TO THE PROBLEM OF CRIMINALIZATION OF «DEATH GROUPS» IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article deals with the problem of the existence of factors criminalizing the activities of individuals in bringing others to suicide by engaging them in “death groups” in the Internet. It is emphasized that despite the clearly expressed social danger of such communication between adolescents and the organizers of such groups, neither scholars nor legislators have given the appropriate legal assessment of the activity of these groups. To achieve the goal, the authors examined the issues of the conceptual apparatus, namely: “the group of death”, the criminalization and grounds for criminalization. Within the article the content of such factors of criminalization of the activities of «groups of death» is revealed as: the degree of social danger of acts; relative prevalence of an act and its type; the dynamics of socially dangerous acts taking into account the causes and conditions that give rise to them; the possibility of influencing acts by criminal means in the absence of other means of struggle; taking into account the possibilities of the criminal justice system; material and moral damage caused by acts; absence of negative consequences of a criminal law ban; the availability of material resources for the implementation of criminal law influence; features of the legal culture of the people; the level of public awareness and historical traditions. A conclusion is made about the existence of such factors and the possibility of criminalizing the activities of moderators of such a category of groups in social networks in the Internet space of Ukraine.
Authors and Affiliations
М. І Фіалка, Я. О. Закоморний
Keywords
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