О некоторых проблемах использования отдельных постулатов «экономической теории преступлений и наказаний» в целях «оптимизации» уровня преступности

The social value of crime?

This article examines the activities of law enforcement and judicial bodies as a component of anti-corruption mechanisms from the standpoint of the regulatory framework for its functionality. This study offers a new perspective on the fight against corruption by analyzing in detail the role of legal foundations in the activities of law enforcement and judicial bodies. The research establishes that the mechanism for preventing corruption is a means of achieving the goal of ensuring a specific result in the field of anti-corruption. This mechanism consists of the following elements: the goal and task of preventing corruption; objects of corruption prevention; actors preventing corruption; methods of preventing corruption. It is determined that the primary scientific interest is the anti-corruption principles on the basis of which this mechanism is established and operates, as well as anti-corruption standards. The main anti-corruption principles in the activities of domestic law enforcement and judicial bodies are considered in detail, the observance of which creates the basis for an effective and fair fight against corruption, contributes to the strengthening of the rule of law and increases the trust of citizens in law enforcement and judicial bodies. Regarding anti-corruption standards, they are established at the global, regional, and national levels. It is concluded that anti-corruption standards at the regional level are developed and implemented to fulfill global obligations enshrined in international conventions and agreements. It is proven that the activities of law enforcement and judicial bodies are a key component of anti-corruption mechanisms.

The article compares the views of Russian scholars on the problem of correlation between administrative and judicial discretion. The authors describe academic approaches to such issues as the scope of discretionary powers belonging to the executive and judicial authorities, types (spheres) of legal activity, within which administrative and judicial discretion, as well as administrative and judicial arbitrariness are implemented. Based on the positions of Russian researchers the authors offer their own vision of the concept of "scope of discretion" - in narrow and broad sense. In the narrow sense, this concept refers to the limits of discretion (boundaries of discretion), and in the broad sense - to the totality of discretionary powers exercised by the subjects of discretion. Thus, in a narrow sense, the term 'discretionary powers' covers qualitative (vertical) parameters of discretion, and in a broad sense, quantitative (horizontal) parameters. Further it is shown that in domestic legal science there are two approaches to the scope of discretionary powers belonging to administrative and judicial authorities. The first approach is that the discretion of executive power bodies has a smaller volume in comparison to that of judicial power bodies. The second is that the discretion of the executive is greater than that of the judiciary. It is argued that a comparison between the scope of discretion vested in the executive and the judiciary based solely on a narrow interpretation of the concept will necessarily pose a problem for the conceptual and categorical apparatus. If a broad interpretation is used, it becomes clear that in qualitative terms judicial discretion is many times greater than administrative discretion and in quantitative terms it is radically inferior. The authors then ask the question: within what types (spheres) of legal activity are administrative and judicial discretion exercised? There are several main answers to this question in Russian legal science. Some researchers believe that administrative and judicial discretion are implemented solely as a law enforcement activity; others believe that administrative discretion is a law enforcement activity, and judicial discretion can be both a law enforcement and law making activity; others believe that judicial discretion, as opposed to administrative discretion, is implemented solely in the process of law enforcement. The authors of this article show that the answer to the question of legal discretion is determined by the problem of the scope of discretion. If we argue that administrative and judicial discretion are equally exercised in law enforcement and/or law-making activities, this means that their scope (in qualitative terms) is identical. Meanwhile, as discussed above, the court should always have greater discretionary "powers" than the administration. Any concept that violates this inequality is therefore wrong. As for the other positions, they may or may not be accurate, but they are not wrong. Then the authors turn to the phenomena of administrative and judicial arbitrariness, reasoning that arbitrariness is to be understood as the act of a person vested with state power, either beyond his discretion or beyond the scope of the legal activity in which that discretion is used. In conclusion the authors emphasise that contemporary domestic studies devoted to comparative legal aspects of such categories as administrative and judicial discretion have certain shortcomings which prevent a full scientific understanding of these categories. The authors declare no conflicts of interests.

