Правовий часопис Донбасу

Правовий часопис Донбасу

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  • Publisher: TD "Zolota mylya"
  • Country of publisher: ukraine
  • Date added to EuroPub: 2019/Nov/09

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  • Language of fulltext: russian, ukrainian

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  • Year open access content began: 1997
  • Does the author retain unrestricted copyright? False
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This journal has '306' articles

NORMATIVE AND LEGAL SUPPORT FOR THE CREATION, ORGANIZATION AND ACTIVITY OF THE SOVEREIGN UKRAINIAN POLICE (HISTORICAL AND LEGAL ASPECTS)

NORMATIVE AND LEGAL SUPPORT FOR THE CREATION, ORGANIZATION AND ACTIVITY OF THE SOVEREIGN UKRAINIAN POLICE (HISTORICAL AND LEGAL ASPECTS)

Authors: Alexander Baranovskiy
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Abstract

In the article it is covered the historical and legal aspects of the activities of government bodies, the Ministry of Internal Affairs of Ukraine concerning the formation of the legal framework for the creation, organization and functioning of the police in the conditions of the formation and development of an independent state. It is analyzed the historical conditions determined the necessity of creation a regulatory and legal framework for the activity of police as a law enforcement body of sovereign Ukraine. It is described the process of forming the legislative base of the police in the context of the formation of an independent state. It is analyzed the organizational and administrative activity of the Ministry of Internal Affairs of Ukraine concerning the creation of the legal framework for the activity of the system of internal affairs bodies in the main areas of operational and official activities. It is determined the components and characteristics of legal acts regulating the activities of the police in the field of protecting human rights and freedoms, international cooperation in combating crime. It is given the characteristic of innovative forms of interaction between the Ministry of Internal Affairs of Ukraine and the Verkhovna Rada of Ukraine, which in new historical conditions allow tosignificantly increase the effectiveness of legislative work in law enforcement activity. It is analyzed the deficiencies of the legal framework of the activities of the police in this historical period and it is concluded that this aspect became one of the factors that significantly reduced the effectiveness of the activities of the system of internal affairs bodies of Ukraine and led to its inconsistency with the current democratic social, economic and political realities of the society. It is pointed out the importance of studying the historical and legal aspects of the formation of the legal framework of law enforcement agencies in the view of the current processes of creating legislation which regulates the reform processes in the system of the Ministry of Internal Affairs of Ukraine, solving problems of legislative support for the activities of the National Police.

Keywords: independent Ukraine, legal support, the Ministry of Internal Affairs of Ukraine, police, internal affairs agencies, law-making activities.
POLITICAL AND LEGAL IDEAS OF REFORMATION OF HUMAN RIGHTS AND FREEDOMS, CIVIL SOCIETY IN THE CONTEXT OF CIVILIZATIONAL ELECTION OF UKRAINE
(DEDICATED TO THE 500TH ANNIVERSARY OF THE BEGINNING OF REFORMATION IN EUROPE)

POLITICAL AND LEGAL IDEAS OF REFORMATION OF HUMAN RIGHTS AND FREEDOMS, CIVIL SOCIETY IN THE CONTEXT OF CIVILIZATIONAL ELECTION OF UKRAINE (DEDICATED TO THE 500TH ANNIVERSARY OF THE BEGINNING OF REFORMATION IN EUROPE)

Authors: Evgeniy Zozulya
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Abstract

