Theory and practice of jurisprudence最新文献

{"title":"Problematic Issues of Definition of Digital Forensics","authors":"Anatolii Tiapkin, Ihor Lushchyk","doi":"10.21564/2225-6555.2023.23.281734","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.281734","url":null,"abstract":"In the scientific literature and mass media, the terms “digital criminalistics”, “digital criminology”, “digital forensic examination” are used without distinction and sometimes even interchangeably. As they have a similar orientation and are closely related to each other, the question arises of how to differentiate these concepts and clarify their meaning. Scientific and technical progress in the field of crime counteraction, as well as general digitization of all spheres of society, are closely linked to the development of a new field of forensic knowledge: digital forensics and the use of digital evidence in the process of proving. An important direction in criminology is the integration of knowledge and the introduction of cutting-edge, innovative scientific advancements aimed at addressing the challenges of combating crime. Digital criminalistics is developing rapidly in Ukraine. Its progress is fueled by new challenges arising from Russian Federation aggression and the necessity to develop new remote electronic tools for the search, collection, recording, and analysis of criminal evidence. The advancement of digital criminology takes place according to three primary directions: 1) the formation of a separate scientific field within criminology; 2) application of specific expertise in working with digital evidence; 3) conduct of forensic examinations, including computer-technical examinations. The Article Purpose is to analyze the views of scholars regarding the conception of digital criminalistics and its subject, as well as to classify the main directions in ensuring legality and combating crimes in this field. The research methods employed encompass general scientific theoretical methods, including analysis (which facilitated the differentiation of such concepts as “digital criminalistics”, “digital criminology”, etc., allowing to study them separately), synthesis (in the process of integrating various forensic concepts into a unified whole), abstraction (during transition from specific concepts related to certain types of forensic examinations to abstract forensic categories), and generalization (which enabled the transition from the analysis of individual areas of digital criminalistics to the understanding of a holistic concept) and explanation of individual concepts related to the field of digital criminalistics, as well as application of systematic, functional, and comparative methods to determine similarities and differences among specific concepts related to the research topic, aiming to identify common and distinct. Additionally, a systemic approach is used to study the concept of “digital criminalistics” as a holistic set of elements within a framework of relationships and connections.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"45 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139154112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Exploitation copyrights for a work created by an employee: trends, shortcomings and advantages of legal regulation","authors":"N. Yarkina","doi":"10.21564/2225-6555.2023.23.278100","DOIUrl":"https://doi.org/10.21564/2225-6555.2023.23.278100","url":null,"abstract":"The problems of legal protection of rights to works created by employees in connection with the performance of an employment contract are related to the definition of their legal regime and subjects of exploitation rights. The relevance of the study of these issues is due to the prevalence of legal conflicts between the author - employee and employer; the lack of an established practice of concluding agreements on the distribution of exploitation rights to a work between these entities; inconsistency of legislative provisions and repeated changes in legal regulation. When conducting a scientific study, the tasks were to analyze the process of transformation of the legal regime of works created by an employee under the legislation of Ukraine, to determine the advantages and disadvantages of legal regulation, to study the experience of regulating similar relations in European countries. The purpose of the work is reflected in the formulated conclusions regarding the optimal model of regulation of these relations in the context of balanced protection of the rights of their subjects. The study of the outlined relationships was carried out using a number of scientific methods, in particular, dialectical, formal-logical, analysis and synthesis, system-structural, formal-legal, comparative-legal, logical-legal, method of interpreting legal norms, prognostic, method of legal modeling, logical and legal method. Studying the issues of practical application of the provisions of the legislation, judicial  protection of the relevant rights, analysis of the positions of scientists and practitioners made it possible to draw a conclusion about the ineffectiveness of the model of regulation of joint copyrights of the employer and the employee. The current state of the studied relations, the experience of their regulation in European countries, the need to harmonize the law of Ukraine with the law of European countries prove the expediency of providing exploitation copyrights for works to the employer, as well as the possibility of including the copyright fee in the employee's salary. At