... Роби велике, не обіцяй великого (Піфагор) ...

Головне меню

Науково-практична Інтернет-конференція 14.06.2018 - СЕКЦІЯ №5
Given that criminality is an objectively existing integrated system, and guided by the necessity of analogous counteraction to it by the side of subjects of general and individual prevention, the problems of complex and individual planning of measures regarding the prevention to crimes in the IES, are worth to be recognized extremely relevant today. 
Under criminological planning in the science it is understood as the process of developing goals and tasks of the combat crime, ways and means of their solution and provision (normative, information, resource, etc.) for a certain period [1, p. 59]. In addition, as the O.M. Dzhuzha had right concluded, this is a purposeful process of developing an action plan as a variety of management decision, which is filed in the form of a system of mutually agreed and interrelated measures that need to be carried out in an established sequence and within specific time frames with the order to achieve the intended purposes [2, p. 165]. At the same time, criminological planning in the IES can only be effective if it is recognized as an element of the social management system, in particular, for crimes prevention actors. Like any activity, criminological planning in the colonies should be based on certain principles, namely of:
1) the scientific validity, the content of which lies in the fact that planning should be based on a base of scientific analysis of objective reality, in conditions of which the plan will be realized; 
2) the legality, which predicts the development of plans in accordance with the current legislation; 
3) the actuality, which recognizes the need in the planning process to determine the priority ways of crime prevention;
4) the reality that requires taking into account the objective capabilities of crime prevention actors;
5) the specificity, which provides unambiguous content of the planned activities, timing of their implementation, of the subjects of implementation and control;
6) the consistency, which means the harmonization within the plan of all its constituent parts so that they do not contradict each other;
7) the subordination, which lies in subordination of measures of short-term plans to long-term, lower levels of the subjects of prevention - by higher; 
8) the informativeness, which is considered in two aspects:
– firstly, this principle means making a plan on the basis of full its reliable information;
– secondly, the plan should be designed in such a way that as little as possible, the landmark array would contain as much necessary information as possible. 
Consequently, the specified principles are intended to streamline not only the process of criminological planning in the IES, but also the activity of subjects of crime prevention. At the same time, the principles of planning, according to scientists, which we share, can not contradict the principles of the activity of the direct specified subjects.
As the analysis showed, as well as any other type of activity, criminological planning in the IES has its stages, the main of which are:
a) the preparatory, during which the collection and processing of criminological information, the determination of the main tasks for the planned term;
b) the collection of proposals during which the person, who responsible for drawing up the plan, proves the information, that is received at the preparatory level to the management of the subjects of the prevention, and then summarizes their proposals and brings to the appropriate plan. At this stage, as practice shows, the persons, who responsible for drawing up plan, are exposed to a number of problems that further adversely affect its content, namely:
– in connection with the absence of the wording of the term "criminological information" in the current legislation of Ukraine, in practice it includes various information about convicts (phenomena, events, etc.) which are connected with the vital activity of the latter (operative information, that received as a result of OIA; information on earnings in the IES, etc.). Such mass of information do not allows the creation of an objective "portrait" of a person, who is the object of preventive influence, and leads to the ineffective use of existing forces and means and formalism in determining ways and means to achieve the purpose of this activity;
– the normative acts do not specify the structure of such a plan, and therefore, as a rule, in practice it consists by the form of other existing plans (work of services, IES, organizational, tactical, etc.). This approach levels out the content of criminological planning and further work regarding the realization of this type of activity of the administration of the IES. That is why, each year (1991-2017) the determinants of crime remain almost unchanged in the colonies;
– the information of external sources is not mandatory (in accordance with the Law of Ukraine "On the State penal service of Ukraine", it is the right, and not the duty of the administration of the IES) with individual and complex planning of preventive measures. At the same time, the receiving only unilateral information about phenomena and processes of crime and the use of mostly only departmental data in this context (inside the system of the SPSU) do not allow to neutralize, block, etc., all detected determinants of crime in the IES;
– the disorganized circumstance when collecting proposals to the plan act different motivation and purposefulness of the subjects' work, who are the bearers of such information (production, financial and other services of the colony), and the absence of coordinating bodies or officials of the specified activity.
  c) the harmonization of the plan, which involves coordinating the actions of individual subjects, taking into account its available resources, as well as harmonization of measures of the lower-level bodies with plan of the higher ones;
d) an approval of the plan, the content of which is that the manager of responsible subject of crimes prevention, checking the conformity of plan with the main task, which facing him and with plan of the higher ones, approves it. At the same time, at each stage, the subject of planning must choose the most appropriate methods of activity (sociological, mathematical, etc.), by laying to the basis the control the implementation of the plan.
  As shown by the analysis of scientific literature, planning is closely related to criminological predicting. 
The results of this study indicate that the main difference between forecasting and planning is that in the first case the connection of the modern with the future, the actual state of crime with its state in the long run is revealed. In planning, another issue solves – how need to act in order to achieve the desired result in the future. Moreover, criminological planning is possible under certain conditions, namely:
– the specific ultimate goal must be specified so that the planning process does not become disorderly actions;
– the time should be determined within which this goal can be achieved;
– it is necessary to establish the means which will be used for realization of the set tasks;
– the ultimate goal should not be tightly tied to the means of its implementation. This conclusion is due to the fact that in the IES carry out activities different in nature units that have their own methods and means of achieving the goals, in this regard, in planning, it is unlikely that it is expedient to unify the means of realization of the planned measures. In this case, the purpose of criminal punishment must remain the sole and unifying condition.
Consequently, in the most general form, the planning of crime combating in the IES should be considered as a developed system of measures, that are aimed at deterrence this phenomenon, detecting, eliminating, blocking, etc., determinants of crime. As the analysis showed, the documents, in which the specified measures are reflect, have a variety of names: the plans for measures of elimination the circumstances of the committed crimes, the measures regarding prevention crimes, the crimes prevention plans, joint measures of law enforcement bodies, comprehensive targeted programs of crime combating, etc., in addition, in the SPSU, criminological planning has other features:
  – first, until now, unlike other law enforcement bodies, planning is called not criminological, and planning measures regarding crime combating;
– secondly, the specified plans have a short term and are usually consisted in the facts of committing crimes in the IES (a plan for eliminating the causes and conditions of the committed crime, a plan for the prevention of extraordinary events and crimes in the colony, etc.);
– thirdly, medium-term and long-term plans for combating crime in the IES are not being drawn up, they are the constituent elements of the plan of the colony's work for a certain period (as a section, chapter, etc.);
fourthly, the plans for combating crime in the IES have not yet become part of the overall plans for combating this phenomenon in a particular region and populated area, that are drawn up by law enforcement bodies, as well as the plans of social and economic development, which are formed by bodies of state executive power or local self-government bodies.
1. Антонян Ю.М. О понятии профилактики преступлений. Вопросы борьбы с преступностью. 1977. Вып. 26. С. 28—29.
2. Аналіз стану криміногенної обстановки в установах виконання покарань кримінально-виконавчої системи за 1998-2003 рок. Київ: Державний департамент України з питань виконання покарань, 2003. №4 / 1-214. 31 жовт. 5 с. {jcomments on}

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 2020 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