The article covers influence questions of the Reformation ideas on the formation of ideas and concepts about human rights, the foundations of civil society, their significance for the realization of the civilizational choice of an independent Ukraine. The author emphasizes that the events of the Reformation led to a change in the religious, social and political sphere of society, and defined the nature of the modernization processes of medieval Europe. It is determined that the ideas of the Reformation formed such political and legal categories as human rights and freedoms, established the foundations for the formation of civil society. Also, the ideas of the Reformation determined the need to affirm the individual self-worth, the dignity recognition and autonomy of every individual, the need to provide conditions for the free human development, giving each person the opportunity to achieve their own happiness on their own way. The most important achievement of that time is that the ideas of the Reformation regarding the principles of freedom of the person, freedom of speech and conscience were reflected in the legal documents of that time, in the journalism and theological treatises. It is illuminated the influence of the ideas of the Reformation on the changes in the socio-political, spiritual, religious life of the Ukrainian society. However, in general, the ideas of the Reformation in Ukraine have not received proper development. The essence of problems of ensuring the rights and basic freedoms of citizens at the present stage of state development in Ukraine is revealed. The necessity of systematic work of all branches of government of the state is emphasized in order to eliminate offenses in ensuring the rights and fundamental freedoms of Ukrainian citizens, bringing the domestic judicial system to a level of European standards. It is indicated the importance of the Reformation heritage for the realization of the civilizational choice of Ukraine.

Keywords: Reformation, Protestantism, human rights, civil society, Ukraine, civilization choice.
ON THE QUESTION OF THE NORMATIVE DEFINITION OF THE OBJECT OF THE RIGHT TO DIGNITY

ON THE QUESTION OF THE NORMATIVE DEFINITION OF THE OBJECT OF THE RIGHT TO DIGNITY

Authors: Natalia Marushchak
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Abstract

Dignity is a moral property of the person which reflects her unique, unsurpassed value. Objectively, the dignity of the individual is determined by its behavior, intellectual and educational level, lifestyle, attitude to the environment and other factors. Each person as an individual is Saint, she had certain moral and intellectual traits that it tends to be perceived as positive and important for the society, which means her self-esteem. On the intrinsic value of man and his dignity must take into account the environment. The humiliation of the face is the attribution of human unworthy acts, humiliating feature of his mental and other personal qualities, of committing against her humiliating actions, placing her in an unfavorable light before the environment etc. The idea of the equal dignity of all people is the ideological source of their equality, a barrier to the establishment of unjustified privileges or restrictions. Therefore, the state should create appropriate conditions and means of compliance with the principles and rules of law that ensure the realization, protection and enforcement of individual rights to respect for her dignity. The content of the right to respect for human dignity is statutory and guaranteed by the state a set of rules that give each person confidence in their social values, the opportunity to realize himself as a personality, to respect their own moral principles and ethical standards, to insist on respect for other people, state bodies and their officials and officers, and to require that any doubts about its moral and ethical principles have been properly substantiated. The current Constitution of Ukraine in article 28 enshrines the right of everyone to respect for his dignity. In our opinion, the constitutional consolidation of the right to respect for dignity is not enough to protect it. Requires addressing the normative question of determining the object of the right to dignity. As a General rule, objects of legal relations arising from the implementation of specific subjective rights are determined by civil law. The first step towards solving this problem should be a statutory definition of “dignity”, which, unfortunately, today in the Ukrainian legislation does not exist. In our opinion, it is of fundamental importance, because the terms used in the law must be interpreted, to understand clearly and adequately the value of the content of the rule in strict accordance with the intentions and will of the legislator.

Keywords: human rights, rights of person, guarantees, security, dignity
THEORETICAL-LEGAL STUDY OF THE CONCEPT AND ESSENCE OF STATE SOVEREIGNTY

THEORETICAL-LEGAL STUDY OF THE CONCEPT AND ESSENCE OF STATE SOVEREIGNTY

Authors: Oleksandr Marushchak, Dariya Babich
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Abstract

The article is devoted research of concept and essence of state sovereignty. The problem of state sovereignty is the subject of a multifaceted study of legal science. Theory and practice of sovereignty significantly affect all public, constitutional and political processes leading to their transformation, modification, limitation. There is a need of deep research, of sovereignty, of its signs and modalities, places and values within the political and legal categories. In modern conditions of globalization and increasing integration processes there is a need for a new approach to the theoretical and legal basis of certain aspects of the concept. State sovereignty is a complex legal and political structure, fundamental knowledge of the content and features the implementation of which requires the integrated use of a wide multidisciplinary approach that is explained in the first place, the multiplicity of aspects inherent in state sovereignty, in the broadest sense – internal and external; theoretical and practical, General and specific state and the like. State sovereignty in accordance with the classical theoretical and methodological views organically arises from people's (national) sovereignty, but the sovereign as the bearer of actual sovereignty as a set of legally defined authority is the state which exercises sovereignty through the operation of public authorities in the specific territorial framework of the organized political life of the nation (nation state). The idea of the sovereignty series unfolds according to the «state sovereignty», «sovereignty of the people», «the sovereignty of the nation». These three are the personification of sovereignty, however, in modern democratic conditions develop simultaneously, mutually determining and mutually constraining each other. State sovereignty and the sovereignty of the nation, reflects the state organization of the people. The sovereignty of the nation, in turn, is essentially a form of manifestation of popular sovereignty, which is the meaning of democracy

