Grounds of socially dangerous acts criminalisation on the example of vandalism

Abstract

The article defines the concept and grounds of criminalisation on the example of vandalism as a negative social phenomenon. The author proves that the scale of vandalism and the consequences of its commission increase due to the ignoring of this problem by the legislator. The main criterion for criminalisation is the need to use it to combat a particular type of action. This need is due to the impossibility of preventing certain types of anti-social behaviour by non-criminal means. This aims at the legislator to refrain from criminal liability in all cases without exception, when it is unable to serve the purpose of reducing the crime rate of the type. Issues of criminalisation of socially dangerous acts are developed by modern criminal law science, but are not always taken into account in the development and adoption of certain laws on criminal liability, which may create imperfections in these laws and inconsistencies in law enforcement practice. Science has proposed many variants of the principles of criminalisation, which often differ significantly from each other. However, all of them can be grouped into 3 major groups: legal-criminological, socio-economic and socio-psychological. We proton to consider compliance with the grounds for criminalisation on the example of committing acts of vandalism, which we propose to supplement with aggravating circumstances. The listed grounds for criminalisation of vandalism confirm the possibility to include it in the list of socially dangerous criminally illegal acts. It is clear that the list of these grounds is somewhat larger, and the proposed study lists only those that correspond to vandalism. In addition, it is not necessary for criminalisation to have all of these grounds at the same time and in combination, as any one or some of these grounds may be sufficient.