ПУБЛІЧНИХ ПОСЛУГ

Abstract

The article gives a criminological description of a criminal who abuses his powers in providing public services. It is analyzed the state of domestic and foreign criminological researches concerning definition of this person concept as one of the fundamental elements of the criminological characteristic. Through a research of official statistics and court verdicts, the authors present a criminological portrait of a subject of criminal offense under the Article 365 of the Criminal Code of Ukraine. The characteristics are given regarding the main features and peculiarities of a criminal’s personality formation in the conditions of professional activity and the main determinants of the formation of his socially harmful, deformed legal consciousness. On the basis of the statistical data research on persons committing a criminal offense under the Article 365 of the Criminal Code of Ukraine, the main criminological characteristics of the offender are given in the article, including socio-demographic one (sex, age, education, place of birth, residence), socio-role (social) functions of the individual, belonging to a certain social group, interaction with other social groups, etc.), moral, psychological, emotional characteristics. The mechanism of interaction of social and biological aspects in a criminal is also revealed, and a criminal person is classified into separate types (according to socio-demographic data, socio-economic indicators, citizenship, a person’ state at the time of committing a criminal offense, etc.). It is established that the socio-demographic characteristics of persons abusing powers in providing public services, due to legal status, qualification requirements for the profession, all subjects of the criminal offense are citizens of Ukraine, who have, as a rule, higher education, necessary work experience in professional activities and who have received permission from the state to conduct public services, are characterized by a change in the motivational component and the transformation of value orientation, deviated from official discipline and the transformation of a person from law-abiding to a criminal one. Key words: criminological characteristics, a criminal, abuse of power, public services, persons providing public services.