Criminology Science Research Articles

Dysfunctional family as a determinant of mercenary and forcible crimes of minors and young people

The article is devoted to the problems of criminological determination of mercenary and forcible crimes of minors and youth. The author defines dysfunctional family as one of the main determinants of mercenary and forcible crimes among minors and youth.
 The article characterizes the influence of adversity in the family, defects of family upbringing on the formation of a young personality.
 The author analyzes modern criminological concepts regarding family problems as determinants of juvenile and youth crime and notes that the aggravation of problems of family dysfunction against the general background of poverty and constant need, moral and social degradation that occurs in families, lead to extremely negative consequences.
 It is a well-known fact that the intensity of crime is particularly high among minors and young people from disadvantaged families. Basically, drunkenness, drug addiction, and prostitution thrive in these families, there are no moral foundations, elementary culture. All this affects the formation of the character of the individual, because the influence of the family, upbringing is of decisive importance.
 Negative socio-economic and political processes significantly weakened the importance of the family institution as a social institution that protected children and youth. The majority of juvenile criminals were brought up in dysfunctional, single-parent families with a critical financial situation, and were witnesses of scandals and fights.
 Parents who lead an immoral lifestyle, are indifferent to the interests of the child, are unable to provide the proper conditions for the normal psychophysical development of the child, and the deterioration of the financial situation of families leads to the inaccessibility due to the increase in the prices of using the benefits of civilization and, combined with discomfort in the family, provokes minors spending more and more time outside.
 The article provides a criminological description of the modern aspects of family dysfunction, which are associated with military actions and the temporary occupation of large territories, and also complements the classification of dysfunctional families, which is developed today by criminological science.

Examining the Relationship Between Demographic Profile, Level of Preparedness, and Competencies among Senior High School TVL First Batch Graduates of Selected Public Schools of the Division of Puerto Princesa

This study described the demographic profile, level of preparedness, level of competencies and the problems encountered by the first-batch graduates of the Technical Vocational-Livelihood Track students during SY 2016-2017 from the selected public senior high schools in Puerto Princesa City. Frequency, percentage, weighted mean, analysis of variance, and Pearson-r correlation were employed to analyze the data collected. Analyzed data revealed that majority of the respondents are 24 years old, male, single, and SHS TVL Strand Electrical Installation and Maintenance graduates. Most respondents were graduates with a Bachelor of Science in Criminology and working in private sectors on a contractual basis, earning a monthly income of PHP 9,999.00 and below. Additionally, SHS TVL first batch graduates are always prepared in the majority of indicators of Tertiary education, Middle-level skills development except for Entrepreneurship, and Employment with “somewhat prepared” as the result. In line with the level of competence, the graduates are entirely competent in the majority of indicators of Learning and Innovation Skills, Communication Skills, and Information, Media and Technology Skills except for Life and Career Skills which is Fairly Competent. The SHSTVL first-batch graduates agree that the SHS Program was effectively implemented, has helped graduates acquire the competencies expected of them to learn. Results further revealed that there is no significant difference between the age, sex, civil status and SHS TVL strand and the level of preparedness of the SHS TVL first-batch graduates and between the age, sex, civil status and SHS TVL strand and the level of preparedness of the SHS TVL first-batch graduates. However, there is a significant difference between the level of preparedness of the SHS TVL first-batch graduates and their degree, work and monthly income, albeit no significant relationship between the level of preparedness and level of competencies of SHS TVL first-batch graduates and their age, sex, civil status, SHS TVL strand, degree, work, and monthly income. Among the identified solutions include strengthening of DepEd”s Work Immersion Program of Senior High School and establishing solid partnership with companies and agencies where the SHS graduates can be accommodated for employment.

