1. Concept and essence kriminologicheskoj safety.

Within already many last years experts-scientists and experts are forced to establish, that the criminality in Russia has reached unprecedented scales, its organisation and professionalism amplifies, degree of aggression, impudence, danger of criminal acts grows.
As a whole it was not possible to the state and its institutes, a society and it is not possible to stabilise kriminologicheskuju conditions in the country, to find a key to mechanisms of effective counteraction to the criminal processes keeping, and it is frequent and increasing the activity. The criminality renders powerful, destabilising negative influence on a condition of all spheres of ability to live of the state and a society, social and economic and political transformation of Russia seriously brakes, undermines its international authority. Here again there is so natural, however and not a new question: in what business? In other words, in what force of the reasons, despite made huge efforts, criminality not only does not give in to our control, but, on the contrary, more and more gets character of real threat of national safety of the country? Necessity to sojourn within the limits of the declared theme excludes for us even attempt to give the developed answer to the given question (as much in this occasion is already told, understood and became well-known). And only on one, basic, in our opinion, circumstance hardly - - 21 - Blows to stop. Failures of attempts to take under the real control a situation about which there is a speech, to build really effective mechanisms of such control, inability even to develop and accept the new criminal code, which else before becoming res judicata would not require essential corrective amendments and additions, - already only it is enough of it to approve: we do not have first of all ideology of counteraction of criminality. And those conceptual approaches which confessed within many decades and in majority representation already owing to it are is unique true, actually gradually and have imperceptibly turned from traditional in conservative, from developed - in packed, i.e. Lost in many respects necessary flexibility, ability to self-development and improvement, readiness to give the exact and timely answer to any call of the criminal world (or, - if it is possible so to say, - a criminal reality). Differently, conceptual bases of crime control (we will take advantage in this case of such term) have in many respects become outdated and have lost the capacity. In one cases updating, in others - resolute replacement here is necessary. In it there is nothing shameful, it is natural. Unnatural would be not to see sad results of "ageing" about which there is a speech, to protect not protected instead of protecting not protected, thoughtlessly to spend forces for exhausting marking time when it is required to think and make a step forward. It would be, in our opinion, the extremely unproductive to be started up in long searches of the answer to a question why and on whose fault there was such position, it is enough to tell, that the serious part of fault should be taken up scientific jurists, level of scientific maintenance of struggle with pres - - 22 - tupnostju to recognise as satisfactory hardly patriots of a science will dare even. Not is better at the same time, look also those who should be the customer of idea - governing bodies (including heads of law enforcement bodies, vessels and others), a prime which office debt consists in receiving corresponding recommendations from a science and on their basis to arm a society, the state, their institutes with reliable conceptual bases, modern ideology of crime control.
But we will repeat, now it is not necessary to find out relations and to try to measure someone's degree of fault. Much more important, - and it will be valid a constructive approach, - to try to give an impulse for updating of an arsenal of conceptual ideas, to do work which will prepare base for such updating. As the constructive approach always has the nutritious soil optimism, and last gives rise to confidence that the objective requirement for updating will be soon realised at the state level. So, axiomatically, that in the course of search of new conceptual ways of increase of efficiency of crime control the theory should set tone legal kriminologicheskaja. Within the limits of one work there is either no possibility, or a necessity to analyse all or even the majority of these ways, to carry out full-scale audit of conceptual preconditions of the organisation of crime control. This problem we see in trying to rethink a problem "criminality and a society" from this point of view concepts and terms with which both in the theory and in practice can use for an activity designation in sphere interesting us. Hardly it is necessary to prove, that behind each such concept or the term costs quite defined prede - - 23 - tavlenie about this or that direction of activity, about the maintenance of this activity, its purposes, problems, objects of application of forces, etc. In this case quite pertinently to reproduce a known phrase: "the word - is business" because law-enforcement and pravoprimenitelnaja