any stage of the relationship, the employee and the employer retain the legal opportunity to enter into an agreement on the legal regime of works, the legal fate of exploitation  rights to them, payment of royalties for the performance of certain tasks, etc. In order to eliminate conflicts between legal norms, in accordance with the established principles of copyright, amendments to the legislative provisions are proposed. In particular, it is proposed to provide for the emergence (rather than the transfer) of exploitation copyrights from the employer, as the primary subject, from the moment of creation of the work. The need to exclude from the law the norm on the employer's right to instruct other employees to complete, supplement and change  works without the consent of their author is substantiated, since such actions can violate the author's moral right and harm his creative r","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"3 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139153593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Contract оf Custody оf Virtual Assets (Cryprto Custody) According to the Legislation of Ukraine","authors":"Anton Donets","doi":"10.21564/2225-6555.2022.2.267943","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.2.267943","url":null,"abstract":"The work examines the issues of legal regulation of the virtual asset storage contract in Ukraine, taking into account the provisions of the recently adopted Law of Ukraine \"On Virtual Assets\". The relevance of this topic is due to the rapid spread in the fields of economy, science, art, etc. of relations with virtual assets and the lack of their proper and sufficient legal regulation. The purpose of the work is to solve the problems related to finding out the ability of a virtual asset to be the subject of a custody agreement, determining its value characteristics that determine the need to ensure its safety, and conducting proper qualification of \"custody\" contracts that are used in relations with virtual assets. With the help of selected research methods (dialectical, comparative legal, formal legal, method of analysis and synthesis), the main features of an object new for private law were determined, which determine its value for turnover and the specificity of use, which is reflected in the possibility of application to it certain contractual structures, in particular, a storage agreement. On the basis of the analysis of the practice of using this contract and the study of the legal nature of the specified relationships, a conclusion was made about the doctrinal impossibility of applying the construction of the custody contract to the latter. At the same time, the need to protect and protect the rights of the owner of a virtual asset from illegal encroachments by third parties is an urgent problem, which is due to the popularity of virtual assets and their inflated cost. Taking into account the peculiarities of various types of virtual assets, it is possible to assert different volumes and content of the category of safekeeping as part of the subject of the storage contract. Therefore, there is a need for the correct qualification of those contractual structures that are currently used as contracts for the storage of virtual assets. And the need to define such a contract that would ensure the safety of the virtual asset/virtual asset key, taking into account the characteristics of the latter. It is emphasized the need to research and rethink the paradigm of applying the custody agreement only to material objects of civil legal relations.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128410044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Social Conditions оf the Criminalization of Collaborative Activities іn Ukraine","authors":"A. Sorokin","doi":"10.21564/2225-6555.2022.2.267651","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.2.267651","url":null,"abstract":"The application of criminal law measures or criminal liability for violation of legal norms is an exclusive and particularly strict measure of state coercion, therefore the question of the feasibility and correctness of introducing a new article into the criminal law is extremely urgent. The purpose of the article is to clarify the essence and grounds of criminalization of collaborative activities in Ukraine. The methodology consists of terminological, system-structural methods, the method of analysis and synthesis, and logical-deductive. It is noted that social conditionality is the state’s response to society’s need to introduce a new level and quality of guarantees of legality. The main task of social conditionality is the study of the circumstances that affect the creation of norms and institutions of criminal legislation and their effectiveness. It has been proven that the criminalization of collaborative activity is conditioned by a number of reasons (the existence of socially dangerous behavior that requires a criminal law prohibition, the relative prevalence of socially dangerous acts, a change in ideas about the nature and degree of social danger of an act, a change in the generally recognized moral assessment of the relevant act, the insufficiency of available means, other than criminal law, to effectively counteract these acts, the need for a criminal law guarantee of rights and freedoms), which are objective in nature and in together, they determine the need to introduce criminal liability for such an act. Prospects for the author’s future research are the study of the practices of foreign states regarding the criminalization of collaborative activities.