CRIMINOLOGICAL APPROACHES TO THE DEFINITION OF SELFISHING VIOLENT CRIME AND ITS SIGNS

In the article, the author argues for the need to distinguish the algorithm of investigation of certain types of crimes as an independent type of forensic algorithm. It is criticized as unreasonably narrow understanding of it in the form of a set of investigative actions, operational search measures and the sequence of their implementation. It is emphasized that the investigation algorithm is a set of goals, tasks, prescriptions and recommendations on the methods of solving them, the composition and sequence of investigative actions. It is pointed out that it is necessary to understand the investigation algorithm in a broad and narrow sense. Based on the analysis of the goals and tasks solved at the initial stage of crime investigation, it is concluded that the algorithms in the form of a sequence of investigative actions are a simplified version of the above algorithms. They contribute to ensuring the investigation process as a whole, are extremely compact, simple, and accessible. However, due to their high generality and lack of algorithms for solving particular problems, their value for investigating a particular type of crime is limited.

This chapter highlights proactive investigations, wherein the police initiate action against some kind of continuing criminal activity. This could be targeting suspected offenders or targeting a particular type of crime where the offenders are unidentified. Proactive investigation is not confined to covert operations, such as surveillance. A range of overt proactive options to prevent, detect, and disrupt crime are available, including activities like executing search warrants, high visibility patrols, road checks, and exercising stop and search powers. Other proactive preventative options include consulting and working with specialists in covert operations, confiscation of criminal property, dealing with threats to life (TTL), managing dangerous offenders through Multi-Agency Public Protection Arrangements (MAPPA), and using options from the various prevention orders and injunctions that are available for certain types of crime.

In the textbook, within the framework of the General part of Criminology, the main modern scientific views on crime, the identity of the criminal, the determinants of crime in Russia, the crime prevention system are revealed. Within the framework of a Special part of criminology, the fundamental knowledge about crime, its causality and counteraction measures are differentiated and specified in priority areas corresponding to a particular type of crime. The organizational foundations of the prevention of certain types of crime are outlined, the features, forms, methods and means of preventive action are revealed. Meets the requirements of the federal state educational standards of higher education of the latest generation. For students, postgraduates, teachers of law schools, practitioners of law enforcement agencies, as well as anyone interested in crime prevention issues.

A criminological analysis of the situation and dynamics of crime against property in the Republic of Crimea (for the period from 2015 to 2020) in comparison with all-Russian indicators and indicators of the Southern Federal District was carried out, similar features and differences were identified, an attempt was made to study the causal complex, events in the Republic of Crimea that could affect the dynamics and level of mercenary crime in different periods of time. The analysis was carried out for each type of crimes against property provided for by the Criminal Code of the Russian Federation, in their interrelation, as well as an analysis of the situation as a whole. In this connection, the author analyzed crimes against property according to two criminological indicators: the dynamics is an absolute indicator of the total number of registered acts for the period from 2015 to 2020 inclusive, and the level is a relative indicator of a particular type of crime in the overall crime structure. This approach allowed us to objectively study the criminological indicators of certain types of crimes against property and draw general conclusions, identify patterns that determine the development of the criminal situation in the field of mercenary crime in the Republic of Crimea.

The current study proposed to determine whether adolescent emotion regulation is predictive of the amount and type of crime committed by adolescent juvenile offenders. Despite evidence in the literature linking emotion regulation to behaviour problems and aggression across the lifespan, there is no prior longitudinal research examining the predictive role of emotion regulation on adolescent recidivism, nor data regarding how emotion regulation relates to the occurrence of specific types of crimes. Our primary hypothesis was that poor emotion regulation would positively and significantly predict re-offending among adolescents. We tested our hypothesis within a binary logistic framework utilizing the Pathways to Desistance longitudinal data. Exploratory bivariate analyses were conducted regarding emotion regulation and type of crime in the service of future hypothesis generation. Though the findings did not indicate a statistically significant relation between emotion regulation and reoffending, exploratory findings suggest that some types of crime may be more linked to emotion regulation than others. In sum, the present study aimed to examine a hypothesized relation between emotion regulation and juvenile delinquency by identifying how the individual factor of dysregulated emotion regulation may have played a role. This study’s findings did not provide evidence that emotion regulation was a significant predictor of recidivism over time but did suggest that emotion regulation is related to participation in certain types of crime one year later. Directions for future research that build upon the current study were described. Indeed, identifying emotion regulation as a predictor of adolescent crime has the potential to enhance current crime prevention efforts and clinical treatments for juvenile offenders; this is based on the large amount of treatment literature, which documents that emotion regulation is malleable through treatment and prevention programming.

