Social Danger Research Articles

Human rights violations and genocide: Lessons of Rwanda

The purpose of the article is a comprehensive analysis of the Rwandan genocide through the prism of human rights violations. To achieve this goal, such methods as historical-legal, comparative, formal-dogmatic, logical-semantic and analysis were used. The article argues that the acts of genocide clearly provide for the guilty intent and use of a state mechanism that has all the required human and material resources to implement such a plan. This feature is one of the key in terms of revealing the essence of genocide, so it can differentiate these actions from the general murder under criminal law and shows, depending on the object of distribution - life, health of a certain group of people - and motives - national, ethnic , racial or religious intolerance, hostility - its increased social danger. It is concluded that the inclusion of such a feature as one of the basic to the universal definition is urgent. This will allow to more fully implement the principle of inevitability of punishment for all perpetrators, to recognize the state as a subject of responsibility and thus will contribute to a more effective implementation of the preventive function in the international arena. The combined efforts of all nations and peoples are needed to fight, combat and prevent the crime of genocide. The positive results would be achieved only by joint efforts by using a set of various means of combating genocide.

Social Conditionality of Criminal Legal Regulation of Public Relations Related To Robotics and Cyber-Physical Systems

Robotics and cyber-physical systems form an independent layer of social relations characterized by increased social danger. This circumstance predetermines the recognition of certain categories of robots as sources of increased danger. The pace of development of robotics and cyber-physical systems is a consequence of the exponential, almost explosive growth of interest in intelligent systems under the conditions of the 4th Industrial Revolution and the emergence of Industry 4.0., actively supported by the state’s policy of “universal digitalization”. The variety of robots, a high degree of adaptability and growing accessibility for the general population are a prerequisite for the “involvement” of robots in various areas of criminal activity, up to the robots committing individual criminal encroachments on their own. As complex devices with technical, digital and energy components, robotics and cyber-physical systems are subject to processes that can cause harm to various groups of social relations. The introduction of robotics and cyber-physical systems into industry, production and the military sphere is associated with significant risks of causing harm to various objects of criminal law protection. With the growth of autonomy, robotics will steadily expand the spheres where attacks are committed with their participation. In this regard, it is required to develop mechanisms for criminal liability in the event of harm caused by artificial intelligence and robotics systems that have a high degree of autonomy in decision-making. The criteria for requesting criminal law regulation of robotics have been determined. The main reasons for the emergence of criminological risks associated with the design features of robots have been identified. Undoubtedly, the basis for criminal law is the category of social danger, which at the same time ensures the conceptual unity of criminal law norms, while simultaneously being a watershed that delimits them from other branches of law. It is extremely important to determine the boundaries of criminal law regulation, which are formed exclusively by the public danger of certain acts with the use of robotics. Thus, it should be stated that the current level of development of robotics and cyberphysical systems, as well as their involvement in the processes of the life of society, necessitate the creation of effective mechanisms of criminal law regulation.

Истоки методологических дискуссий 20-30-х годов в советской судебной психиатрии

In a historical review with the aim of analyzing the role of psychiatrists in criminological studies of the 1920–1930s, their views on the problems of insanity, social danger and approaches to the study of the personality of a criminal are considered. The correlation of these ideas with sociological and anthropological trends is traced within the framework of the positive school of criminal law, which denied the metaphysical concept of free will and, accordingly, the categories of guilt and sanity. It is shown, however, that uniting these approaches with the subsequent development of forensic psychiatry was the desire to create its natural science foundation.