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133659480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Concept оf the Legal Collisions","authors":"Serhiy Priyma, M. Erofeeva","doi":"10.21564/2225-6555.2022.2.269676","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.2.269676","url":null,"abstract":"The article considers the conflict of law as one of the drowbacks of the law. It has been established that legal conflicts are an objectively existing, natural defect of law that arises due to various objective and subjective circumstances.\u0000To realize the purpose of the article, the following main features of legal conflicts were singled out: 1) their essence is that they are an excess of legal regulation. At the same time, three conditions are necessary for the emergence of a legal conflict: two or more valid legal norms; regulate the same social relationship; such regulation is carried out in different ways. 2) They exist solely between legal norms, as the rules of behavior of the relevant persons; 3) arise at the stage of law-making, but it is revealed at the stage of law application and is resolved with the help of appropriate means.\u0000The article singles out the following reasons for the emergence and existence of the legal conflicts: 1) violation of rules and failure the requirements of the law-making technique; 2) insufficient professional qualification of authorized subjects of law creation; 3) unclear demarcation of the law-making competence of authorized subjects; 4) a large number of legal norms, due to which both difficulties in the work of norm design bodies and errors in legal qualification by the law enforcement and law realization bodies are possible; 5) the simultaneous action of the norms of different historical eras - Soviet and Ukrainian - in Ukrainian legislation.\u0000The article also considers the areas in which legal conflicts arise and proves that they have the most harmful effect on the realization of the legal certainty principle, because the ambiguity and contradiction of legal norms, which are the violation of this principle and are the basis for the emergence of legal conflicts, and therefore failure the requirements of this principle is one of the methods to reduce the conflict of law.\u0000Legal conflicts are defined as a type of legal defect that arises due to the implementation of excessive legal regulation of social life, which leads to a contradiction between the valid legal norms in the regulation of the same social relations.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130684651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Main Features of the System of Organization of State Power under the Constitution of the People’s Republic of China of 1982","authors":"V. Lizogub","doi":"10.21564/2225-6555.2022.2.267081","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.2.267081","url":null,"abstract":"The article is devoted to a comprehensive analysis of the fundamental components of the state constitutional system of the People’s Republic of China and its evolution. Based on the analysis of the works of famous foreign and domestic Chinese scientists, the traditions of the political system of the People’s Republic of China using general scientific and special methods (dialectical, comparative, logical, system-structural, functional, analysis and synthesis methods), the main characteristic features of the Constitution of the People’s Republic of China in the 2018 edition were studied years, related to changes in the state and social system of China during the second half of the 20th century, especially with the processes of the second decade of the 21st century. In particular, the essence of the system of organization of state power according to the 1982 Constitution of the People’s Republic of China, amendments and changes to the norms of the constitutional legislation of the People’s Republic of China at various stages of its history, forms of state organization, contours of the system of higher and local state authorities of the People’s Republic of China, the sphere of competence of individual state authorities in the People’s Republic of China, their specific functions, which have a certain purpose, aimed at meeting the relevant needs of the state as a system. In addition, the main elements of the political system, including the structure of the party system, and state policy regarding national minorities are analyzed.\u0000Conclusions are made about the main stages of the history of the development of the Constitution of the People’s Republic of China, the influence of the official ideology of Marxism and Maoism, the socialist system as the basis of the People’s Republic of China, the place of the Communist Party of China in the state and political system of the country. The issue of the socialist approach to the rights and responsibilities of the citizen, the lack of a real state guarantee of the declared right to work and the significant limitation of the realization of the right to education, the single right to social security in old age on a nationwide scale, is highlighted. The exceptional place of state property in the economy of the People’s Republic of China, the evolution of the form of state government, the principle of popular sovereignty as the core principle of the organization of political power is shown, and the counter-liberal and radical changes of 2018 associated with the strengthening of the power of the President of the People’s Republic of China are characterized.