... Найбільше успіхів ми досягаємо у тому, до чого маємо найліпший хист (Античний вислів) ...

Головне меню

Міжнародна науково-практична конференція 06.03.19 - СЕКЦІЯ №5
Motives of committing corruptible and other criminal offences in the sphere of punishment execution of Ukraine – they are intentions formed under the influence of the corresponding social environment and life and professional experience to commit corruptible or other criminal offence because of inner direct reason, and which reflect their personal attitude towards the object the social dangerous illegal and punishable action are aimed at, and which became the result of influencing some negative conditions, way of life and specific life situation.
Thus, the system-forming signs reflecting the content of the marked concept are as follows:
1. They are person’s illegal intentions. In science intention implies a plan, desire to do something [1, p. 289]. Criminologists call intention a direct inducement [1, p. 289]. At the same time they urge that the motive should not be considered «initial moment of crime», «primary stimulating reason», because needs, interests, attitude, being the subjects, stand before a motive in a stimulating process. Furthermore, the sense, that is, a purpose defining the reason of impulse is important in this process too. So, as criminologists state, impulse (intention) is just impossible without sense, that should not be identified with a motive, since they have the role and function of their own in the stimulating and on the whole determination process [1, p. 289].
2. The indicated person’s intentions are formed under the influence of the corresponding social environment and life and professional experience of social relations. To form means literally to make something have a particular shape or appearance; to mould particular features of character in somebody, etc. [3, p. 714]. Forming criminogenic and further criminal motivation is a result of deepening antisocial direction, acquiring more distinction, intensity, firmness, and above all, social danger which is qualified by antisocial attitude to main conditions of society vital function, that is, by socially dangerous manifestations, formation criminal motives [1, p. 292]. 
3. PEI staff officials are subjects of criminal intention realization, who are an integral part of SCES personnel. According to the requirements of art. 14 of Law of Ukraine «On State criminal and executive service of Ukraine» SCES consists of the following people: a) private men and commanders; b) specialists without special ranks; c) civil servants; d) other people working on a lab our contract. But at the moment of committing corruptible or other criminal offences in the sphere of punishment execution of Ukraine the above mentioned subjects must have SCES personnel status (there must be an authorized person’s order about including in the office staff). As p.2 of the Plenum Resolution No.15 26.12.2003 of the Supreme Court of Ukraine «On Court practice in cases of exceeding power or official commissions» indicated, courts are obliged to demand materials of criminal cases of exceeding power of official commissions, copies of normative and legal acts, provisions, instructions, other documents explaining the character of official’s commissions [2, p. 254]. In broader sense, according to p.2,3 art.11 of CEC of Ukraine PEI personnel includes the people working (serving) in a) prisons; b) correctional centres; c) educative colonies; d) penal colonies; e) investigative isolation ward, in cases when these people punish convicts (those left in IIW according to art. 89, 90 of CEC).
4. Illegal intention is aimed at committing corruptible and other criminal offences in the sphere of punishment execution of Ukraine. The crime notion is given in art.11 of CC of Ukraine, and crime classification (minor, average, felony and grave) – in art.12 of the same Code. Then the stages of crime committing are defined in art.13-15 of CC, each of them contains criminal responsibility (art.16 of CC), if the person guilty of committing a crime on the stage of its preparation or of attempt does not refuse voluntarily (art.17 of CC). It appears that even with formed intention (stimulus) of committing corruptible or other criminal offence the person cannot realize it either because of the reason that didn’t depend on him (art.15 of CC) or of his own will (art.17 of CC).
5. Illegal intention to commit corruptible or other criminal offence in the sphere of punishment execution of Ukraine became the result of guilty person’s inner direct reason. A person’s criminal motivation, that is, practical activity, subjects of which are motives: their emerging, forming, realization in intention and decision to commit a crime is such a reason [1. p. 291]. As practice and results of special criminological researches (168) prove, criminal motivation (exactly intention) isn’t formed at once. In the context of antisocial and socially dangerous (not criminal) motivation a person gets motives referring to the matters belonging to main conditions of society’s vital functions and mainly through intentions and high probability to use criminally forbidden means and forms of activity concerning these motives realization, motivation of the latter passes through criminal stage when criminal motivation has not been formed yet, but is only criminally oriented. Scientists call such orientation and motivation criminogenic [1. p. 291]. It is just the content of direct reason of committing corruptible and other criminal offences by any person, including the sphere of punishment execution of Ukraine.
6. A person’s illegal intention to commit corruptible or other criminal offence in the sphere of punishment execution of Ukraine expresses his personal attitude to the object the socially dangerous, illegal and punishable action is aimed at. Again, as practice affirms, criminal motivation can be different or completely absent in different types of crimes [1, p. 29].
7. Illegal intention to commit corruptible and other criminal offence in the sphere of punishment execution is formed in a guilty person as a result of influencing certain external negative conditions, way of life and a particular life situation. A.P. Zakaliuk divided the following influences of conditions of ways of life: a) the influence of society’s way of life on the whole; b) the influence of its criminal social communities; c) the influence of small groups (micro-environment); d) the influence of individuals [1, p. 294]. He is convinced society’s way of life can influence criminal orientation and motivation formation directly or indirectly through the way of life of separate social groups [1, p. 294]. As A.P. Zakaliuk remarked, these conditions are realized through deeds, behavior of certain people of appropriate environment, especially influential, ‘experienced’, informal authorities, distinguished out of already convicted people. Besides, the facts of conciliatory attitude towards such people, fawning over them, supporting ‘traditions’ in the criminal surrounding have strong criminogenic influence [1, p. 296]. Moreover, communication with such people, following their customs and traditions often speed up criminogenic motivation, forming the motive of a crime [1, p. 296]. Besides different forms and conditions of way of life in different social groups and social roles some other phenomena of social reality including specific life situation influence criminogenic motivation. In this connection A.P. Zakaliuk made a conclusion that a criminologist takes interest in a specific life situation, in which a person’s antisocial direction, its intensity, acquiring socially dangerous features, criminogenic orientation and motivation, transformation of the latter into criminal one, and finally into crime committing motive are formed [1, p. 301].
So, on the whole, such is the content of the notion «motive of committing corruptible and other criminal offences in the sphere of punishment execution of Ukraine». Practical significance of the investigated conception consists in the fact that the problems not regulated in the law but faced in life are defined in this work, they are worth taking into account while organizing preventive activity, connected with committing corruptible and other criminal offences in the sphere of punishment execution of Ukraine because of this or that motive, with neutralizing, blocking, eliminating direct or indirect determinants of the indicated types of crimes.