practice develops basically so how and in what terms the corresponding problem is formed. The term and the concept expressed to it-it a framework, or limiting limits of actions, or opening it wide enough open space. It is necessary to underline further, that professional (kriminologicheskoe) the thinking of experts also occurs in certain terms and concepts, its narrowness or width are substantially defined by their maintenance and their limits. That is why the analysis of terms, their potential predetermining those or other possibilities for theoretical and practical work, the offer on expediency of transition from one terms (concepts) to another, is in this case not the next attempt to fasten scholastic dispute on words, and aspiration to expand an arsenal scientific instrumentiro-vanija with which help it would be possible not only to deepen our representations about modern problems of criminality but also to make these representations adequate, really reflecting real complexity both criminal processes, and a problem of counteraction it. In the scientific literature and publicism, in professional and household speech use has developed and enough considerable quantity of terms and the concepts designating those or other versions and aspects of social practice, connected with reaction of a society, the state and their institutes to the fact of existence of criminality is widely used. We name only some: criminal and kriminologicheskaja a policy of crime control, counteraction (replacement) of criminality, the prevention (poofilaktika, prevention, suppression) crimes, strate - - 24 - gija and tactics of crime control, etc. In this list within decades of domination Marxist-Leninist, Soviet kriminologicheskoj theories (and also political rhetoric) in quality hardly probable not most upotrebimyh entered concepts: "criminality liquidation", "eradication of criminality and its reasons generating". Today there is no special necessity to prove absurdity of the idea which has generated the given terms and which so many years all experts gave a tribute hardly probable not. However right now especially sharply: "the requirement objectively Is realised, without a shade ukrashatelstva and without fear to estimate conditions, to put the real problems cleared of smart slogans, to get into an inconsistent essence of the modern social phenomena and processes, truthfully to speak about complexities of problems facing to us" 1. Therefore in dalneshem our statement these concepts will be excluded from discussion, it will be a question only about named above. Apparently, it is quite enough of them to provide requirements kriminologicheskoj sciences and experts. Especially, all these terms have not simply taken roots, but also have proved the viability, by the right of a steel a natural part of professional work of the lawyers occupied with the decision theoretical or practical kriminologicheskih of problems. Though inherently many of them in a number of relations are quite vulnerable for criticism. So, recognising the right to existence named above terms, we believe, that each of them separately and even all of them together all the same not to the full express a society and state overall objective 1. M.M.Babayev Modern problems of the theory and crime control practice.//Ways of perfection of measures under the criminality prevention. M.:Академия the Ministry of Internal Affairs of the USSR. 1988, s.17-24. - 25 - In their opposition of criminality, an antagonism with it. In the same incomplete measure they reflect (or, more precisely, express) "most important task", the prime target of law-enforcement activity about what it will be told more low. It is represented, that in this sense introduction in a full scientific turn of one more concept is expedient: "kriminologicheskaja safety".1 Should be noticed, that wider, patrimonial concept, "safety" with reference to protection of interests of the person, a society, the state against criminal trespasses already is for a long time fixed in the text legal акта2. The term "Kriminologichesky safety" meets in литературе3, though the special analysis containing - 1. We understand, that on the etymology it is expression is a little inconsistent, as the word "kriminologicheskaja" directly does not specify safety of that there is in view of though also this concept was included already into a scientific turn of criminologists, for example, "kriminologicheskaja conditions, a situation", "kriminologicheskaja protection" and t.p. Yes in general and others for a long time habitual concepts too do not differ accuracy of reflexion of an essence, for example, if to ponder upon concept etymology "fire safety" as a matter of fact not safety from fires too turns out, and safety of fires. Besides, and this most important thing, "kriminologicheskaja" means, that this concept has kriminologicheskuju a basis, and the theory kriminologicheskoj safety about what it will be told more low, is a part of the theory of criminology. 2. The Law of the Russian Federation "About safety" from May, 5th, 1992 3 see. See, for example, Ovchinsky B.C. Strategy of struggle against a mafia. TH.: SIMS, 1993, cl15,126; Shavaev A.G. Kriminologichesky safety of not state objects of ekonomiki. thy.:ИНФРА-М., 1995. Olejnikov E.A.bas economic bezopasnosti. th. 1997. With. 13. 