The subject of this article's are scientific studies dedicated to the use of artificial intelligence in various aspects of human life in general, and its application in law enforcement activities in particular. The focus of this study is a comprehensive legal assessment of the potential application of artificial intelligence technologies in law enforcement activities, as well as the identification of legal and organizational issues arising during their implementation and practical application. The importance of the research is determined by the necessity for a thorough and comprehensive analysis of the possibilities for broader integration of artificial intelligence technologies in law enforcement activities. The author analyzes the existing scientific works in the Russian legal reality that explore the potential applications of artificial intelligence within the law enforcement system, highlights several areas of using artificial intelligence in law enforcement agencies, identifies problems arising from the use of modern intellectual technologies, and offers recommendations for overcoming these challenges. The methodology of the research consists of regulatory legal acts of the Russian Federation, as well as the works of Russian scholars. Both general scientific and specialized research methods were employed in the article. The novelty of the research lies in the author's comprehensive approach to the examined issue, the attempt to systematize the existing scientific experience of Russian scholars, and the formulation of recommendations regarding the studied problem. As a result of the research, the author reaches the following conclusions: the study of the use of artificial intelligence in law enforcement activities cannot be fragmented; it must be conducted within a cohesive interdisciplinary approach that allows for the development of a scientifically grounded concept of the functioning of intelligent systems in law enforcement activities; the regulatory framework governing the procedure for the implementation and operation of algorithmic technologies must be characterized by a high degree of legal certainty, internal coherence, and completeness, excluding the possibility of ambiguous interpretation of the conditions and limits of using artificial intelligence in criminal law relations; the digital transformation of the law enforcement system should be proactive rather than reactive; a significant condition for the effective functioning of intelligent technologies is the creation of a reliable infrastructure for data storage, processing, and protection, which includes technical, organizational, and legal mechanisms for ensuring information security, as well as the continuous updating of data sets and the integration of software complexes used.

Objective: Behavioral threat assessment and management (BTAM) is a form of violence risk assessment that has been widely adopted in U.S. public schools. However, there are concerns that the involvement of law enforcement officers in schools on BTAM teams could lead to criminalization of student misbehavior and exacerbate disparities in arrests for students of color and students with disabilities. This study investigated school-based arrests, court charges, and incarcerations for a sample of 18,411 Florida students in 1,646 schools who received a threat assessment using the Comprehensive School Threat Assessment Guidelines. Hypotheses: Consistent with prior studies, we hypothesized that law enforcement actions would have a low prevalence and there would be no disparities associated with race/ethnicity, family income, or disability status. Method: A series of Bayesian multilevel logistic regression models was estimated to evaluate whether law enforcement actions (arrest, charge, incarceration) varied by school-level characteristics and student-level regressors (demographics and threat classification). Results: Approximately 1% of students received a law enforcement action. Law enforcement actions were associated most strongly with student grade and seriousness of their threat. There was evidence of equitable law enforcement actions for student characteristics of race/ethnicity, family income, and disability status. Conclusion: These results are consistent with prior studies in smaller samples of Virginia schools. This study contributes to the policy debate over the role of law enforcement officers in schools by showing that schools using threat assessment teams with officers did not generate high rates of law enforcement actions or inequitable outcomes often observed for disadvantaged student groups. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

The article is devoted to improving the concepts of activities related to ensuring national security and the concept of law enforcement activities, in particular, by establishing the parameters of the relationship between them. The content of the concepts of national security, activities to ensure national security, and law enforcement activities have been analyzed and revealed. It is justified that in the conditions of Russia’s armed aggression against Ukraine, the external function of ensuring the territorial integrity and state sovereignty of Ukraine, as well as the internal function of ensuring law and order and countering crime, should be considered as a complex task and direction of the state and civil society. It has been proven that the concept of activity in the sphere of ensuring national security and the concept of law enforcement are related to each other as a whole and its part. It is proposed to consider the law enforcement activity implemented under modern conditions in Ukraine as a component and a separate direction of a broader concept of state activity to ensure national security. It is substantiated that law enforcement activities and activities related to ensuring national security have a common social nature. In particular: they are a necessary element of social development and a way of implementing the protective function of the state; is a social phenomenon implemented in society and with the help of society; serve to satisfy certain needs that are close in content and important for the life of society. It has been proven that law enforcement activities, as well as activities related to ensuring national security, are types of state activity, a form of implementation of its functions. They are carried out on behalf of the state; are implemented by a group of entities designated by the state, endowed with special powers; are conducted on the basis and within the limits of material and procedural norms and principles developed by the state. It has been established that law enforcement activities and activities related to ensuring national security have a number of similar essential features, such as: implementation on behalf of the state, by a defined circle of subjects, within the limits of a certain procedure; implementation in certain areas related to the tasks and functions of the subjects; implementation using special means and methods. It has also been proven that the specified types of activities are characterized by the sameness of the elements of the structure, such as object, subject, content, directions of implementation. It has been proven that the main tasks that are objectified in the content of law enforcement activities, as well as activities related to ensuring national security, are: a) protection and protection of the rights and legitimate interests of a person and a citizen; b) protection of the sovereignty and territorial integrity of Ukraine; с) protection and protection of law and order, public order, interests of society and the state from illegal encroachments; d) protection of the social order of the state established by the Constitution of Ukraine. It is substantiated that law enforcement activities and activities related to ensuring national security are close, but not identical in meaning, concepts that have a number of distinctive features. The most significant differences are related to the specifics of the goal, the scope and scope of implementation, the specifics of tasks within the areas of implementation, methods and methods of implementation.