Mechanisms of money laundering obtained from cybercrime: the legal aspect

PurposeThe use of computer technology to commit cyber laundering increases their social danger, creates new ways to commit cyber laundering, causes the masking of traces of cyber laundering and expands the geography of cyber laundering, while eliminating traditional state borders. That is why, the researched problems have a high level of relevance. The purpose of this research is to promote the spread of international standards in the field of combating money laundering, as well as an analysis of the mechanisms of money laundering obtained from cybercrime.Design/methodology/approachThe leading methods that were used in the article for the purpose of conducting research were a number of general scientific methods, such as analysis and synthesis, deduction, induction, forecasting, modeling, analogy and a number of special methods of study and cognition, which include comparative legal, historical legal, formal legal and structural functional methods.FindingsThe main results prospects for further research and the applied value of the material. Large-scale cyber laundering of illegal income has long become a global problem that requires a solution from all states of the world, which means that these problems can only be overcome through active interstate cooperation.Originality/valueThe article analyzes inter alia the international legislation in the field of money laundering mechanisms obtained from cybercrime and examines the activities of international organizations in this area.

The Biomedical Closet? Undetectability among HIV-positive Gay Men in India

ABSTRACT The discourse of Undetectability, referring to the effect of HIV viral suppression on forward sexual transmission, is at the heart of the current paradigm of Treatment-as-Prevention and is invested with hopes of eliminating stigma. But ethnographic examination of the way HIV-positive gay and bisexual men in four major Indian cities experience Undetectability reveals a more complicated picture. Rather than resolve the problem of HIV stigma, Undetectability enables new ways of managing it, including ethical non-disclosure in the face of social danger. This reveals three paradoxes inherent in the universalism of Treatment-as-Prevention and its reliance on biomedical solutions.

Tzar cloudy Ivan in thepsychiatric chambers

The article describes a clinical case of patient P., 43 years old, a political activist who conducted extravagant performances in the image of the Tsar, who called for a return to monarchical rule and, in connection with this, was hospitalized involuntarily in a psychiatric hospital. A comparative analysis with the actions of Pyotr Pavlenky and Pavel Krysevich is carried out, the contribution of the psychopathological to the creative activity of representatives of contemporary art is estimated. The validity of the psychiatric diagnoses exposed to patient P., the recognition of his social danger and the validity of the appointment of compulsory inpatient treatment to him are evaluated. It is concluded that freak behavior, presenting itself through actionism, performances and dissent, needs a serious psychological and psychopathological analysis. Often, such dissent becomes a way of self-realization or provocation (trolling), but psychopathology is also capable of hiding behind it. It is stated that this should in no way diminish the social significance and the creative component of the performances and actions of people considered to be freaks. In addition, it is argued that actionism should not be perceived as a socially dangerous act, and there is no reason to imprison a person or send a patient to a psychiatric hospital for compulsory treatment for performances.

Crime and Its Elements: Issues of Doctrinal Assessment

The paper examines the doctrinal problems of crime as the central institution of criminal law. The essence and content of the concept of "crime" and its features are revealed from ontological positions: an act, social danger, wrongfulness, guilt and punishability. A differentiated approach to assessing the wrongfulness and social danger of an act determines the emergence of many concepts of crime and its characteristic elements (features). The legal concept of a crime is based on the fact that the act reflects and characterizes the crime and it is the act that has a set of objective and subjective features. The author outlines some trends in the development of the doctrine of crime in the context of the global instrumentalization of criminal law and the unification of modern legal systems. The main conclusion is that the concept of a crime should be formulated through the definition of social danger and unlawfulness (a crime is socially dangerous and unlawful behavior). It is the combination of public danger and wrongfulness that forms the concept of a crime and the rest of the features are derivatives. Socially dangerous behavior contains a set of objective and subjective features of wrongfulness, which are directly enshrined in the criminal law, which also provides for an element of punishment as a measure of state influence.