4. - 26 - nija this concept is absent. Thus, speech should to go, in our opinion, not about any artificial planting of new terminology, and about granting to concept of that place known already in kriminologicheskom use what corresponds to its scientifically-informative potential and possibilities with its help adequately to reflect the difficult activity connected with protection of the person, a society, the state from criminality. To prove theoretical and applied requirement for the wide use, and the main thing - in the valid advantage which can be taken, operating with concept "kriminologicheskaja" and derivative of it "maintenance kriminologicheskoj", it is necessary to show safety to safety first of all what particularly the reality stands up for this concept and this term, what its social maintenance (filling). It is necessary to open, in what its "individuality", i.e. difference from already taken roots formulations consists. To begin, most likely, follows with short necessarily the analysis of these become habitual concepts and terms. If again to recollect such of them as counteraction, crime control (strategy and tactics of crime control, the politician of crime control, the prevention, preventive maintenance, prevention, suppression of crimes) and any derivative of them, - it it is easy to see that general, that consolidates these terms and is their through specific line. The matter is that at all distinctions (in one cases essential, in others is faster verbal), all these concepts and practice standing up for by them have uniform object of influence - criminality (crimes) or criminals. The criminality characteristic, its qualitative features and a quantitative measure are the main indicators and criteria of success (or failure) the activity designated sootvets - - 27 - tvennymi terms. This "aiming" at criminality and only on it if to start with a literal sense of the specified concepts and terms can simultaneously be considered both as their advantage and as a weak spot. On the one hand, the "office" mission of these terms consists in that on verbal level to designate various, rather independent (though and connected among themselves) directions of activity, the form of realisation of one of the major functions of the state - criminality counteraction. In the given sense of any of the named terms as a whole it is useful enough serves some kind of the operational tool of knowledge. From other party, the known dissatisfaction arises at once for the several reasons. Well-known, that the decision of problems of reduction of criminality, deduction at socially comprehensible level, protection of a society, the state, the person against criminal trespasses, - all it far is not reduced to actions, conditionally speaking, addressed only to the criminality and criminals (potential and real). Victims from crimes (victim), viktimnye categories of persons, objective and subjective circumstances (the phenomena and processes), anyhow influencing occurrence of crimes, on change of its quantitative and qualitative characteristics, social consequences of criminality, it is far not the full list of objects of influence about which it has been told above. Certainly, told it is not necessary to understand, as if the developed dictionary of criminology does not reflect requirements for the terms designating objects of influence, not being actually a crime or the criminal. We will recollect, in particular, such concepts, as "viktimologicheskaja preventive maintenance", "harm, a damage caused by crimes", "social consequences of criminality" and many many other things. (In the literature are published - 28 - Data about that kriminologicheskaja the science uses at the criminality characteristic as the phenomena one hundred (or a little more) concepts and терминов1). Even if to recognise, that the part from them duplicates each other and in this case it is possible to agree, that language kriminologicheskoj a science is not among the poor.) and nevertheless the sensation of a dissatisfaction remains, since the majority of these terms in turn also there is "uzkonapravlennymi", reflecting, as a rule, though also other, but only one direction of activity or one block related as a matter of fact the phenomena etc. As a result for disclosing of the maintenance of package approach to understanding not only in itself criminality, but also the social practice directed on minimisation of its scales and harmful consequences, it is necessary to resort sometimes to neopravdano to the big number of concepts, stringing them against each other (by the way, it is frequent even set "raznonapravlennyh" terms as a result all the same does not create necessary completeness and integrated approach of representation about an analysis subject). Let's notice also, that some of widely used concepts during various time were exposed in many respects enough to the convincing criticism. In this respect, perhaps, more all has got to concept "crime control". And in the legal literature, and in publicism the term "struggle" was criticised for its emotional colouring and the figurativeness causing undesirable