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124041948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Methodological importance of information for the development of crime prevention measures in the information society system","authors":"O. Fedorov","doi":"10.21564/2225-6555.2022.21.257776","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.21.257776","url":null,"abstract":"The formation of the information (digital) society of Ukraine is a manifestation of a global trend, the historical inevitability of which is due to the objective logic of civilization. A characteristic feature of these processes is the growing demand for scientific theories, the use of which in practice will ensure social progress and protection of universal values. \u0000The purpose of the article is to improve on the basis of a systematic approach to crime prevention measures, the task - to determine the methodological functionality of information for the development of crime prevention measures in the information society. \u0000Methodology is rightly considered the theoretical foundation of effective scientific research. At the same time, there is currently no consensus among experts on the content of this category. The definition of methodology as a system of methods of cognition and transformation of reality is offered. It is argued that due to the acceleration of scientific and technological progress and the increase in the amount of information processed, the number of alternative methodological theories will continue to increase significantly. \u0000It is pointed out that the fundamental principles of the methodology lie beyond our knowledge and cannot yet be definitively established. Therefore, experts are forced to use methodological concepts, largely based on faith in them. However, each new fact that becomes known to scientists will either confirm or refute substantiate the basic principles of the applied methodology. \u0000It is claimed that the information component provides the system functionality of objects and processes in two aspects: \u00001. Information as a coordinating component of the system (management and one-level coordination). Guidance means providing information to perform mandatory actions. Reconciliation can be defined as the sharing of information to achieve a coordinated outcome. \u00002. Information as a resource of systemic activity. A resource is an object intended for further processing with a certain result of the system state. \u0000In both cases, it is a question of the functionality of the connections between the elements of the system, which understand the interdependence of the existence of phenomena separated in space and time. \u0000It is pointed out that in the field of practical activity of the subjects of crime prevention, information is, firstly, a component of coordination processes, and secondly, a resource through which their competence is realized. This is seen in relation to all entities that, in accordance with Art. 2 of the Law of Ukraine \"On State Protection of Court Employees and Law Enforcement Bodies\" have the status of law enforcement agencies. \u0000It is concluded that the system approach as a promising methodology of theory and practice of law enforcement. It is argued that further improvement of crime prevention measures should take into account the information component of systemic activities in this area (information as a r","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133249860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Succession of Ukraine and the Baltic States: comparative analysis","authors":"O. Zinchenko","doi":"10.21564/2225-6555.2022.21.260037","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.21.260037","url":null,"abstract":"In the early 1990s, Ukraine and the Baltic states gained independence. This put them in front of the need to choose the succession - the Soviet or pre-Soviet republics. Ukraine inherited the Constitution of the USSR of 1918-1978, the Baltic States - the republics that existed before their occupation in 1940. This approach to solving the problem led Ukraine and the Baltic States to the opposite results of comprehensive development. The raised topic is too relevant, as the election of Ukraine to the succession of the Soviet constitutions of 1918-1978 proved to be a destructive factor in statehood. The purpose of the study is to identify the features of Ukraine's succession. To achieve this, the Basic Laws of the USSR of 1918-1978, as well as scientific methods and principles of research were used. The main of them was a comparative analysis of the subject of study, which was the core of achieving this goal. Its application helped to identify differences in the choice of succession to Ukraine and the Baltic States after gaining independence, its features and practical consequences. The principles of determinism and retrospective analysis ensured the establishment of causal relationships between processes. The systematic method facilitated the consideration of Ukraine and the Baltic States as equivalent units, in accordance with the requirements of which the research problem was formulated. The use of the principle of historicism made it possible to identify the significance of processes in the context of different epochs. The method of objectivity, coupled with the principle of historicism, helped to avoid traditional assessments of events, facts, government, and so on in Soviet science. Structurally