Dysfunctional family as a determinant of mercenary and forcible crimes of minors and young people

The article is devoted to the problems of criminological determination of mercenary and forcible crimes of minors and youth. The author defines dysfunctional family as one of the main determinants of mercenary and forcible crimes among minors and youth.
 The article characterizes the influence of adversity in the family, defects of family upbringing on the formation of a young personality.
 The author analyzes modern criminological concepts regarding family problems as determinants of juvenile and youth crime and notes that the aggravation of problems of family dysfunction against the general background of poverty and constant need, moral and social degradation that occurs in families, lead to extremely negative consequences.
 It is a well-known fact that the intensity of crime is particularly high among minors and young people from disadvantaged families. Basically, drunkenness, drug addiction, and prostitution thrive in these families, there are no moral foundations, elementary culture. All this affects the formation of the character of the individual, because the influence of the family, upbringing is of decisive importance.
 Negative socio-economic and political processes significantly weakened the importance of the family institution as a social institution that protected children and youth. The majority of juvenile criminals were brought up in dysfunctional, single­parent families with a critical financial situation, and were witnesses of scandals and fights.
 Parents who lead an immoral lifestyle, are indifferent to the interests of the child, are unable to provide the proper conditions for the normal psychophysical development of the child, and the deterioration of the financial situation of families leads to the inaccessibility due to the increase in the prices of using the benefits of civilization and, combined with discomfort in the family, provokes minors spending more and more time outside.
 The article provides a criminological description of the modern aspects of family dysfunction, which are associated with military actions and the temporary occupation of large territories, and also complements the classification of dysfunctional families, which is developed today by criminological science.

Crime in the Context of Philosophy of History

Methodological foundations for improvement of criminological science involve the expansion of its interdisciplinary connections, including its connections with philosophy and history. This makes it possible to study crime as a certain social process taking place in the general logic of the development of society and subordinate to it. The classical philosophy of history offers several options for understanding the meaning and driving forces of the historical process that predetermine competing views on the history of crime. Theology and Marxism, fundamentally differing in their view of the mechanism of history, provide an understanding of crime as a linearly developing process that has its origins in the past, but inevitably disappears in the future as the «end of history» is reached. Cyclical concepts of the historical process allow us to look at crime as an eternal, indestructible phenomenon that changes its basic forms as historical cycles change and in accordance with the basic parameters of this cycle itself. The concepts of multifactorial historical development determine an emphatically sociological explanation of crime, within which its state can be assessed outside the context of the past and future. The postmodern challenge to universal classical historiosophical concepts has actually destroyed their explanatory significance and methodological value. At the same time, postmodernism creates favorable opportunities for understanding the process of crime as an integral part of many parallel and overlapping histories: the history of liberalism, the history of economics, the history of preserving national identity, etc. In this case, crime stories (plural) appear in place of crime history (singular). And only such a multi-layered view of the processes of crime development and its connection with social processes can provide adequate methodological support for criminological research. In this regard, the results of the study can be considered as a contribution to the development of historical criminology, which is gaining relevance.

Erotics as resistance: the work of Conny Karlsson Lundgren

ABSTRACT In the 1920s and 30s, a criminal investigation followed by a trial against a group of allegedly homosexual men was launched in Gothenburg, Sweden. Almost a century later, Swedish artist Conny Karlsson Lundgren engages with these events in a multifaceted two-part installation and performative work that borrows the title from the investigation, The Gothenburg Affair (Göteborgsaffären). In this article, we describe how the investigation was conducted during a time in which the science of criminology expanded to envelop new technologies and methods of identification and categorization. Tools such as new uses of photography, the portrait parlé, and Kretschmerian body types were implemented to identify criminal individuals and behaviors and place them within a particular category of criminality or pathology. In his works, Karlsson Lundgren conspicuously brings out sensual and sexual details of the archival material and inverts the denigrating and stigmatizing ways in which these details were used in the source material. In the article, we describe the strategies though which Karlsson Lundgren’s work transforms aspects of the archival material and in this way intervenes in history to continue a resistance found between the lines of the archival material itself.

