Criminological Security of an Individual and an Individual’s Right to Criminological Security as Strategic Planning Priorities in the Russian Federation: A Theoretical-Legal Aspect of the Problem

Abstract

The problems of the growing crime level in the modern conditions of instability and transformation, as well as the activization of radical and extremist sentiment, encourage the interest of researchers to the questions of ensuring criminological security in general, and criminological security of an individual in particular. In the current situation, the protection of an individual, and an individual’s constitutional rights and freedoms against crimes, is an indicator of the effectiveness of ensuring national security of the state. It was first stated in the Strategy of National Security of the Russian Federation that the preservation of the people of Russia and the development of human potential are the top strategic national priority. The implementation of this priority seems impossible if the state does not create the conditions that will neutralize and (or) minimize the risks and threats of criminogenic character, thus allowing individuals to freely exercise their constitutional rights and freedoms. The authors attempt to provide a theoretical understanding of such interrelated categories as «criminological security», «criminological security of an individual», «an individual’s right to criminological security». They present a new approach to defining these terms from the standpoint of the impact of state policy in the sphere of strategic planning, which is relevant within the practice of public administration. The authors use this new approach to try and step back from the paradigm established as far back as the 1990s — security through protection, and to transition to a new one — security though development, which corresponds to the key principle of modern strategic development — the unity and interconnection of the tasks of socio-economic development and the provision of national security. The authors recognize the normative institutionalization of an individual’s criminological security as the right of an individual to criminological security, or the right to protection against crime. This is, by its nature, a fundamental right, it has a natural law character and acts as a guarantee for other constitutional rights and freedoms by an individual. Ensuring this right is one of the priorities of strategic planning. Unlike many natural rights, an individual’s right to criminological security is most vulnerable from the standpoint of guarantees, as it is dependent on many factors, including the socio-economic stability of the country. The authors have analyzed the strategic planning documents in the sphere of ensuring the criminological security of an individual and an individual’s right to criminological security. The establishment of their interconnection and continuity within the creation of a single architecture is stressed.