The institution of complicity in crime as a whole is one of the most problematic areas for criminal law doctrine and law enforcement practice. The problem of complicity in crime, which acts as one of the fundamental institutions of criminal law in different countries, is given increased attention in the legal science of China and Russia, which is primarily due to the importance of this institution.In the Chinese criminal law, only five articles of the General part (articles 25-29 of the criminal code of the People’s Republic of China) are devoted to complicity in a crime. In addition, in many articles of the special part of the criminal code of the People’s Republic of China, incitement, aiding and abetting, as well as preparing, creating, directing, or participating in a criminal group, constitute a complete crime. These are such elements of a crime as: incitement to split the state (part 2 of article 103), incitement to overthrow the state power (part 2 of article 105), incitement to carry out terrorist activities (article 120), financial assistance to terrorist activities (article 120.1), assistance to information network criminal activities (article 287.2), preparatory actions for terrorist activities (article 120.2), organization, leadership, participation in a terrorist organization (article 120), organization, leadership and active participation in organizations of a mafia nature (article 294) , etc. In the current Criminal Code of the Russian Federation, seven articles of the General part (articles 32-36, articles 63, 67 of the Criminal Code) are devoted to the institution of complicity. In addition, the group committing a crime is as qualified or very qualified type of specific crimes (for example, article 105, 117, 158, 164 of the Criminal Code), or forms a constitutive characteristic of certain types of crime (for example, article 208, 209, 210 of the Criminal Code, which criminalize the creation of formations, gangs or communities or participate in them).The paper deals with Chinese and Russian criminal law in part of the normative regulation of the Institute of complicity in a crime, considerable attention is given to the analysis of criminal legislation of China and Russia in the sphere of legal regulation of concepts, forms of participation, types of participation and the principles of bringing them to criminal liability. In the course of the study, the author also attempts to analyze some controversial issues related to the institution of complicity in crime, such as complicity in careless crime, indirect execution, and the legal nature of complicity in crime.

This paper reports the results of an empirical test of the hypothesis that three mechanisms of poverty reduction-improved market opportunities, government cash transfer payments, and government in-kind transfer payments have differential impacts on the relative return to legal and illegal activity and, in turn, on the rate of property crime. In addition, the paper reports empirical tests of the hypothesis that these differential impacts of market and government policy mechanisms vary by type of property crime. Employing measures of each of these mechanisms, time series models for Burglary, Auto Theft, and Robbery are estimated from yearly, national, Uniform Crime Report (UCR) data for the period 1959 through 1995. The results indicate that poverty reductions due to improved market conditions have similar impacts on each type of property crime. However, the direction and magnitude of the impact of different government policy mechanisms varies between and within particular types of crimes. The paper concludes with an application of these findings to recent legislation, The Temporary Assistance for Needy Families Act (TANF), which overhauled the federal public assistance program.

Тhe approaches used in judicial practice and the criteria for assessing some individual complex crimes do not correspond to the doctrinal provisions of the classification of these crimes, as a result of which modern judicial practice is not always characterized by the uniformity of application of the criminal law. Purpose of the study: to reveal the features of individual approaches to understanding some individual complex crimes, their qualification rules. Objectives of the study: 1) analyze the rules for qualifying crimes with an alternative composition and the features of calculating the statute of limitations in relation to them; 2) consider the peculiarity of the qua­lification of certain types of crimes with the totality of crimes taken into account by the legislator; 3) study the legal nature of the actual end of a continuing crime; 4) identify the features of the qualification of ongoing crimes. The study allowed us to formulate a number of conclusions. The condition for the effective application of the norms of criminal law as a stage of legal regulation is the uniform use of the rules for the qualification of crimes, a unified understanding of the nature of single complex crimes. When qualifying single complex crimes, it is necessary to take into account their following features. The commission of two or three actions that are part of a crime with an alternative composition does not always imply the qualification of what was done as a single complex crime. Some crimes formulated as crimes with an alternative composition have a different qualification rule: the commission of two or more actions that are part of a crime with an alternative composition is qualified as a set of crimes (for example, Art. 228.1 of the Cri­minal Code of the Russian Federation). A crime with an alternative composition has several periods of limitation for criminal prosecution, the number of which depends on the number of acts that are part of the crime with an alternative composition. The statute of limitations for criminal liability is calculated independently in respect of each action. The qualifying sign “in relation to two or more persons” should be applied uniformly to all crimes in accordance with the available explanations of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Plenum of the Supreme Court of the Russian Federation) on specific types of crimes, regardless of the fact that in relation to some category of cases, the Plenum of the Supreme Court of the Russian Federation has not given such an explanation. The detention of a person as an example of the actual end of a continuing crime does not always mean that: 1) the act is actually interrupted; 2) the object of criminal legal protection is no longer under threat; 3) the act cannot be completed. The legal moment of the end of the ongoing crime is not always the time of the last identical act, the moment of the end may be: 1) the moment of the first identical act; 2) the moment of the last identical act; 3) the moment of the identical act, which is neither the first nor the last.