Security sector reform is aimed at transforming the security sector to increase accountability, efficiency, humanism, the rule of law and gender equality in the structural units of the Ministry of Internal Affairs of Ukraine. One of the structural units of the Ministry of Internal Affairs of Ukraine is the National Police. Gender parity in the National Police is the key to ensuring the implementation of the reform and compliance with global trends in the development of the State. The purpose of the article is to carry out a theoretical analysis of scientific research on gender equality in law enforcement agencies of independent Ukraine from 1991 to the present. The methodological basis of the study is the fundamental principles of ensuring equal rights and opportunities for men and women in society. The study used the following methods of scientific research (cognition): theoretical research methods (ascent from the abstract to the concrete, transition from the concrete to the abstract), empirical research methods (comparison), complex research methods (abstraction, analysis and synthesis, induction and deduction), which contributed to the achievement of the research objective. The stages of scientific research on the problem of ensuring gender equality in law enforcement agencies of Ukraine are identified and substantiated: the first stage (1991 - October 2004); the second stage (October 2004 - November 2015); the third stage (November 2015 - present). It is determined that scientific research on the issue of gender equality in law enforcement agencies of independent Ukraine concerned the legal regulation of the work of women law enforcement officers and their social and legal protection, gendered styles of behavior of law enforcement officers, their psychophysiological differences and gender equality, psychological conditions for ensuring gender equality in law enforcement activities, and peculiarities of development of gender relations in interpersonal communication of law enforcement officers. Three groups of problematic issues arising in the work of a female law enforcement officer serving in the National Police of Ukraine are identified and described in detail. The practical significance of the study lies in the thorough analysis of scientific research on the issue of gender equality in law enforcement agencies of independent Ukraine and the identification of unresolved issues

Objective : to study issues related to the illegal use of force by law enforcement officers against detainees, as well as to identify the impact of state laws on the rate of officer-involved deaths. Methods : the article uses the universal dialectical method of cognition, as well as general (analysis, synthesis, induction, deduction) and specific scientific research methods (formal-legal method). Results : while the public debates whether law enforcement has a problem with mis- or over-using force, the field lacks critical information concerning how often officers use force when interacting with citizens. Moreover, researchers have not examined how differences in how states restrict officers' ability to use force affect the frequency of force used. Consequently, the various reforms proposed have little evidence supporting them. Using data from Mapping Police Violence combined with census data, the authors examined the impact of the incorporation of U.S. Supreme Court jurisprudence and the overall restrictiveness each state placed on law enforcement's ability to use force when making an arrest and what constituted reasonable force within each state. It was found that the state's population size and violent crime rate were strong predictors of the number and rate of officer-involved deaths. Scientific novelty: The study showed that the incorporation of SCOTUS decisions within state laws, or the restrictiveness of state laws concerning how officers use force during an arrest, how officers use force to protect themselves or others, or the use of deadly force affect the number of officer-involved deaths that occur per year, nor the rate of officer-involved deaths per 100,000 residents per year. The bivariate analyses indicated that state laws concerning how officers use force may affect OIDs, but the inclusion of other relevant factors about the states in the multivariate analyses reduced those effects. Further, the state laws in question may not be the appropriate point to affect behavior. At this point, there has been comparatively less attention paid to state-level issues of what constitutes the reasonable suspicion necessary to begin an interaction through a Terry stop or issues where officers' behavior may have inadvertently escalated the situation to the point of using force. Practical significance : the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the impact of state laws on officer-involved deaths.