Social Danger of the Crime: Constitutional Law and Criminal Law Analysis

In the Russian legal system, the crime, unlike other wrongs, is characterized as the act that has specific, namely criminal, public danger. Criminal liability in contrast to administrative liability is established for cases of high public danger. Turning to the meaningful characteristic of the phenomenon of public danger, the Russian doctrine proposed a number of theoretical constructions that in modern conditions, taking into account the need for updating the methodological framework of criminal law, can and should be reinterpreted and, to some extent, rediscovered.Parameters of the “criminal” danger are not originally determined; they do not have clear evidence and criteria, and in modern conditions they cannot be calculated mathematically accurately. It is hardly possible to determine empirically the minimum threshold at which “crime begins”, since this task is political rather than experimental and cognitive, and it is resolved in the course of implementing the criminal policy of the State. Being a characteristic of all offenses, public danger has special quantitative parameters allowing us to assert specific criminal public danger that can be presented as a generalized indicator of the risk of a wrongful act, its actual or projected consequences and the identity of the perpetrator. The danger of a wrongful act serves as a starting point in assessing the risk of the crime at the lawmaking and law enforcement levels, assessing the risk of the wrong and of the crime that represent mismatched assessment practices. The risk created by the wrong depends on the balance between two significant factors: (a) the content and hierarchy of constitutional values at which the wrongful act is directed to cause harm; (b) characteristics of the threat emanating from the wrongful act that must be real, valid and must be confirmed by the specific actions or omissions of the wrongdoer.

ECONOMIC VIOLENCE IN THE FAMILY: YPES AND REASONS FOR USE

Based on national legislation on domestic violence, the article examines the concept of domestic violence. A particular attention is paid to economic violence in the family. Any form of violence is associated with the distribution of power between partners and some certain imbalance between them. In a couple, the partner who is emotionally and/or physically stronger and more influential uses violence. Economic violence is associated with the deprivation or restriction of the right to use economic resources, in which one of the partners (more often a woman) feels a threat towards security and emotional comfort, as she is in complete economic dependence on the tyrant partner. Economic violence can manifest itself in the deprivation or restriction of the right to use property, money; imposition of property obligations; transfer of monetary obligations to the victim; the prohibition of employment, which deprives the victim of the possibility of self-realization in the future. These actions may entail mental suffering and a decrease in the mental stability of the victim of violence, which indicates psychological violence and so on. The commission of these actions is violence in the event that the partner whom they were applied to feels psychological suffering, which can lead to a health disorder, emotional dependence or a deterioration in his/her of life’s quality. The reasons for economic violence are the unwillingness of partners to discuss complex issues related to the management of economic resources before starting a relationship; unwillingness of one of the parties to take responsibility for their lives, completely falling under the dependence of the other partner, including in financial matters; violation of the personal boundaries of another partner, the desire to manipulate him/ her and, as a consequence, the dependence of one partner on the other and so on. The criteria for distinguishing between criminally punishable domestic violence and domestic violence as an administrative offense are signs of systematicity and social danger. It is proposed to reveal the content of the forms of domestic violence enshrined in Art. 126–1 of the Criminal Code of Ukraine, taking into account the content of the objective side of other articles of Section II, IV of the Special Part of the Criminal Code of Ukraine; enforce in the footnote to Art. 126–1 of the Criminal Code definition of the concept of “systematic”.

Selected aspects of social danger of crime theory

The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study.
 The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality can an act and its consequences be integrated into a general conclusion about the danger of a crime bia separate assessments of the danger of an individual. Among these factors, an act as a consciously volitional unlawful behavior of a person plays a special role. The act and its danger are an independent subject of assessment by the legislator and law enforcement body; the assessment of the danger of the act and the assessment of the danger of the crime are different types of assessment practice.

The concept of a dysfunctional family and its social danger

The article gives the concept of a family in a socially dangerous position and its social danger, offers and recommendations for the prevention of offenses committed in the family and domestic sphere as well as their causes and conditions, factors causing an unhealthy family climate.