The institute of ensuring the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization is called to protect these persons, as they may be in danger during the criminal process, and in most cases after its completion. Therefore, it is advisable to find out the definition and main directions of improving the security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization. The effectiveness of security measures to persons carrying out special tasks detecting the criminal activities of an organized group or criminal organization should be understood as creating in a minimum time and taking into account human rights and freedoms the necessary safe conditions for proper performance of a special task to document criminal activity of an organized group or a criminal organization. The main directions of improving the effectiveness of security measures to persons carrying out special tasks are: improving the rules of application of security measures to persons carrying out special tasks; improving the content of the grounds and procedural procedure for ensuring the safety of persons carrying out special tasks; reduction of time limits for the application of security measures to persons carrying out special tasks; expanding the types of security measures applied to persons carrying out special tasks; improving the financing and logistics of security measures to persons carrying out special tasks. Methodical and forensic security of the security of criminal justice participants, in our opinion, will include the development of methodological recommendations on issues of such peculiarities of investigating certain types of crimes that are determined by the security of individuals. We believe that these methodical and criminology recommendations will reflect the peculiarities of the interaction of law enforcement agencies in the process of ensuring the safety of participants in criminal justice and the use of special knowledge, cooperation with national state institutions, law enforcement agencies of other countries, etc. At the same time, criminalistic recommendations may become a structural component of techniques for investigating certain types of crimes, such as corruption, crimes against national security, etc.

The article is focused on one of the urgent tasks for domestic scholars and practitioners – the development and implementation of non-traumatic methods of interrogation. Thus, the author of the article defines theoretical and practical aspects of using anatomically detailed puppets during the interrogation of extremely vulnerable persons – minor victims and witnesses of rape, sexual abuse, corruption of minors, human trafficking, pornography, etc., including children with physical or (and) mental disorders.
 The tactics of interrogation of these extremely vulnerable persons need to be improved through the introduction of the “Green Room” method declared by international and national standards, one of the elements of which is a set of anatomically detailed puppets. It has been noted that despite mentioning about the method of interrogation in the domestic normative, scientific and methodological literature, there are no detailed studies of the rules and conditions of using “Green Room” and the possibility of applying anatomical puppets.
 Theoretical approaches and practical aspects of modern world experience of interrogating extremely vulnerable persons with the use of anatomically detailed puppets have been analyzed. It has been also determined that puppets are used as an anatomical model, demonstration aid, memory stimulation, diagnostic tool or “icebreaker” in the world theory and practice of interviewing children.
 The author has determined the tasks of applying of the set of anatomically detailed puppets: 1) actualization of recollection; 2) visual demonstration by the child of the mechanism of criminal actions committed against the child; 3) increasing the reliability and significance of information about the circumstances of the commission; 4) prevention of secondary traumatization of minor victims and eyewitnesses of certain types of crimes.
 The author has formulated the rules and has determined conditions for using anatomically detailed puppets during the interrogation of extremely vulnerable persons. The tactics of interrogation of minor victims and witnesses of certain types of crimes have been improved. The emphasis has been placed on the need for widespread introduction of this non-traumatic method of interrogation of minors into the training of future police officers, advanced training or (and) specialization of existing police officers, and into the investigative and judicial practice.

This paper explores the effect of certainty of punishment on different types of criminal behavior. It is argued that deterrence theory, which treats the potential criminal as weighing the relative rewards and costs of a criminal act, is more applicable to certain types of crimes than others. The strength of the negative relationship between certainty of punishment and crime rate will thus vary by type of crime. It is argued that deterrence, overload, and incapacitation theories each predict different patterns of these variations in strength. Thus the fit of the expected pattern to available data should allow us to choose among the theories. Using previously unpublished data for SMSAs and results obtained by other researchers, the actual patterns of strength of relationships are studied. Though the data presently available have many problems and some of the patterns are ambiguous, the deterrence predictions seem to have the best overall support.

The aim: To clarify the importance of the need to involve medical professionals, as experts, in the conduction of the investigative actions during the pre-trial investigation of certain types of crimes. Materials and methods: This research is based on the general laws and categories of the Cognition theory and on the framework of materialistic dialectics; it uses a comprehensive approach to the study of the problems under consideration, applies systematic, statistical, historical, legal and comparative legal methods. Conclusions: The need to use specialized medical knowledge depends not on a certain type of crime, but on the specific circumstances of the committed criminal offense. Based on theoretical and practical frameworks, the reasonable practical significance of using specialized medical knowledge during a pre-trial investigation expands and deepens the possibilities of procedural evidence, contributes to the rapid and complete crime disclosure, exposing the wrongdoers and making the right decisions in criminal proceedings.