associations. Among the last: "opposition of the parties struggling, i.e. the subject of management, and pure, right in all displays, and the parties from which struggle, obviously wrong.... Unpleasant is and" fighting colouring "the concepts, reminding 1. Dolgova A.I., Korobejnikov B.V., Kudryavtsev V. N, Pankratov V.V. see. Concepts Soviet kriminologii. th., 1985. - 29 - About necessity to reach victories at any cost to apply there is enough strict measures, to operate by rules "on war as on war" 1. To the term to it, however, there was no worthy replacement and it continues the life though the bases for its critical estimation remain. It is thought, would be hardly expedient to subject to similar analysis any others kriminologicheskie terms. Hardly probable will be among them (including and offered by us) such, what lawyers would agree to recognise as faultless. But we have short stopped on the "shadow" parties of the term "crime control", first because it, perhaps, most is wide upotrebimyj; secondly, it most likely and most "volume" under the maintenance of concept represented to it, i.e., in comparison with others, covers more a wide range of kinds of activity and ways of influence on criminality; thirdly, the similar "shadow" parties are in many respects characteristic and for a number of other traditional terms; fourthly, - and this most important - such analysis allows to understand more particularly, in what sense and expediency of introduction in a wide scientific and practical turn also concepts "kriminologicheskaja safety" and "maintenance kriminologicheskoj safety". Let's begin with formulations which contain in the Law "About safety" from March, 5th 1992. Here the concept of national safety is given, and it is treated as "a condition of security of the vital interests of the person, a society and the state from internal and external threats" (it is allocated By us-century P). Accordingly "threat" is defined as "set of conditions and the factors creating danger to the vital interests of the person, a society and the state". As to vital 1. Zhalinsky A.E. thinking: crime control problems. TH.: "Science", 1989, with. 52. - 30 - Interests it is set of the requirements which satisfaction reliably provides existence and possibilities of progressive development of the person, a society and the state ". Not all in these definitions seems to us equally comprehensible and convincing. Nevertheless in the resulted formulations is undoubtedly admissible to see a certain basis which needs to be kept, going further to concept kriminologicheskoj safety. Told to kategorialnomu to the device of definition of safety in which first of all it is necessary to allocate such key concepts as "protection", "threat", "danger", "interests", "requirements", "existence", "development", and also "person", "society", "state" first of all concerns. So, kriminologicheskaja safety is an objective condition of security of vital and other essential interests of the person, a society and the state from criminal trespasses and threats of such encroachments. Generated a various sort kriminogennymi Factors (javle-nijami and processes), and also comprehension by people of such security. The first, that it is necessary to underline especially, that safety in all its versions including public which component is kriminologicheskaja safety, is among the most important fundamental values which protection is guaranteed by the country constitution. 0 importance of safety in this sense, are spoken by a following reasoning. The society, the state, and also the person in a context of all its social communications represent certain system. Safety "is considered and as the integral property of any system which is reflected in such system signs as integrity, relative independence and stability. Loss of any - 31 - From these signs leads to ádestruction of system "1. Already from these positions as it is represented, it is possible to judge legitimacy and expediency of introduction in a scientific turn of such categories, as kriminologicheskaja safety and its maintenance. Further it is necessary to notice accentuation, that if not to mean ideal schemes and situations, and reality conditions, kriminologicheskaja safety is concept not absolute, but relative. In this life criminal threats, risk and dangers, as well as real criminal displays existed, exist and will exist while there will be a human society. Therefore it would be incorrect to represent a safety condition as zero danger of occurrence of criminal threats and their realisation to criminal behaviour. Such condition basically is unattainable. At the same time absolutely pertinently to speak about scales of such danger, about conditions in which it will be minimised to any possible limits, about maintenance of such conditions at which the condition and crime wave will adequately "answer" on accruing antikriminogennye efforts of a society and the state, varying in a desirable direction. The told brings us to one more base concept - "maintenance kriminologicheskoj safety". That we name based on principles of complex programming and planning activity of the state, a society in whole and their institutes, having for an object achievement and maintenance of