SOCIAL AND LEGAL CONDITIONALITY FOR THE FACTORS OF VIOLENCE IN CORRECTIONAL COLONIES OF MEDIUM AND MAXIMUM SECURITY LEVELS

Abstract

The article reveals the social and legal conditionality for the factors of violence in correctional colonies of medium and maximum security levels. It is substantiated that violence in correctional colonies is a social and legal phenomenon, which is quite complex and ambiguous. The influence on the manifestations of violence in the correctional colonies of the following factors is proved: national-legal; socio-psychological and criminological. The opposition from the administration of the correctional colony of medium and maximum security level to violence has a great preventive value, firstly as a deterrent to other prisoners, and secondly, the reduction of crime rates in places of non-freedom. From the standpoint of our study, an interesting element of the motivation of a crime is violence, the content of which lies in the sphere of his own behavior of the convicted person and acts as its stimulator. It is noted that violence in correctional colonies of medium and maximum security levels is characterized by a high degree of social danger, importance of the object of criminal law protection, and the nature and extent of the damage caused by the special subject of the crime. The study of the social conditionality for the forms of violence in correctional colonies of the medium and maximum security levels has shown that this problem is one of the most acute among convicts, and therefore requires its immediate solution, first of all at the legal level, as well as at the level of departmental sub-legislation acts. Therefore, when developing effective forms and methods for preventing violence in correctional colonies of medium and maximum security levels, we propose to the Ministry of Justice of Ukraine to take them into account when preparing departmental legal acts and departmental instructions of the Criminal and Executive Service of Ukraine.