Factors of forming an aggressive motive for crimes against life and health committed with the use of firearms

Domestic criminological science faces an important task of developing measures to prevent violent assaults with the use of firearms and their factors. The purpose of the article is to develop crime prevention measures taking into account the determination of crimes against life and health committed with the use of firearms. The article’s task is to determine the motives of crimes against life and health committed with the use of firearms.
 The mechanism of criminal behavior can be understood as a system of correlated algorithmic actions conditioned by a favorable objective reality, a set of mental states and processes, and behavioral acts sufficient for realizing a socially dangerous intention. One of the aspects of this algorithm is the formation of a criminal motive as a prerequisite for the will (decision) to commit a crime. The main motive of the violent crimes with the use of firearms that we investigate is aggressive. Additional motives: 1) selfish, 2) hooligan, 3) revenge, 4) jealousy, 5) intimidation; 6) self-defense.
 Formation of motives for criminal offenses against life and health with the use of firearms occurs under the influence of various circumstances of the surrounding social environment.
 The use of a weapon during an attack significantly increases the attacker’s ability to overcome the physical resistance of a victim who does not have such a weapon of protection. The understanding of this circumstance is a motivating factor in the criminal’s behavior. According to this, the spread of illegal firearms from the areas of hostilities will obviously negatively impact the country’s criminogenic situation.
 Victims sometimes use their provocative behavior to form a motive for aggressive actions against them.
 A low educational level can contribute to the formation of antisocial intentions in a person and their implementation in illegal behavior.
 Previous criminal experience is a significant factor in the formation of criminal motivation of persons who commit violent crimes with the use of firearms.
 The specified circumstances must be taken into account when developing measures to prevent criminal offenses (crimes) against life and health with the use of firearms.

КРИМІНОЛОГІЧНЕ ЗАБЕЗПЕЧЕННЯ ПЕНІТЕНЦІАРНОЇ БЕЗПЕКИ В УКРАЇНІ

This article deals with problems of development assistance of penitentiary system which directly correlates with necessity in establishment into national criminal and executive practice of international and European standards of administration of justice in in particular in the part of establishment of optimal balance between grave criminal offences and punishment especially if we speak about imprisonment. Authors focus attention that into today`s mechanism of security of convict rights and freedoms was successfully integrated the number of prospective European novelties, among which the public. Involvement of the public in Ukrainian criminological science was found as an actual method of carring out facultative influence on criminal activities in the state, including by popularization of the principle of zero tolerance for breaks of law in general and in criminal law. It is noted that we need to pay attention to victimological orientation in criminology and in the case of committing socially dangerous acts determined by an informal society and internal specific culture and customs of convicts. It is indicated that correlation of criminological and victimological influence on criminal society in penitentiary institution will give an opportunity to reduce amount of criminal offences and to prevent other variants of convicts` deviant behavior related to alcohol and gambling addictions, suicide etc. It is summarized that we need to reform criminal and criminal executive law and to shift to new and more progressive means and messieurs of fight with penitentiary recidivism among convicts and personal`s criminalization in penitentiary institutions. Authors proposed criminological messieurs for providing penitentiary security. Key words: penitentiary security, criminological providing, criminal offences, punishment, imprisonment, convicts, penitentiary institutions.

Criminology and History: Towards Interdisciplinary Convergence

The connection between criminology and other sciences has always been viewed as a vital component of increasing scientific knowledge on crime and developing the methodology of criminological research. One of the areas of such connection is the interaction between criminology and history. Both sciences are moving towards each other. The principle of historicism, being an inalienable element of the methodology of modern criminology, stimulated criminologists to study the history of crime and its specific types, the history of preventive and law enforcement work, the history of criminological theories’ development. The diversification of the methodological basis for the historical science and the development of social history, in their turn, also turned the attention of historians to the problems of crime and its prevention. Meanwhile, the application of historical method in criminology and the inclusion of crime in the object of historical studies remain two relatively independent and unconnected processes. At the same time, the theoretical understanding of inter-disciplinary connections between criminology and history unjustifiably remains «a white spot». This is not a problem specific of Russia, in recent years it has been the object of attention for specialists all over the world. English-language research explains the absence of cooperation between criminology and history primarily though the goals and the organization of research. Historians study the past for the sake of uncovering the past itself, without stressing its connection to the present, while criminologists, on the contrary, are focused on the present and refer to the past only in the degree necessary for explaining the processes happening today. However, this autonomy, arising from the boundaries that are in many aspects artificial, is duly challenged. Research is consistently moving towards overcoming the isolation of criminology and history. The result of this shift is the development of historical criminology as a special approach to studying crimes and related problems. Special monographs, cooperative group discussions, theme-based issues of authoritative journals, the development of special educational programs are all aimed at ensuring the full-scale inclusion of the historical component in the science of criminology by stimulating historical thinking and abolition of no longer relevant historical-philosophical ideas on the interconnection between the past, the present and the future.