Keywords: sovereignty, state, law, independence, globalization
SOCIO-POLITICAL AND SOCIO-ECONOMIC FACTORS OF OCCURRENCE AND FORMATION OF ORGANIZED CRIME IN UKRAINE (HISTORICAL AND LEGAL ASPECTS)

SOCIO-POLITICAL AND SOCIO-ECONOMIC FACTORS OF OCCURRENCE AND FORMATION OF ORGANIZED CRIME IN UKRAINE (HISTORICAL AND LEGAL ASPECTS)

Authors: Sergey Rozum
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Abstract

The article analyzes the main factors contributing to the emergence and formation of organized crime in Ukraine. The evolution of its transformation and influence on the functioning of the economic system and the state mechanism are revealed. In particular, the historical conditions of the signs and causes of the origin of organized crime in the territory of modern Ukraine are indicated. A detailed review of organized crime is conducted during the period of Ukraine's stay in the Russian Empire. The signs of its professionalism and solidarity as a separate monolithic society are revealed. Characterized by socio-political and socio-economic conditions that contributed to organized crime in times of totalitarianism and wartime. There are facts about the magnitude of organized crime in the last period of the existence of the Soviet state. Specifies the socio-economic factors in the formation and functioning of organized crime in modern Ukraine.

Keywords: socio-economic processes, organized crime, thieves' groups, bribery, law enforcement bodies, anti-social forces
LEGAL PROBLEMS OF ANTI-DISTINCTION IN AN UNLOCKABLE USE OF VALUE-BASED VALUES (IN AN EXAMPLE OF THE ANALYSIS OF REVIEW BY CRUISES OF CRIMINAL PROCEEDINGS UNDER ARTICLE 240, Part 2)

LEGAL PROBLEMS OF ANTI-DISTINCTION IN AN UNLOCKABLE USE OF VALUE-BASED VALUES (IN AN EXAMPLE OF THE ANALYSIS OF REVIEW BY CRUISES OF CRIMINAL PROCEEDINGS UNDER ARTICLE 240, Part 2)

Authors: Alexander Makarenko, Natalyа Makarenko
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Abstract

The article is devoted to the analysis of the practice of consideration by the Krivoy Rog district court of criminal proceedings instituted under Part 2, Article 240 of the Criminal Code of Ukraine, with the identification of problematic legal issues of counteracting illegal extraction of minerals of national importance. In the course of the study, the reasons for the appearance of a negative phenomenon in the form of illegal mining of mineral resources of national importance were analyzed, specific mechanisms for solving the problem were proposed by amending the relevant regulatory legal acts, both on obtaining special permits for the use of subsoil resources and the norms of the criminal code of Ukraine. The authors found that the damage caused during the illegal mining of minerals of national importance can be considered both in the economic sense, namely not the payment of the corresponding taxes and fees, and the ecological one, which manifests itself in the physical destruction of minerals and the upper fertile soil layer. A significant part of the damage caused remains unrequited. Due to the fact that it is not possible to establish a causal link in the actions of the persons concerned, and the practice of the sentences in criminal cases shows that most of the sentences are not appealed in the appeal procedure on the basis of a fairly loyal and lawful punishment. And the absence of state mechanisms for controlling the amount of mineral resources does not provide real mechanisms for controlling and accounting for the relevant minerals, which in turn contributes to the growth of organized crime and the development of corrupt statements both among law enforcement agencies and local governments