socially comprehensible level of security of vital and other essential interests of the person, a society and the state 1. Antonov A.B., Balashov V.G.Osnovy of maintenance of safety of the person, a society and the state. The manual. TH., 1996. С.28. - 32 - From criminal trespasses. Now it is necessary to come back and give the concrete answer to a question on what social reality stands up for the considered two concepts and that new, additional they introduce in a conceptual arsenal kriminologicheskoj sciences and experts. The most essential, in our opinion, reasons in this respect consist in the following. First, it is a question of complex, integrated concepts, the social and which legal maintenance as much as possible widely covers hardly probable not all possible directions of activity connected with counteraction of criminality, creation of the conditions interfering its occurrence, and also objects and subjects of criminal influence, in a word, all that enters into a criminology subject. Only at such package approach probably achievement of really achievable level kriminologicheskoj safety. Arguing in a similar way, we should come to conclusion, that kriminologicheskaja safety and its maintenance are terms which in any measure do not contradict the developed terminology and the more so do not exclude any of entered already in kriminologichesky the dictionary of terms. Has more likely put is so: if there is no necessity specially to allocate any one or several concrete directions of work, it is possible to use the term "maintenance kriminologicheskoj safety" and it should be clear, that the widest complex of measures means: and influence on criminality, and acceptance of measures to the person of the criminal, and neutralisation of determinants of criminality, and the prevention of crimes, both kriminologicheskaja protection, and viktimologicheskaja preventive maintenance. Terms "kriminologicheskaja safety" and its maintenance, in our opinion, even more vseohvatny, than such habitual general terms as "crime control", "kriminologicheskaja a policy","strategy - 33 - And crime control tactics ", etc. which use accordingly bear a little more limited information-informative potential. Secondly, terms "kriminologicheskaja safety" and "maintenance kriminologicheskoj safety", unlike terms "crime control", "a policy of crime control", etc., comprise a designation not only character (direction) of activity, but also the purpose and result of this activity which the condition kriminologicheskoj safety of corresponding object is. Certainly, among traditional terms (concepts) too is similar on "filling". So "preventive maintenance", "prevention", "suppression of crimes" can serve as examples in which easily consider the purpose and result of activity. But all these terms obviously concede to the term "kriminologicheskaja safety" by criterion of integrated approach. Thirdly, - and it directly is connected with the previous thesis, - concept "kriminologicheskaja safety" and its maintenance transfer semantic accent from object "attacks" (criminality) on object of protection (the person, a society, the state), i.e. on those values which, actually, and should be guaranteed kriminologicheskaja safety. If to ponder, there is clear essential or even a basic distinction between such approaches and simultaneously functional parity between concept "maintenance kriminologicheskoj to safety" and any of the above-named concepts. Crime control, the prevention of crimes, viktimologi-cheskaja preventive maintenance, formation of strategy and crime control tactics, - all it do not aim (and the more so - not end in itself) efforts of a society, and means of achievement of the purpose, i.e. Conditions kriminologicheskoj safety. So, reduction of quantity of crimes in region is - 34 - The fine problem, which decision deserves all praises. But only in the event that it has entailed creation of more safe conditions of a life of the population, reduction of scales of the harm caused by criminal acts, softening of criminal pressing economy, etc. If the number of crimes has decreased, but in itself they became more dangerous, impudent, harmful, giving rise to the raised public anxiety, alarm, feeling of danger, - the purpose of efforts of the society spent for counteraction of criminality is not reached. Such are the most significant arguments some, in our opinion, supporting thought on the right to existence and doubtless advantage of such concepts, as "kriminologicheskaja safety" and "maintenance kriminologicheskoj safety". We will add only, that business goes far not only about theoretical value of the designated concepts. Complex integrated concepts are undoubtedly capable to expand an outlook of experts and to help to overcome unfairly narrow, unilateral approaches to the crime control organisation, the prevention of crimes, decrease in intensity of criminal processes.
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A source: Pleshakov Vladimir Alekseevich. Criminological security and its provision in the sphere of mutual influence of organized crime and juvenile delinquency [Electronic resource]: Dis. Dr. Juridical of science. 2003

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