Scientific creativity of an outstanding Russian jurist M. N. Gernet and his role in developing criminal legal sciences and criminology in the pre-revolutionary period

Objective: to comprehensively study the results of the work of an outstanding Russian jurist and scientist, ProfessorN. Gernet, and his role in the formation and improvement of the criminal-legal and criminological science in prerevolutionary jurisprudence.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical, comparative-legal, and sociological.Results: it is proved that, being the author of serious scientific developments in the field of criminal law and fundamental criminological research printed in pre-revolutionary Russia, M. N. Gernet laid the foundation for the further formation of criminological doctrine, which later became a sub-branch of criminal law science, thus significantly influencing the formation of the humanistic principle in the Russian criminal-legal theory. Analysis of M. N. Gernet’s works allows the author to assert that they identify many shortcomings in fighting crime by solely criminal-repressive methods, and also to show the negative phenomena in the field of assigning criminal penalties, which were created by the judicial practice in force at that time, which used various means to intimidate the population.Scientific novelty: the author’s approach to the analysis of the pre-revolutionary scientific heritage of Professor M. N. Gernet, as well as individual scientific works of his students and followers, allowed the author to conduct a comprehensive scientific study of the life, activities, scientific creativity of the greatest Russian jurist and scientist, Professor M. N. Gernet, as well as his role in the formation and development of criminal law and criminological science in pre-revolutionary jurisprudence.significance: the author’s conclusions proposed in this study can act as a theoretical basis in conducting new research concerning the results of scientific creativity of the Russian jurists developing various scientific criminal law and criminological areas of jurisprudence.

Asian Criminology: Its Contribution in Linking Global North and South

AbstractIn recent years, Asian criminology and Southern criminology have drawn scholarly attention to the profound divide between Western and non-Western societies, or the Global North and Global South, in criminological knowledge production. Perspectives from Asian and Southern criminology expose these divides and propose critical ways to correct the hegemony of Western over non-Western, or Northern over Southern, knowledge production. For the contemporary movement of decolonization of knowledge, a particular contribution of Asian criminology is to link Western and non-Western, or Northern and Southern, criminological science. As Sandra Walklate concluded, “Asian criminology … stands at the positive intersection of the north–south and east–west in terms of geography and culture. It is well placed to think differently, both conceptually and methodologically, about the criminological enterprise, and the debates that such different thinking might generate.” This article reviews the divide in criminology between the Global North and South. Based on the framework of the Asian criminological paradigm, Asian criminology has made major contributions to bridging the divide between the North and the South through academic institutionalization and theoretical development strategies.

Social naturalism as methodological basis for scientific research on the identity of the perpetrator

