在公务活动和与提供公共服务有关的专业活动领域预防刑事犯罪的专门主题

S.R. Tagiev, S.V. Ivashko
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摘要

本文介绍了犯罪学科学家对刑事犯罪预防主体制度的科学看法,界定了公务活动领域和与提供公共服务有关的职业活动领域的刑事犯罪预防主体制度,并给出了其主要特征,分析了在所研究领域被赋予特殊权力的预防主体的活动内容和职权。在公务活动和与提供公共服务有关的专业活动领域预防刑事犯罪的专门主体体系被认为是一套法律实体和个人、国家和公共机构,由共同的目标和任务范围联合起来,旨在预防社会危险行为、确保国家政策的实施、组织和协调预防活动、履行预防职能、直接查明和撤销侵犯行为,恢复受害者的权利,以及在公共关系的某一领域消除犯罪现象和程序。通过对管制有关公共机构在特别预防犯罪学一级的活动的立法和管理法令的分析,得出了预防活动主题的分类,概述了活动的规范和法律基础,说明了这些主题的职能组成部分的特点和任务范围。注意的重点是,尽管现有的立法法案和细则确定了减少犯罪战略和反腐败战略,但与腐败有关的犯罪仍然相当高。根据这项研究的结果,作者得出了一般性的理论结论,即迫切需要制定和通过一项全面的立法,以确定预防活动的依据、原则、任务、这些活动的主体的制度和法律地位(其权利和义务)、对其活动的保障、实施预防措施的特点(条件、程序、条件等)。违反这项立法规定的责任,这将为减少程序上的违反和提高执法机构的绩效创造先决条件。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Specialized subjects of criminal offence prevention in the field of official activities and professional activities related to provision of public services
The article presents scientific views of criminology scientists on the system of subjects of criminal offence prevention, defines the system of subjects of criminal offence prevention in the field of official activities and professional activities related to provision of public services, and gives its main characteristics, analysis of the content of activities and functional powers of subjects of prevention vested with special powers in the field studied.The system of specialized subjects of criminal offense prevention in the field of official activities and professional activities related to provision of public services is regarded as a set of legal entities and individuals, state and public institutions united by a common goal and scope of tasks aimed at preventing socially dangerous acts, ensuring implementation of the state policy, organization and coordination of preventive activities, performance of functions regarding prevention, direct detection and cession of encroachments, restoration of the rights of victims, as well as elimination of criminogenic phenomena and processes in a certain area of public relations.The analysis of the legislative and regulatory acts regulating activities of relevant public institutions at the special preventive criminology level has resulted in the classification of subjects of preventive activity, outlining the normative and legal basis of activity, giving characteristics of the functional component and the scope of tasks of such subjects.Attention is focused on the fact that despite existing legislative acts and bylaws defining the crime reduction strategy and the anti-corruption strategy, corruption-related crimes still remain at quite high level.Based on the results of the study, the authors come to the general theoretical conclusion about the urgency of developing and adopting a comprehensive legislative act that will determine the grounds, principles, tasks of preventive activities, the system and legal status of subjects of such activities (their rights and obligations), guarantees for their activities, the peculiarities of preventive measures implementation (conditions, procedure, terms, etc.), the responsibility for violation of the requirements of this legislative act, which will create prerequisites for both reducing procedural violations and improving the performance of law enforcement institutions.
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