1. Zakalyuk A.P. Kurs suchasnoyi ukrayinskoyi kryminologiyi: teoriya i praktyka: [U 3 kn.]. Kn. 1 Teoretychni zasady ta istoriya ukrayinskoyi kryminologichnoyi nauky. Kyiv: vydavn. dim «In Yure», 2007. 424 s.
2. Pro sudovu praktyku u spravax pro perevyshhennya vlady abo sluzhbovyx povnovazhen: postanova Plenumu Verxovnogo Sudu Ukrayiny vid 26.12. 2003. № 15 // postanova Plenumu Verxovnogo Sudu Ukrayiny v kryminalnyx spravax / uporyad. V.V. Rozhnova, A.S. Syzonenko, L.D. Udalova. Kyiv: PALYVODA A.V., 2011. S. 254—258.
3. Velykyj tlumachnyj slovnyk ukrayinskoyi movy / Uporyad. T.V. Kovalova. Xarkiv. Folio, 2005. 767 s. 

Додати коментар

Захисний код

English French German Polish Romanian Russian Ukrainian
Національний розвиток держави і права повинен ґрунтуватися, у першу чергу, на:
На Вашу думку чи забезпечують реалізацію принципу верховенства права законодавчі реформи 2018 року?
Система Orphus
Повну відповідальність за зміст опублікованих тез доповідей несуть автори, рецензенти та структурні підрозділи вищих навчальних закладів та наукових установ, які рекомендували їх до друку.

Лічильники і логотипи

Актуальна Юриспруденція