The article deals with problematic issues of criminological study of the perpetrator’s identity. The main attention is paid to the methodological aspects of this phenomenon. By the way, the author did not ignore the issues related to the definition of the concept of the “identity of the perpetrator”. Despite the updating of the concept of a “crime” to “criminal offense” in the legislation, the concept of the “identity of the perpetrator” has not lost and will not lose its importance and relevance for science as a whole, including criminology. For the latter, it is a defining category that constitutes its subject. Some theoretical developments of the social sciences regarding the understanding of the phenomenon of an individual are highlighted. The author emphasizes that the problem of effective research of the identity of the perpetrator is key in criminology. Therefore, its solution is a necessary condition for the success to oppose to criminality. It was established that the lack of effective countermeasures against criminality contributed to the application of the theory of social naturalism in criminology. This theory is a kind of resource that can be used to successfully solve the current problems of the present days. Therefore, criminological science adopted the doctrine of social naturalism, which became the basis of social-naturalistic criminology. It is argued that the study of the will and consciousness of a person who has committed a criminal offense shall be the basis for studying the mechanism of illegal behavior, as well as for developing ways to counteract it. This can be done on the basis of the methodology of social naturalism, knowing the regularities of the of will and consciousness, which manifests itself in the form of criminal behavior. It is concluded that if modern criminology in the study of crime is guided by the principle of social naturalism, it makes possible to obtain new knowledge on the identity of the perpetrator, and therefore on the causes and conditions of criminal offenses, and about what must be done to remove them. And this is of decisive importance in the development and implementation of measures aimed at increasingthe success in opposing criminality. It is substantiated that the study of the identity of the perpetrator using the method of social naturalism significantly increases the scientific value and practical implementation of crime prevention measures. Today, on the basis of the methodology of social naturalism, it is possible to know the regularities of the formation of will and consciousness, which manifests itself in the form of criminal behavior. Thus, social-naturalistic criminology determines how social and biological aspects are combined in the nature of crime. Stating that the generation of crime only by social and biological factors cannot occur without the participation of the will and consciousness of the person who becomes a criminal. After all, any action in the social sphere takes place through the will and consciousness of a person. In this regard,opportunities for a more in-depth study of the will and consciousness of a person who committed a crime are opened up. This, in turn, provides an opportunity for a more thorough criminological study of the causes and conditions that give rise to crime, because they also act through the will and consciousness of a person. The application of the methodology of social naturalism in the study of the identity of the perpetrator is the future basis of successful criminological research, which will help to overcome the problems of the theory and practice to oppose to criminality. Key words: criminality, the identity of the perpetrator, opposition to criminality,criminal behavior mechanism, social-naturalistic criminology, arbitrariness and illusions complex, person's will and consciousness, criminal offence, causes and conditions of criminal offences, social naturalism.

Tactical interrogation techniques in modern crime investigation practice

The subject of the research in this scientific article is to determine the degree of effectiveness of the most common interrogation tactics in the practice of crime investigation. Analysis of the forensic literature has shown a huge variety of tactical interrogation techniques proposed by the science of criminology, most of which raise justified doubts about their scientific validity and practical expediency of their application. At the same time, there is an urgent problem of the use of specific tactics by investigative workers who have short experience in investigative work. In carrying out this research, the author used the method of description and analysis, the method of interviewing, activity and system-structural approaches, methods of statistical generalization. The scientific novelty and practical significance of the conducted research, the results of which are reflected in this article, lies in the fact that the author has identified a list of the most common interrogation tactics in the forensic literature that have sufficient scientific justification, and also assessed the degree of their applicability in the practical activities of the district level of investigative units. As a result of the conducted research, the need to revise the traditional provisions of forensic tactics in the field of interrogation and the formation of new approaches to determining the content of forensic support for preliminary investigation is determined, and the author draws attention to the need for a more critical reassessment of those forensic recommendations that are put forward by modern criminologists in terms of their viability and effectiveness.

Combating Legalization (Laundering) of Illegal Proceeds in the PRC: Criminal and Legal Aspect

The relevance of the study is due to the theoretical and real complexity of the actions that make up the "legalization (laundering) of proceeds from crime." Globalization, informatization and internationalization of public relations implies the need to go beyond interdisciplinary and domestic research on the topic of criminal law counteraction to the legalization of proceeds from crime.The purpose of the study is to identify areas for improving the provisions of domestic criminal law science, criminology and law enforcement in the field of combating money laundering based on studying the similar experience of a neighboring state - China.Objectives: to identify legal sources of criminal law counteraction to money laundering in the PRC; establish the content of the signs of the considered corpus delicti; compare the data obtained with domestic legislative and doctrinal sources; propose measures to improve the theory and practice of combating money laundering in Russia.Methodology. Dialectical, structural-functional, comparative-legal methods of scientific knowledge, methods of analysis, synthesis, induction and deduction.Results. The article reflects the results of a comparative analysis of article 191 of the PRC Criminal Code, carried out according to two criteria - a comparison of amendments to the PRC Criminal Code, a comparison of criminal law approaches to combating money laundering developed in Russia and China. The conclusion is made about an evolutionary approach to improving the mechanisms for regulating money laundering in China.Conclusions. The results obtained may be of applied importance for domestic criminal and criminological science and law enforcement practice.