Цель: to analyze the far-right extremism’s anti- government ideology as an external threat to law enforcement officers. Methods: dialectical approach to cognition of social phenomena, using the general and specific research methods based on it. Results: The relationship between far-right extremism and law enforcement in the United States has a long and complicated history. In 2020, this relationship was on display as both far-right extremists and law enforcement agencies were brought into the national spotlight for their roles in multiple unprecedented events. This research discusses how far-right extremism’s anti- government ideology represents an external threat to law enforcement officers. This threat is discussed through the presentation of 30-years of data on law enforcement officers killed in the line-of-duty by far-right extremists from the Extremist Crime Database. In addition, the research also examines law enforcement’s implicit and explicit support for far-right extremism, which creates an internal threat against the legitimacy of the profession. Finally, policy initiatives that come from, and build upon, prior research are discussed to reduce these threats.Scientific novelty: for the first time, the work substantiates that far-right extremists threaten the safety of law enforcement officers in the United States. Antigovernment extremists, who do not believe that they are subject to the laws of the jurisdiction where they live, pose the risk of escalating to violent acts when encountering law enforcement when they engage in both ideologically motivated and routine criminal activity. In addition, law enforcement agencies who hire far-right extremists face the very real prospect of becoming illegitimate in the eyes of the communities to whom they are sworn to serve and protect. Decades of criminological research has shown that lack of trust in law enforcement makes the job of policing a community more difficult and more dangerous. Although multiple paths forward were outlined that build on prior research and empirical knowledge, only decisive action by law enforcement and policymakers will result in outcomes that reduce the risk of external violent victimization to police and protect law enforcement agencies from being delegitimized by the presence of far-right extremists within their ranks.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the prevention, suppression and investigation of extremist crimes.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.For original publication: Parkin, W. S., Mills, C. E., Gruenewald, J. (2021). Far-Right Extremism’s Threat to Police Safety and the Organizational Legitimacy of Law Enforcement in the United States, Criminology, Criminal Justice, Law & Society, 2021, Vol. 22, No. 2, pp. 1–24. Publication URL: https://ccjls.scholasticahq.com/article/26321-far-right-extremism-s-threat-to-police-safety-and-the-organizational-legitimacy-of-law-enforcement-in-the-united-states

This paper analyses the complex relationship between rural social structure and law enforcement. It examines perceptions regarding effective policing and levels of local crime among a selected sample of police officers in rural New South Wales, Australia. Rural officers were oriented toward practical community policing by being sensitive to expectations their communities have about providing service and maintaining order in addition to enforcing the law. Officers with accurate perceptions about local levels of crime liked their communities and said that accommodating to the community, being a good listener and treating the placement as a 24 hour job, were essential for being an effective police officer. Lower ranking, recently assigned and younger officers more accurately estimated local crime levels. Contrary to earlier research in selected high‐crime rural Australian communities, most of these respondents liked their placements. Many seemed sensitive to avoiding urban police culture, at least during the earlier phases of their careers.

In the research papers on victimology the academicians usually define victimization as the whole complex of all cases when an individual (a social community) suffers moral or bodily injury and damage in a crime. Under the cited above meaning “victimization” as the gene-realization of the whole vicinity realized is the most appropriate term that corresponds to the term “crime”. In a certain extent victimization is simultaneously the measure of human destructibility realized in crimes. At that business victimization levels exceed the levels of crimes related to them one and a half time. At the same time the level of residential victimization totally tops the number of crimes committed against businessmen in 2 and 2,5 times. Thus the breach is the more, the better is the public’s activity in combating crime and the less is its reliance in private security. Thus businessmen’s anxiety about property security and extra emergency measures undertaken by them equalize the levels of victimization and crime. On the other hand, equalization of the victimization and crime levels is caused by the process of objective coalescence of business units and criminal groups and the pronounced tendencies to restricting influence of organized crime upon businessmen.

The spread of the criminal economy is the biggest problem in the global financial environment. Cuba, Venezuela, and Colombia are characterised by a fairly high level of economic crime. In these countries, criminal economic activity flourishes, which reduces the social development of states and spreads unemployment and poverty in their territories. That is why the issue of the criminal economy of Cuba, Venezuela, and Colombia and the specifics of the structure, intersection points, and assessment of the level of profitability in these countries is quite relevant. It is in these areas that the problem of developing the criminal economy is poorly regulated and along with criminal activities there is a problem of poverty and the presence of military conflicts. That is why the purpose of this study is to investigate and generalise aspects of the criminal economy of Cuba, Venezuela, and Colombia, and to determine the features of its structure, intersection points, and assessment of the level of profitability. Theoretical methods were used during the study – analysis and synthesis. In particular, it was determined that the intersection points of the criminal economies of Cuba, Venezuela, and Colombia are focused on the activities of the transnational criminal organisation National Liberation Army. It is established that the main structural elements of the criminal economy in cooperation in these countries are drug trafficking, fuel smuggling, illegal gold mining, prostitution, and human trafficking. The assessment of the level of profitability showed that the countries under study are disadvantageous, which is explained by the presence of a high level of criminal economy. Based on the results of the study, measures were developed and proposed to combat the criminal economy in relation to the intersection points in Cuba, Venezuela, and Colombia. It is determined that the main areas for reducing the level of the criminal economy should be measures aimed at combating the transnational criminal group – the National Liberation Army, actions to eliminate businesses for the production and sale of drugs, fuel smuggling, prostitution, and human trafficking in the territory of the considered countries. Thus, the practical significance of the study is that the identified measures to combat the criminal economy can be used in Cuba, Venezuela, and Colombia to improve the social situation in these countries and raise the standard of living in these areas