Keywords: minerals, illegal extraction, court, criminal proceedings, responsibility, subsoil user, damage
The possibility of reducing the infringement of the professional athletes in the context of an incorporated resolution for its use of application

The possibility of reducing the infringement of the professional athletes in the context of an incorporated resolution for its use of application

Authors: Maria Tikhonova
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Abstract

The problem of using doping is so serious that every athlete and trainer who would like to make effective use of the pharmacological method of providing training process should have an idea of what is doping, doping control and responsibility for the use of doping. Unfortunately, for today quite often athletes, their coaches, doctors, managers and team leaders try to win the victory at any cost, including by using doping. Almost none of the Olympic Games, the world championships did not pass without revealing the cases of using doping. Our current national legislation does not comply with international standards that establish the liability of an athlete and other persons for the use of prohibited substances and methods. Also, the current legislation of Ukraine does not give an answer to the question - as to whether it is possible to compensate for the damage inflicted on the professional sportsman by an improperly rendered decision regarding him for using doping

Keywords: Athlete, sport, doping, responsibility, WADA, testing, sample, laboratory, prohibited substances and methods, damage
FORMATION AND DEVELOPMENT OF LEGAL REGULATION OF RELATIONS
IN THE FIELD OF RESERVE BUSINESS IN THE DAYS OF THE UNR AND THE UKRAINIAN SSR

FORMATION AND DEVELOPMENT OF LEGAL REGULATION OF RELATIONS IN THE FIELD OF RESERVE BUSINESS IN THE DAYS OF THE UNR AND THE UKRAINIAN SSR

Authors: Оleksandr Ponomarenko
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Abstract

The article is devoted to the analysis of the issues of formation and development of the theory and practice of the reserve business in Ukraine, its legal regime, the practice of law enforcement activities in the field of reserve business in the days of the UPR and the Ukrainian SSR. With the cessation of the existence of the Soviet Union, the adoption of the Laws of Ukraine «On Environmental Protection» and «On the Nature Reserve Fund of Ukraine» actually began a new stage in the formation of legislation on natural reserves, which, in the absence of significant changes in the legislation on the nature reserve fund, continues to this day

Keywords: reserved business, legal regime, law enforcement activity, situational reserve business, nature reserve fund
PROFESSIONAL SPORTS: PROBLEMS OF DEFINITION AND LEGISLATION REGULATION

PROFESSIONAL SPORTS: PROBLEMS OF DEFINITION AND LEGISLATION REGULATION

Authors: Vitaliy Gavrilin, Stanislav Merdov, Vladimir Bilobrov
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Abstract

The article covers the points of definition the term “professional sport” in up-to-date science of law and legislative regulation of this legal relationship field. Authors proved that nowadays in Ukraine, legal relationship in the field of professional sport make the independent legal institute of sports law. This institute demands appropriate legal management at a certain level of special regulatory legal acts, so it is meant to be Act of Ukraine “About professional sport”. Act will appoint judicial, organizing, social and economic foundation in the professional sport activities; it will confirm the legal nature of professional sportsmen, their rights, obligations, guaranties and charges; it will determine the role of public administrative role in this field; it will solve a problem of disputes between persons in professional sport etc. The authorial definition of term “professional sport” is suggested, as a way of sport focused on management sports entertainment events by natural and legal persons on highly qualified level by way of getting them benefit, achievement high sporty effect, sport promotion and presentation the country on sporting contests of various levels, as well as Olympic Games

Keywords: sport, professional sport, sport law, legal institute
URGENT QUESTIONS OF IMPLEMENTATION OF POLICE OFFICERS’ REPORT

URGENT QUESTIONS OF IMPLEMENTATION OF POLICE OFFICERS’ REPORT

Authors: Alexander Golovkov
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Abstract