СТАНОВЛЕНИЕ ОТЕЧЕСТВЕННОЙ КРИМИНАЛИСТИКИ (К 100-ЛЕТИЮ ИНСТИТУТА ЗАКОНОДАТЕЛЬСТВА И СРАВНИТЕЛЬНОГО ПРАВОВЕДЕНИЯ)

The purpose of the study: is to characterize the role of the Institute in the development of the national science of criminology, in laying the foundations for the organization and institutionalization of foren-sic research.
 Methods and objects of research: the methodological basis is presented by the dialectical method of scientific cognition. In the course of the research, private scientific methods of cognition and his-toricism were used. Thus, when presenting empirical material, formulating the results and conclu-sions of the study, methods of formal logic were used. 
 Main results and conclusions based on the results of the study: based on the study of archival documents, many of which are being introduced into scientific circulation for the first time, the role of the Institute in the development of the national science of criminology, in laying the foundations for the organization and institutionalization of forensic research was characterized.

Organization of forensic examinations in criminal proceedings as a condition for the effectiveness of the investigation of criminal offences

In the science of criminology and the activity of investigating criminal offences, organizational activity is of immense importance. One of the forms of its implementation is forensic examinations, and its improvement directly affects the achievement of the objectives of criminal proceedings. The purpose of this study was to highlight organizational activities related to conducting forensic examinations as a means of ensuring effective pre-trial investigation and trial in every criminal proceeding. To fulfil the set purpose, general scientific and special methods were used to investigate the object and subject of research: analysis, synthesis, deduction, induction, analogy; special-legal methods: comparative-legal, historical-legal, system-structural, method of system analysis. Based on the analysis of the provisions of regulations and scientific, educational, and methodological material, it was established that the organization of forensic examination in criminal proceedings encompasses the system of organizational and administrative actions of authorized subjects and lies in ensuring the proper, timely, and objective appointment and conduct of forensic examinations, as well as obtaining an expert opinion, which is required to achieve the objectives of criminal proceedings. The main stages of the organization of forensic examinations in criminal proceedings were identified and characterized. The subjects of the activity under study were classified, specifically according to the nature of the implementation of organizational actions. It was found that a prominent place among the subjects of the considered activity belongs to the investigator as the subject of initiation of forensic examinations. It is the investigator who collects and analyses materials when conducting a pre-trial investigation, decides which circumstances of the criminal proceedings need to be verified by conducting an expert examination, and evaluates the expert’s opinion. The provisions given in this paper can be used in the practical activities of individual forensic experts and forensic divisions and institutions; entities authorized to carry out pretrial investigation of criminal offences

The State and Dynamics of the Criminal Situation at the Transport Facilities of the Russian Federation in the Context of the Developing Geopolitical Crisis

Introduction. The article describes the dynamics of the criminal situation at the transport infrastructure facilities of the Russian Federation in 2022 Based on the analysis of changes in the operational situation in transport over the past five years, taking into account the influence of previously non-existent factors that arose as a result of the introduction of anti-covert measures in 2020-2021 and openly hostile actions of Western countries directed against Russia, which has been conducting since February 2022 a special military operation in Ukraine, the conditions for the development of the criminal situation in transport are considered. The analysis of the criminal situation on transport in Russia during the period under study allows us to consider the trends of crime not only from the angle of its criminal-legal nature, but also from the perspective of the influence of ongoing social processes on it. The paper identifies the factors affecting crime rates at transport facilities in the current conditions, estimates of options for possible development of the criminal situation are derived, priority areas of law enforcement agencies' activities to minimize crime at transport facilities are formulated.Materials and methods. The theoretical basis of the study was the conclusions and achievements of criminological science on crime, scientific provisions on crime as a social phenomenon, on factors affecting the dynamics of crime. General scientific and private scientific research methods (synthesis, deduction, analysis, generalization, observation, etc.) were used in the work. The methodological basis of the research was a systematic approach, comparative and problem approaches.The results of the study. As a result of the analysis of the criminal situation at the transport facilities of the Russian Federation, it was found that, starting from 2020, new factors influenced the quantitative indicators of crime in transport. The introduction of restrictive measures related to the spread of coronavirus infection, their subsequent cancellation, the beginning of the geopolitical crisis in the world, provoked by the introduction of sanctions by Western countries against Russia, restrictions on international communications. closure of airports, borders, etc. they affected the directions of preventive activities of the internal affairs bodies in transport. The conclusions and forecasts made in the article determine the trends in the development of the criminal situation in transport in 2023 and allow us to determine the most important vectors of the direction of preventive activities of internal affairs bodies. Discussion and conclusion. The article identifies and substantiates the priority areas of activity of the internal affairs bodies of Russia in transport for the most effective organization of preventive activities and combating crime.