complex method, classifications, normative-legal approach, principles of analogy and logical analysis made it possible to divide the constitutions of different states and epochs into separate groups, identify their importance in the study process, formulate general conclusions, establish radical opposition to Ukraine and the Baltic states and identify their specific strategic outcomes. The author came to the conclusion that the peculiarity of Ukrainian entrepreneurship is the entrepreneurship of the Ukrainian SSR, the inability to solve strategic problems of domestic and foreign policy, which have been put forward in recent times. The peculiarity of the succession of the Baltic states was the inheritance of the republics that existed before the occupation in 1940, which created the preconditions for the successful solution of strategic tasks of domestic and foreign policy.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131918728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal assistance to judges during military conflicts","authors":"Kostiantyn Gusarov","doi":"10.21564/2225-6555.2022.21.260036","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.21.260036","url":null,"abstract":"The article is devoted to the peculiarities of providing legal assistance to judges, including during military conflicts. It is noted that the workload of courts with a large number of cases to be resolved was largely due to military aggression and the existing shortage of judges. Given the provisions of the Code of Judicial Ethics, it is necessary to avoid any illegal influence on a judge's professional activity and the difficulty of complying with the requirements for tact, endurance and respect for judges and others. An attempt has been made to analyze the most common categories of cases in which judges are parties to the case. Taking into account the data on a significant number of cases in the Unified State Register of Judgments, it was deemed expedient to structure them as follows: 1) cases concerning appeals against decisions of the High Council of Justice and the High Qualification Commission of Judges of Ukraine; 2) cases on appeal against dismissal of a judge; 3) cases concerning the recovery of a judge's fee; 4) cases on recovery of payments of due sums of money in connection with the legal consequences of satisfaction of the judge's resignation application; 5) cases related to the probable commission of a corruption act by a judge. The classification of these cases is not exhaustive and can be structured in another way, taking into account the possibility of changing the range of legal relations, the participants of which are the holders of judicial power.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"99 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130722535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corruption as compensation for pathology of social relations","authors":"Mykhailo Romanov","doi":"10.21564/2225-6555.2022.21.260039","DOIUrl":"https://doi.org/10.21564/2225-6555.2022.21.260039","url":null,"abstract":"The article is devoted to formulation of a new hypothesis about the essence of corruption as a mechanism and result of compensation of pathology of public life. It is noted that modern scientific research does not consider corruption comprehensively and systematically, but in its individual aspects. As a rule, the managerial and legal. Does not take into account its psychological origins and features of corrupt behavior. The article is aimed at formulating promising directions for the study of corruption, necessary for effective counteraction of this phenomenon. The relevance of the article is due to the possibility of identification of new directions of corruption prevention on the basis of revision of the causes of corrupt conduct. \u0000Reforms to prevent corruption have been found to reduce corruption but have not had a decisive impact on corruption. In this regard, the author examines the characteristics of corrupt behaviour and concludes that it is in the mechanisms that give rise to it and it is necessary to look for the causes of corruption. However, in considering the psychological factors of corrupt behaviour, the author concludes that they are not independent and cannot be considered as a direct cause. Psychological characteristics, such as the need for moral revisions of individual values and the search for excitement in the work performed, clearly indicate the presence of contradictions or even pathologies at a deeper level. Given the high incidence of corruption, the author concludes that these pathologies are not individual, but rather indicative of systemic problems of social life. And since problems are not solved, corruption is a kind of compensation, a solution to these problems. \u0000It formulates the conclusion, according to which corruption has a compensatory nature and is a unique indicator of the state of social relations and existing problems in them. It points to areas of society and individual members that require study, revision and correction. This approach makes it possible to understand that the direct preventive impact on corruption will not give stable qualitative results, because by influencing corruption we will influence the consequences. At the same time, the reasons will remain untouchable.","PeriodicalId":285666,"journal":{"name":"Theory and practice of jurisprudence","volume":"132 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130877283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}