The article dwells urgent questions of implementation the district police officers’ report. The analysis of current legislation is made; it determines the procedure of informing the public about the police’s activities. The author interprets the commentary of indeterminate points in the legislation, in connection with implementation mechanism of the district police officers’ report. It is proved that the district police officers’ report is a legal form of preventive administrative activity of these persons. The report provides face-to-face speech at the meeting of the executive body of local self-government consolidate community. The author proposes to fix the obligatoriness of district police officers’ reports on the websites of the territorial police agencies ten days before the meeting of the executive body of local self-government is held. It is done in the view of studying with the report of interested persons, as well as the population of a certain territory. The article outlines the directions of development, systematization and optimization of this activity, provide for the next points: the normative consolidation of implementation mechanism for the district police officers’ reports in a departmental regulatory legal act; elaboration and implementation into practical activity the methodological recommendations in the preparation, organization and management of reports; systematic training of methodical lessons with district police officers as the part of official training during the training sessions in the preparation, organization and management of reports

Keywords: informing, report, district police officer, form of preventive activity
PECULIARITIES OF DEVELOPMENT OF LEGAL STATUS OF PARTICIPANTS OF ROAD TRAFFIC IN INDEPENDENT UKRAINE

PECULIARITIES OF DEVELOPMENT OF LEGAL STATUS OF PARTICIPANTS OF ROAD TRAFFIC IN INDEPENDENT UKRAINE

Authors: Stanislav Lopatin
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Abstract

The article describes the participants of the road traffic, including those belonging to this category, in accordance with the current legislation of Ukraine. Also features of development of a legal status of participants of movement are opened, since 1991 and till today. Attention is paid to identifying contradictions and deficiencies in regulatory legal acts that regulate the rights and obligations of road users and the conceptual apparatus used by the legislator in describing each of the road users.

Keywords: road user, driver, pedestrian, passenger, animal driver, rights and duties of road users
OBJECTIVE SIDE OF OFFENSIVE REQUIRED BY Art. 174 OF CODE OF UKRAINE ON ADMINISTRATIVE OFFENCES

OBJECTIVE SIDE OF OFFENSIVE REQUIRED BY Art. 174 OF CODE OF UKRAINE ON ADMINISTRATIVE OFFENCES

Authors: Olga Mеrdova
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Abstract

The article covers legal analysis of the objective side of administrative offences under Art. 174 Code of Ukraine on Administrative offences. It is determined that for an administrative offences under Art. 174 Code of Ukraine on Administrative offences, differential characteristics of the objective element are optional marks, in particular: tools of delict, a place of commission and a method. Disposition of Art. 174 Code of Ukraine on Administrative offences, is a blanket rule, so, to interpret the terms that it contains it is necessary to address a number of normative and legal acts, at the same time, a number of provisions are not legislatively regulated, that is why the author interprets them. The author grounds the necessity of making corrections into the disposition of Art. 174 Code of Ukraine on Administrative offences, and it says that: "Shooting from a firearm or cold throwing weapon, devices for shooting cartridges equipped with rubber or similar in their properties propelling missiles of non-lethal action or a pneumatic weapon of caliber greater than 4.5 millimeters and a bullet flight speed of more than 100 meters in second, in the unaverted places for this purpose, as well as in the allowed places with violation of the established order". In addition, the author suggests the adoption of the Model rules for the weapon handling, determining his position by the absence of a specialized normative and legal act of general distribution that defines security measures while handling weapons, the procedure of shooting, etc.

Keywords: shooting, objective side, settlement, place for shooting
PROBLEMS OF THE LAST RELIGIOUS CURRENTS AND ADMINISTRATIVE – LEGAL REGULATION OF TO RELIGIOUS EXTREMISM IN THE AZERBAIJAN REPUBLIC

PROBLEMS OF THE LAST RELIGIOUS CURRENTS AND ADMINISTRATIVE – LEGAL REGULATION OF TO RELIGIOUS EXTREMISM IN THE AZERBAIJAN REPUBLIC

Authors: Rafig Najafguliyev
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Abstract

Security is essential for every member of society, sometimes becomes the object of attacks of negative symptoms. Naturally, the public and national security is ensured not by itself, and the relevant activities of public authorities. As we know from the legal doctrine of security - this state. A study in this article is intended to analyze the administrative and legal regulation of warnings and threats to the intersection of religious extremism.