Сучасні концепції некласичної та постнекласичної методології пізнання в контексті дослідження запобігання (протидії) кримінальним правопорушенням щодо учасників кримінального провадження

The article is devoted to the problem of researching the essence of methodology as a science as a whole, as well as specific problems of modern research methodology, in particular, in the field of criminal law and criminological science, in particular, on the basis of non-classical and post-classical approaches in methodology in the context of researching specific criminological problems of preventing the commission of criminal offenses regarding participants in criminal proceedings Attention was drawn to the fact that the discovery of a number of methodological problems (including in the field of criminological science) became a catalyst for the emergence of a large number of theoretical studies, in particular, related to new, sometimes revolutionary, conceptual approaches to the methodology of scientific knowledge in general, as well as to individual doctrines, first of all, in the fields of criminal law and criminal procedure, as well as in applied fields, in particular, sociology, statistics, psychology. Criminological science uses the methodological basis of these fields to study crime problems, in particular, in the field of socially dangerous encroachments on the rights, freedoms, and legitimate interests of participants in criminal proceedings. It was established that the modern research methodology in legal science, including and in the criminological field - in the field of crime prevention and countermeasures against participants in criminal proceedings, is implemented in the plane of the discursive direction of the general theory of systems (system approach) based on general scientific principles, as well as the principles of general philosophical classical methodology. However, in the process of conducting research in legal science, in particular, in criminology, more and more attention is paid to the doctrines of non-classical and post-non-classical methodology.

Przestępstwo wykorzystania seksualnego osób bezbronnych w Kościele katolickim. Analiza karno-kanoniczna z uwzględnieniem wybranych elementów psychologicznych

The legislator has placed the term ‘helpless persons’ in canon law. It was placed in the legal system of the Catholic Church only in 2019. The legislator has set out its legal definition. The term indicates persons who have been given protection from the crime of sexual abuse. The research has a dual purpose. The primary objective is to present people in the Church community to whom the term ‘helpless persons“ refers. The secondary objective is to show, on the basis of an analysis of canon law, the extent of protection of ‘helpless persons’ against the crime of sexual abuse. Appropriate research methods were used to conduct the study. These include the dogmatic-legal method, the historical method, the philological method, the comparative method and the analytical methods used in psychological and criminological sciences. The narrative created in the article showed that the category of ‘vulnerable persons’ includes a variety of people including children, adolescents, people with disabilities, the elderly, women and men addicted to alcohol or psychoactive drugs, residents of nursing homes and sanatoriums, and people who are unable to resist the aggression of the perpetrator. The current provisions of canon law comprehensively protect the above persons from the crime of sexual abuse. Therefore, the legislator, together with the bodies subordinate to it, should constantly observe the phenomenon of sexual exploitation and adapt the laws so that they continue to ensure the freedom, safety and protection of helpless people and punish perpetrators with appropriate criminal sanctions.

