USE OF THE TERMS “GROUP” AND “ASSOCIATIONS” FOR DESIGNATION OF YOUTH INFORMAL FORMATIONS, MEMBERS OF WHICH MAKE CRIMES, DURING DEVELOPING RELEVANT CRIMINALISTICS METHODS
Journal Title: Вісник Запорізького національного університету. Юридичні науки - Year 2018, Vol 3, Issue
Abstract
The unambiguous understanding and perception of terms is extremely necessary like a guarantee of clarity and effectiveness of the developed crimina listics recommendations. That is why the process of creating complex and separate criminalistics methods for investigating criminal offenses committed by informal youth should begin precisely with the definition of the terms used to refer to the social phe nomena under consideration. The use of the terms “group” and “association” when developing the methodology (methods) for investigating criminal offenses committed by informal youth, in determining their organizational formations, is a real necessity for av oiding polysemias and synonymy, which are now present in many publications of scholars, dealing with informal issues. On the basis of the three level approach (linguistic, socio philosophical, legal) an attempt was made to justify the use of the terms “gro up” and “association” to designate youth informal structures that commit criminal offenses in developing different degrees of generalization of criminalistics techniques. These three levels allow us to understand the argumentation of introducing the terms “group” and “association” into the existing forensic terminology system. It is noted that “group” and “association’ are two forms of existence of a social formation, social structures that carry out their activities within a certain subculture (pseudo cult ure) and are different: 1) belonging to a certain subculture (pseudo culture); 2) the number of its members, that is, the number of persons included in this structure; 3) its organizational component (control system, subordination, notifications, communica tions, contacts, information, etc.); 4) directions and forms of its activity; 5) the planning and scale of its goals and actions; 6) programs, experience and consequences of the committed crimes. It is noted that in interpreting these terms and proposals o n their introduction into criminalistics science, attention should be paid to the legislative definitions of the concepts of “committing a crime by a group of persons”, “committing a crime by prior conspiracy by a group of persons”, “committing an offense by an organized group” and “committing a crime as a criminal offender organization”, and it is within the framework of these legislative constitutions provided for by the Criminal Code of Ukraine, all youth informal formations of criminal orientation can b e divided into two types of “Сriminal youth informal group” and “Criminal youth informal association”. The “criminal youth informal group” covers such forms of complicity as “committing a crime by a group of persons”, “committing a crime by a prior conspir acy by a group of persons”, “committing an offense by an organized group», and «criminal youth informal association”, “committing crime is a criminal organization”. Definitions of concepts “criminal youth informal group” and “criminal youth informal associ ation” are offered.
Authors and Affiliations
М. О. Ларкін
Keywords
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