Keywords: religion, extremism, youth, society, the state, the respon¬sibility, law
CADETS AS A SUBJECT OF ADMINISTRATIVE AND LEGAL RELATIONS

CADETS AS A SUBJECT OF ADMINISTRATIVE AND LEGAL RELATIONS

Authors: Marina Shulga
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Abstract

The article is concerned with determining the cadets’ place in the system of subjects of administrative-legal relations and the foundation of its administrative-legal status. The great attention is paid to the cadet as an individual, so his administrative and legal status should be considered through the prism of the administrative and legal status of a citizen, bearinh in maind certain specifics connected with cadet’s belonging to the members of the National Police of Ukraine. It is mentioned in the article the signs peculiarity of the subject’s status of administrative law - the cadet’s status, in order to prove the cadets' belonging to the subjects of administrative-legal relations. Based on the analysis of theoretical and methodological scientists’ developments and current legislation, the author distinguishes legal facts, that confirm the onset of the administrative-legal relations, subject of which are сadets of higher education establishments with specific training conditions, training police officers. The researcher comes to a conclusion that the main goal of teaching cadets in higher education establishments with specific training conditions, is to satisfy their private educational interests, the realization of which is impossible without their admission into administrative-legal relations. These relations rely on the peculiarities of enrollees’ selection and training assignment, by departmental affiliation of the educational establishment, and the peculiarities of obtaining a certain educational degree in the mentioned establishments. It is proved that the cadet is an individual subject of administrative law – private person with a special status, and he is a subject of administrative-legal relations, which are endowed with a special legal personality, enshrined in the norms of administrative law, due to the satisfaction of their private educational interests. The administrative and legal status of a high school cadets’ with specific training conditions for training police officers is double and mixed: on the one hand, he acts as a police officer, on the other hand, as an individual who implements his own personal interest in relations with the state higher education establishments.

Keywords: cadet, status, subject, administrative-legal relations, administrative-legal status
INTERACTION BETWEEN A CRIMINAL AND A VICTIM OF A CRIME

INTERACTION BETWEEN A CRIMINAL AND A VICTIM OF A CRIME

Authors: Anastasia Dzhuzha
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Abstract

The article deals with directions of the development of applied victimology as issues of interaction between a criminal and a victim of a criminal encroachment. Considered some recommendations of the victimologists on optimal behavior in extreme situations. The status of potential victim, the way of life, especially behavior, in conjunction with victimological situations and the preconditions of interactions with a potential offender, may promote the birth of a criminal intention and antisocial thoughts in the minds of a person and choosing the method of committing a crime. At the same time, the behavior of a possible victim sometimes may limb the reaction of a criminal or a potential offender, provoking his sympathy, fear, and so on. Moreover, in each particular case, it depends on the conditions, place, time, and other circumstances of the formation and development of the relationships between the offender and his victim, as well as the personal qualities of the potential victim, which has a significant impact on both the nature of his individual actions and on behavior in general. Describing the circumstances which contribute to the birth and development of an offense, it is necessary to pay attention to the fact that in the genesis of the crime an important role is played by the nature of relations between victim, offender and also with other people who were associated with them at the time of the crime. Such relationships can have an impact both positive and negative on the behavior of a potential victim. The consequence of this can be both the commission of a crime and also vice versa. That is why the analysis of such interactions should be used in determining the measures of victimological prevention, while at the same time taking into account that the victim's behavior and everything he was guided is inextricably linked with his personal characteristics: personality, gender, age, profession, social, official and family status, etc. Based on practice, without the knowledge of these victimological signs, it is absolutely impossible to prevent crime, since the offender in many situations acts in conjunction with a specific victim, which, as well as the offender, should be directed to individual positive influence. The impact on the probable offender should be directed not notionally, but taking into account the "double" categories from the criminal situation to the offender and to the victim of the criminal offense, and even up to postvictious influence, resocialization and rehabilitation of the potential victim. There should be diagnostics of the situation and victimological forecasting and programming of the victimological preventive mechanism.

Keywords: victim, potential victim, interaction, victimization, magnitude of victimality, victimal situations, victimological potential, victimization, devictimisation

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