PROTECTION OF VALUES OR MANAGEMENT BY REPRESSION. ON THE FUNCTIONS OF CONTEMPORARY CRIMINAL LAW

The study is devoted to an attempt to determine whether the analyses carried out at the level of the philosophy, theory and analysis and synthesis of criminal law, as well as the approaches presented in various criminological theories can be used in debates about the goals and functions of modern criminal law. The analyses carried out are based on the reconstruction of the current state of criminal law, dominated in many countries by penal populism. The coincidence of the repressiveness characteristic of the populist approach subordinated to the implementation of the concept of extreme deterrence, with the position of the legal elite as to the goals and functions of criminal law, illustrates the state of tensions and crises in which contemporary repressive law has found itself. The image of the public debate, characterized by the unambiguity of positions combined with the lack of perceptual openness to the views presented by the proponents of opposing approaches, provides a premise for the search for rational and verifiable arguments in disputes over the shape of criminal law. Given the limitations of the analysis and synthesis of criminal law in the sphere of disputes about values, an anthropological vision and a model of social structure make it reasonable to search for premises that order the debate about criminal law on other levels. In this regard, the study presents systemic approaches presented in the philosophy of criminal law combined with an attempt to justify that, in fact, complementary elements can be seen in them. Complementing the philosophical perspective is the plane of criminal law theory, on which one can also find elements that are part of the universal approach to repressive law. Adding to this picture of modern criminological theories, the study presents the thesis that modern criminal law serves multiple, sometimes opposing functions justified by reference to other assumptions and models of social structure. The multiple functions of modern criminal law make it unreasonable to refer to the dichotomy capturing alternatively the functions and goals of criminal law either as an instrument for protection of socially valuable values or as a tool of management by repression. The text seeks to justify the position that modern criminal law performs, in part, both functions indicated above. At the same time, there are opportunities to rationally limit the use of criminal law instrumentally as a tool of management by repression in the interest of power and certain social groups. The science of criminal law, encompassing the following planes: theoretical and philosophical, can be a plane that provides premises and arguments to help resolve contemporary dilemmas. In particular, it seems that the approaches presented in the science of criminal law and criminology are not so much of an opposing and radically competitive nature, but are in fact harmonizing, containing a number of complementary elements in a complex set of assumptions and claims that make up a holistic approach to the criminal law system.

КРИМІНОЛОГІЧНА ХАРАКТЕРИСТИКА ЗАГРОЗ НАЦІОНАЛЬНІЙ БЕЗПЕЦІ УКРАЇНИ, ЗУМОВЛЕНИХ ВІЙСЬКОВОЮ АГРЕСІЄЮ РОСІЙСЬКОЇ ФЕДЕРАЦІЇ

The article examines the threats to the national security of Ukraine caused by the military aggression of the Russian Federation under the prism of criminological science. The main ones include the following: 1) human losses; 2) temporary occupation by the aggressor state of part of the territory of Ukraine; 3) significant economic losses; 4) environmental threats; 5) «mine hazard»; 6) increase in the level of criminality during martial law; 7) concentration of firearms in a large number of population. The main criminological measures are proposed to overcome (minimize the consequences of) threats to the national security of Ukraine caused by the military aggression of the Russian Federation, in particular: 1) providing a legal assessment and proper documentation of war crimes committed by the aggressor state on the territory of Ukraine, in order to ensure the principle of inevitability of criminal liability; 2) conducting permanent interdepartmental monitoring of the state and trends in the commission of criminal offenses in Ukraine with identification, analysis and assessment of their causes and conditions; 3) implementation of the software and hardware complex «Safe Country», which will make it possible to build a multi-level security management system of Ukraine; 4) improvement of the system of control over the illegal circulation of firearms, ammunition and explosives, identification of their storage places, persons who trade in such things in Ukraine and abroad; 5) international technical assistance with modern innovative means of combating criminality; 6) development, approval and targeted implementation of correctional programs of patriotic education for those convicted of collaborative activities (Article 111-1 of the Criminal Code of Ukraine), aiding the aggressor state (Article 111-2 of the Criminal Code of Ukraine) and other crimes against the foundations of national security of Ukraine, and as well as wide-ranging events of patriotic orientation in the de-occupied territories; 7) conducting permanent and targeted individual preventive work with persons with post-traumatic stress disorder; 8) further large-scale opposition to informational influence by the mass media of the aggressor state through various communication channels (television, radio, social networks, telegram channels, billboards, etc.) and other measures.