Public danger and mechanisms for preventing damage to land

Deterioration of the quality of the environment, including its natural component - land, is becoming stable in modern conditions. Within the framework of this study, the need to form preventive mechanisms for damage to land is substantiated based on the content of its social danger. However, for full-fledged mechanisms that are really capable of realizing soil protection, the assessment of public danger should be carried out based on the actual data of the harm caused, while relying on indicators of environmental pollution of soils, necessarily taking into account the sphere of human activity that they are produced by. Thus, the results of the study showed that the greatest anthropogenic impact on the soil is exerted by industrial facilities, the harmful effect of which has no opposition from the imperative mechanisms of prevention. The elimination of this gap and the development of appropriate mechanisms for protecting the land, its properties and qualities in connection with the functioning of the industry can bring the system of prevention of such acts to a new, higher level.

Criminal Influence and Problems of its Definition in the Criminal Code of Ukraine

The article researches the term “criminal influence” which was introduced to the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) by the Law of Ukraine “On amendments to the Criminal Code of Ukraine regarding liability for crimes committed by criminal community”, and its correlation with the institute of complicity in a crime, in particular with objective elements of accomplices in a crime, as well as with illegal influence. The author concludes that there may be one narrow and two broad types of understanding of this term. Moreover, criminal influence may be considered not only from the criminal legal but also from the criminological point of view. Criminal influence is a part of the broader term of illegal influence. However, in contrast to other types of illegal influence, criminal influence, due to its social danger, is limited by the state specifically by the means of criminal law.The term of criminal influence introduced to the Ukrainian criminal legislation has serious gaps, so that it is extremely poor and practically inapplicable. Moreover, not only this term defined in the note to Art. 255 of the CC of Ukraine, but also corpus delicti provided for in Art. 255-1 of the CC of Ukraine (intentional establishment or dissemination of the criminal influence in society) should be substantially revised. The usage of general formulations and abstract concepts in the disposition of Art. 255-1 of the CC of Ukraine, as well as non-exhaustive lists of objective and subjective elements in the definition of the term of criminal influence violates the principle of legal certainty as a part of a broader rule of law principle. Bringing individuals to the criminal liability for committing crimes related to the criminal influence (intentional establishment or dissemination of the criminal influence in society and request for its application) or conviction of individuals for these crimes with a high probability will cause substantial violations of fundamental principles of criminal law and human rights.

The Social Dangers Of The Crime Of Abuse Of Power Or Position: Problems Of Theory And Practice

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.

Коррупционная преступность сквозь призму «мертвых» статей Уголовного кодекса

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

Противодействие коррупции в условиях пандемии коронавируса

Despite the COVID-19 coronavirus epidemic, corruption remains one of the most serious threats to Russia’s national security. Taking into account the social danger of this problem, we carried out a detailed analysis of the dynamics of corruption crime in the country for 10 months of 2020, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of unclaimed articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and level its main principle — the inevitability of punishment for corruption crimes.

Criminal-legal significance of compensation for harm from a crime

The study is devoted to the substantiation of the criminal-legal significance of compensation for harm from a crime. To fight crime and other offenses, the criminal procedure law aims at creating property barriers to the illegal and unjustified use of objects of all forms of ownership, ensuring the return of property to the victim or compensation for harm. The protection of violated subjective rights can be carried out not only with the help of civil legislation but also criminal and administrative ones. In cases of compensation for harm from a crime, the unlawful act acquires a new qualitative state, reflecting not only the inconsistency of behavior with legal norms but also the social danger, that is, its damage to the civil society and the rule of law.

Trends and methods of fighting cybercrime in the Russian Federation in terms of the transition to a digital economy

The article deals with the problem of combating cybercrime in the Russian Federation in the context of its transition to the digital economy. Society and the state in the 90s and early 2000s did not recognize the danger behind cybercrimes. The concept of absolute freedom of dissemination of information, which existed at the time, and other factors have led to a high increase in cybercrime today. The authors concluded that the situation changed only in the last decade, when they began to fight against cybercrime in a comprehensive manner. The article also discusses the issue of delimiting cybercrimes from related criminal acts. The Russian Federation has recognized cybercrime as the main threat to state security and the stability of society. This is reflected both in the development of criminal-legal measures to combat cybercrimes and in preventive measures of an administrative nature. Objects of the so-called critical information infrastructure received special legal protection. The article also reviewed the social danger of some cybercrimes having been already liable to criminal responsibility.

