ON THE CONTENT OF THE MOTIVES OF EXPRESSION OF CRIME BY SOME SUBJECTS IN THE FIELD OF IMPLEMENTATION OF UKRAINE’S PENALTIES
Journal Title: «Приватне та публічне право» - Year 2018, Vol 3, Issue
Abstract
The article analyzes the system-forming features that make up the meaning of "the motives of the crimes committed by the personnel of the penitentiary institutions", as well as substantiates its theoretical and practical significance in the context of the need to improve the activities related to preventing crimes from these individuals. In the criminal aspect, the motive is seen as a sign of the subjective part of the crime, which is understood as awareness of the motive of the person, which caused her to resolve to commit a crime, is an integral mental entity that prompts the person to commit a socially dangerous act and is its basis. A similar approach to the definition of the motive of the crime is also applied in the Legal Encyclopedia. In criminological guides, the motive for a crime is considered to be caused by external or internal stimuli, determined by the properties of the individual, an integrated mental entity that induces behavior aimed at eliminating the mental stress of the realized actualized needs of a biological or social nature by violating the criminal prohibition. In general, such a definition is fully consistent with the general historical content of the concept of the offense. In the narrow and broad aspects, this concept is considered in educational-methodical editions on the course «Criminology». Thus, O.M. Dzhuzha transmits the motive of the crime through the motivation of criminal behavior, believing that the former is an important internal determinant of the behavior of the offender. At the same time, in his opinion, neither the motive, nor the motivation, nor the formal ability to selectivity, formed in the process of life, do not determine the content of the decision, controlled by the consciousness and will of the subject. An analogous approach can be found in the works of A.M Boyko, who is convinced that in being and in the activity of the social individual not only intersect, but different lines and motives of the social process converge – they synthesize new social qualities for the preservation or modernization of the old. Based on the analysis carried out, and taking into account that the concept of «motives for committing crimes by the personnel of penitentiary institutions» has not been deduced at the doctrine level, it is worth noting that this is an essential theoretical and applied problem that needs its solution in the context of its relevance and practical significance. These circumstances became decisive when choosing an object (personnel of penitentiary institutions) and the subject of this study (the motives of the crimes committed by the personnel of penitentiary institutions), as well as determining its main task – to carry out a scientific analysis of system-generating features that make up the meaning of the concept of "motives the commission of crimes by the personnel of penitentiary institutions ".
Authors and Affiliations
В. І. Руденко
Keywords
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