Community policing is an approach to policing that brings together the police and local communities to develop local solutions to safety and security concerns. This study sought to assess community policing in crime management in OngataRongai, Kajiado County. The study was guided by three specific objectives; to examine community policing partnerships, to analyze crime intervention techniques and to identify organizational features in crime management in OngataRongai. Broken Windows ‘Theory’ of Crime was applied in addressing the theoretical background of the study as well as linking it to the study objectives. Descriptive research design was used as the methodology for carrying out research. The target population for this study comprised Kenya National Police Service, State officers from the Ministry of Interior, Government policing agencies, and stakeholders from Religious groups Community-Based Organizations, civil society organizations, business community, the private security industry, the media, Non-Governmental Organizations, special needs groups, educational institutions, youth and women’s organizations. Purposive sampling was utilized and the sample size was 100 respondents. The study used questionnaires, guided interview schedules, telephone interviews and focused group discussions. A total of 3 Focus Group Discussions and 4 key informant interviews were conducted. Validity and reliability of the questionnaires were determined by conducting a pilot study in the adjacent sub-county of Ngong. Quantitative data was analyzed using descriptive statistics while qualitative data was presented through content analysis as obtained from the field exercise. The major findings of the study include; the existing partnerships were not effective due to lack of trust and interest between the police and members of public to CP program in OngataRongai; the introduction of flood lights, mulika platform, marking/naming of streets, regular foot and mobile patrols, KaziMtaani Programmes, installation of CCTV Cameras and zoning of areas had enhanced safety and security by positively contributing to a decrease in crime; LEMELEPO, Ole Kassasi, and OngataRongai CBOs had assisted to bring down levels of crime. These were some of the key recommendations; The police should cultivate a culture of partnership with members of the public by identifying and striving to overcome the problem of long-standing mutual mistrust and suspicion; the government should ensure the police are equipped adequately with the necessary logistics, training, terms and conditions of service and facilitation to enable the them discharge their mandate effectively; members of public should be sensitised on the importance of having good relationship with the police and providing information concerning insecurity and other forms of crime; and lastly the government should create an enabling environment for the conduct of business in the country to prevent the youth from engaging in criminal activities.

The purpose of the article is to study the modern comparative approach to determining the influence of the level of the legal protection of public morality on the axiological component of legal relations and law enforcement activities in Ukraine within the framework of theoretical and legal discourse. As a result of the conducted analysis, it is necessary to state that the axiology of legal relations in society in the general system of coordinates and interaction with other types of social relations is permanently permeated by the categories of social morality. At most, morality is a system of principles, and a spindle of social principles, which permeates all types of social relations without exception, is the starting point for their generally human and philosophical qualification, a marker of compliance with the needs of modernity. The article establishes that law enforcement activity is a special type of social relations, since on the one hand it interacts prominently with society, the widest circle of legal subjects, almost without exception, on the other hand, it is a narrow-profile, specialized activity of persons authorized to do so. Therefore, it was established that the law enforcement sphere is at the same time the so-called issuer, creator, and developer of moral principles, as rule narrow-branch ones, which, at the same time, clearly intersect and interact with general social principles, complementing each other, penetrating into other spheres of sectoral social relations, supplementing them, changing, transforming legal validity, etc. It was established that the level of public morality of law enforcement officers directly affects the state of compliance with public morality by civil society, and vice versa: the level of public morality of society draws a demarcation line for the system of permissible worldview and behavioral principles of law enforcement agencies. At most, it seems quite obvious that one of the most effective means of acceptance by law enforcement agencies of values, principles, ideas, and norms of public morality is the maximum integration of law enforcement agencies into the social, human plane, their immersion in the urgent needs of society, its requests, the spirit of the law as much as possible, to which it aspires. At the same time, the so-called "humanization" of law enforcement agencies is, on the one hand, a demand of society for the law enforcement system and, at the same time, a guarantee of the protection of public morality, because only humanized law enforcement agencies are able to ensure and guarantee the specified process.