The article analyzes the structure of the forensic method of investigation of certain types of crimes, proposes its modern structure, in particular, a separate forensic method must necessarily include a forensic characteristic, typical investigative situations and programs (algorithms) of the investigator's actions in each judicial investigation. stages of the investigation, specifics of the tactics of individual investigative (search) actions, other measures and tactical operations, as well as specifics of the investigation under martial law. Forensic characterization is considered as an important structural unit of a separate methodology, which reflects its purely forensic aspect, describes forensically significant, statistically derived features of crimes of a certain group. The author comes to the conclusion that forensic characteristics include signs of circumstances that are subject to proof (but not all), but only those signs that determine the choice of appropriate forensic means, techniques and methods of crime investigation (forensically significant). Therefore, he claims that the refusal to study the circumstances to be proven in the methodology and in most of the modern dissertation studies in criminology will be justified. Based on the analysis of existing scientific views and concepts, the author substantiates the position of highlighting the initial stage of the investigation, as well as the feasibility of developing recommendations for the organization of the investigator's actions at this stage and in the investigation process at two traditional stages. forensic stages: initial and subsequent. Based on a comparison of a specific investigative situation that arose during the investigation of a specific crime with a typical one, investigators should choose the appropriate, most effective forensic means and methods of establishing objective reality. The inclusion in the structure of a separate forensic methodology of investigation features under martial law is considered as an urgent need of practical workers. After all, the conditions of martial law make changes both in the program (algorithm) of the investigator's actions and in the tactics of conducting investigative (search) actions. This is due to the fact that the legislator departed from the principle of immediacy of the research of evidence. It is noted that the study of other forensic aspects of the investigation of certain types of crimes may take place.

The paper covers life path, scientific, teaching, forensic-expert and public activity of well-known in Ukraine and abroad professor M. V Saltevskyi, an outstanding scientist of the past century and scientific modernity. The influence of his scientific ideas on the development of Criminalistics andforensic examination is studied. The activity ofa well-known scientist as one of the founders of the national criminalistic science, the founder of the scientific school in Criminalistics is highlighted, there is retraced the width of the diapason and the range of professional, scientific interests of a gifted researcher, innovator and generator ofscientific ideas. His significant contribution to the development of the general theory of Criminalistics, the Theory of Ciminalistic Identification, specific criminalistic theories, criminalistic technics, criminalistics tactic and the technique for investigation of certain types of crimes are researched. The scientific works of the scientist and his influence on the formation and development of modern Criminalistics and Forensic Examination are analyzed. Formation and development of Criminalistics in Ukraine and in the former USSR is closely related to the name of Professor M. V. Saltevskyi. He is one of the founders of the Criminalistic Science, since there is no section in Criminalistics where Mikhail Vasil’evich did not make his significant scientific contribution to its formation and further development. A particular attention was paid to the study of the subject, the system and methodology of Criminalistics, prospective areas of сriminalistic technics, forensic examination, theory of evidence in the criminal procedural and information law, and computer information. The scientific developments of M. V. Saltevskyi in criminalistic tactics, in the methods of investigating certain types of crimes are essential. The scientific heritage of Professor M. V Saltevskyі today largely determines the current directions of scientific research in Criminalistics.

In the conditions of building a rule of law, reforming the political and economic system in Ukraine, countering organized crime, which harms the state, destabilizes the financial sphere, negatively affects the state of economic security, and complicates the already difficult criminogenic situation, is becoming more and more urgent. Organized crime has long gone beyond national interests. Today it has turned into a worldwide problem. Criminal groups increasingly go beyond the borders of one state, creating analogues of transnational companies engaged in criminal business. The trend of including Ukrainian crime in transnational criminal structures that concentrate their activities in the financial sphere is being followed. One of the reasons for this is the lack of mechanisms that combine the efforts of the branches of government, law enforcement agencies, as well as the insufficient level of cooperation with similar structural divisions of foreign countries in countering manifestations of organized crime, in particular in the field of finance. Recently, Ukraine has introduced a multi-vector approach to combating crime, which consists in the implementation of state influence on certain types of crime. But still, in our opinion, the problem remains, which consists in the fact that today there is no balanced and predictable approach at the state level to the formation of various strategies in the security sector, and there is also a slowdown in the implementation of law enforcement strategies in certain areas, which affects the effectiveness of preventing certain types of crimes and crime in general. That is why the study of modern progressive foreign experience in preventing and countering organized crime, in particular in the field of finance, is relevant. The purpose of the article is to study foreign experience in preventing and countering organized crime in the financial sphere, clarifying the possibilities of its application in Ukraine in modern conditions.