Poreska utaja kao najteži oblik poreske evazije - osvrt na zakonodavstvo i praksu u Srbiji

Bearing in mind that taxation reduces disposable income, taxpayers' resistance to tax compliance is quite understandable. For this reason, the contemporary financial theory and practice pay special attention to the popularization of taxes, with special reference to the purpose of taxation. Taxes are acceptable to taxpayers insofar as they are used for funding public goods which are at the disposal of taxpayers as beneficiaries. Unlike other criminal offenses, where the detrimental effect may be directly visible, the immediate detrimental effect of tax offenses is not transparent. It generates a significant problem: there is a psychological effect that tax offences cause little or negligible social danger, which cannot be accepted as true. In effect, tax offenses entail very harmful and socially dangerous conduct because they threaten the fiscal interests of the state. Timely payment of taxes and other dues ensures continuity in financing public needs and provide for the proper functioning of the state. In case of tax evasion, or tax fraud as its most aggravated form, the state is deprived of the amount of revenue that would have been collected had all taxpayers abided by their tax liability. This paper focuses on the normative framework in the Republic of Serbia and the basic issues arising in practice, which are the result of the long-standing lenient penal policy of Serbian courts and numerous problems encountered in tax evasion proceedings (ranging from difficulties in conducting a financial investigation to the judges' professional competences and relevant knowledge to adjudicate cases in this field). In view of the harmful consequences for the fiscal system of the state, the question arises whether tax evasion and tax fraud have been relevantly criminalized in Serbian legislation. It seems that the latest amendments, which have increased the census (the amount of evaded tax) for the existence of this crime, will entail "moving away" from an adequate condemnation of such socially unacceptable conduct. This can only adversely affect the already low level of tax morale in Serbia.

ОПЕРАТИВНО-РОЗШУКОВА ПРОФІЛАКТИКА ЗЛОЧИНІВ, ПОВ’ЯЗАНИХ З ГРАЛЬНИМ БІЗНЕСОМ

The article is devoted to the study of the implementation of operational investigative prevention of crimes related to the gambling business. The purpose of this article is to study the issues of operative and investigative prevention of crimes related to the gambling business. Operative investigative prevention is defined by the author as the activity of OСА subjects, which is carried out with the use of operative investigative forces, means and methods (overt and covert) with the aim of identifying the causes and conditions that contribute to the commission of certain criminal offenses, and reacting to them in order to prevent criminal activity of a certain type, as well as the prevention of criminal activity of specific persons (identification of persons who are trying to commit a crime, and implementation of certain measures against them with the aim of preventing the implementation of their ideas, plans, preventing the transition from intention and planning to the stage of preparation for committing a criminal offense). It has been established that the prevention of crimes related to the gambling business includes general prevention (detection of reasons and conditions that contribute to the commission of certain crimes) and individual prevention – prevention of crimes (identification of persons who plan to commit a crime or intend to start preparations for committing it, and taking certain measures against them in order to prevent the implementation of their plans). General operational prevention includes actions to identify reasons and conditions that contribute to the commission of a certain type of crime, i. e. preventing the formation of criminal intent in the future in persons prone to committing criminal offenses or in persons who use certain reasons and conditions. Operational and investigative measures of individual prevention involve working with a specific person who is prone to commit such crimes, or operative units have become aware of his intention to commit such a crime, and involves the application of operational and agency measures to such a person, taking into account his social and official position, individual features of its character, the type of crime, the commission of which the person plans or intends to start preparing for its commission, the level of its social danger, the person’s commission of other crimes before this, his intention to act independently or in complicity with other persons, etc.