Family and household factors contributing to female crime. Domestic Crime Recommended List of Dissertations

70 2. CRIMINOLOGICAL INDUSTRY

FAMILY CRIMINOLOGY

UDC 343.9 BBK 67.51

A.G. Filimonova*

REGIONAL FEATURES OF SOCIO-ECONOMIC AND DEMOGRAPHIC PROCESSES AS CRIMINOGENIC FACTORS OF THE SEED SPHERE

Squeeze: Internal discord in the family can lead to violence against children and elderly parents, to the commission of offenses by minors, and child homelessness.

Key words: criminogenic factors of the family sphere; juvenile crimes; Kemerovo region.

REGIONAL PECULIARITIES OF SOCIAL, ECONOMIC AND DEMOGRAPHIC PROCESSES AS CRIMINOGENIC FACTORS OF FAMILY SPHERE

Summary: Family discord can lead to child and elder abuse, juvenile crime, child homelessness.

Key words: criminogenic factors of family sphere; juvenile crime; Kemerovo region.

In the complex interaction of circumstances and processes that give rise to crime, the negative components of family relations play a significant role. Intertwined in a certain way with each other, as well as with other criminogenic determinants, they determine the commission of crimes.1

Internal discord in the family can lead to violence against children, elderly parents, often leads to the commission of offenses by minors, child homelessness. In turn, the family is connected with the macrostructure of society, with the main laws of its development.2

* Anargul Grigorievna Filimonova - Adjunct of the Department of Criminology, St. Petersburg University of the Ministry of Internal Affairs of Russia (St. Petersburg, Russia). Email: [email protected].

© A.G. Filimonova, 2G13

1 Shestakov D.A. Family Criminology: Criminology. - St. Petersburg: R Aslanov Publishing House "Legal Center Press", 2GG3. - S. 117.

2 Shestakov D.A. Family Criminology: Criminology. - S. 122.

Criminology

With the beginning of the reforms of the 90s of the twentieth century, the indicators of the development of the Kemerovo region are characterized by aggravated negative trends. According to the Civil Registry Office for the Kemerovo region, for 9 months of 2011, 18,269 weddings were played in Kuzbass, and 10,927 couples divorced. That is, out of 100 marriages, 60 break up. This is a long-term average for the Kemerovo region, which has been ranked 3rd in Siberia in terms of the number of divorces for several years by the end of the year. In addition to the general reasons for this phenomenon, the specific, typical for the Kemerovo region, include the employment of heads of families in the raw materials, extractive industries of the economy.

Despite the fact that in recent years there has been a high increase in the birth rate, over the past 15 years the birth rate has generally been lower than the average for Russia. The out-of-wedlock birth rate is on the rise. Quite often in our time, children born out of wedlock are abandoned by their mothers. In 2009, 138 babies were left in the region's maternity hospitals. Bo-

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More than 80% of the children left behind were born out of wedlock.

In practice, the facts of committing infanticides are not uncommon. For example, T.S. Semisotova, who does not have her own housing, is registered in the territory Russian Federation And permanent place residence, after parting with his roommate Shevyakov M.G. remained to live in Novokuznetsk, Kemerovo Region, in rented housing with her young daughter, Yu.M. Semisotova, born on May 30, 2010. As a result of a personal enmity towards her young daughter, she killed her by drowning her in a tank of water.

The problems of intra-family violent crimes or, as it has become fashionable to write in recent years at the suggestion of the feminist trend, the problems of “domestic violence” in Russian family criminology are among the most developed.4 Infanticide continues to be one of the most common types of female violent crimes. Taking into account their high latency, it makes up a fairly large share in the structure of committed murders.5 Similar facts of committing crimes by O.V. Lukichev substantiates that the determining factor in the characterization of infanticide is the condition of a woman, in which her ability to reason and evaluate her actions is weakened. This state of the subject is characterized by emotional stress; nervous shock; traumatic neurosis; a reactive state that arose under the influence of traumatic experiences, an affective experience.6

3 See Archive of the Kemerovo Regional Court for 2012, Criminal Case No. 2-71/12.

4 Shestakov D.A. On one of the aspects of the criminogenic situation // Bulletin of Leningrad State University, 1976. - No. 11. - P. 116-121; his: Introduction to the criminology of family relations. - L., Leningrad State University, 1980. Kharlamov V.S. Counteraction to intra-family violent crimes by police units. - St. Petersburg, 2007.

5 Lukichev O.V. Criminal law and criminological characteristics of infanticide: author. dis. ... doc. legal Sciences. - St. Petersburg, 1997. - S. 10.

6 Lukichev O.V. Criminal-legal and criminological characteristics of infanticide. - S. 11.

The death rate of the population of working age in the Kemerovo region on average exceeds the average Russian data by 1.5 times. The explanation for this can be more difficult working conditions (unfavorable climate conditions): work in the extractive industry is associated with a high degree of industrial injuries (man-made accidents and disasters can also be attributed there), work in mines is always associated with a high probability of developing occupational diseases leading to early disability and death. It is also necessary to take into account the presence of a large number of marginalized elements, homeless people, alcoholics, drug addicts. The death rate of the population of working age entails the spread of orphanhood and the number of single-parent families, the level of income in which, due to the loss of a breadwinner, drops sharply. Thus, conditions are formed for increasing the scale of neglect and juvenile delinquency.

The problem of the regional labor market is also important, which is largely structural in nature: in the presence of unemployment, the regional economy in some specialties and skill levels is experiencing a shortage of personnel. The phenomenon of unemployment, the imbalance of the labor market have an adverse impact on the social situation of the population of the Kemerovo region. Under these conditions, not only the unemployed themselves, but also their family members are vulnerable.

In such a life situation, underage children of adolescence are especially prone to commit illegal acts, use alcohol and drugs, leave home, vagrancy, in turn, their unemployed parents, being in a state of constant stress, are much more likely to use "physical measures of education", such like beatings, beatings, intimidation with gestures, slaps, etc.

The well-being of children is directly determined by the presence of the necessary conditions for their upbringing and development in the family. The main part of the adult population

72 2. CRIMINOLOGICAL INDUSTRY

Governments, including women with minor children, are forced to work full-time, earn extra money in their free time from their main type of employment. As a result, adults spend less time with their families, pay insufficient attention to children, which creates favorable conditions for the latter to spend their time aimlessly, and ultimately

account leads to the commission of illegal actions.

The features of the above socio-demographic processes taking place in the Kemerovo region do not contribute to the strengthening of family relations, have a negative impact on minors, contribute to the commission of such crimes as theft, hooliganism, murder and others.

Crininology

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COURSE WORK

domestic crime

Introduction

1. Criminological characteristics of domestic crime

2.Determinants of domestic crime

Characteristics of the personality of a domestic criminal

Conclusion

List of sources used

INTRODUCTION

Relevance of the research topic. Modern conditions of social life, accompanied by socio-economic and other contradictions, have a negative impact on the life and activities of people, contribute to a change in the traditional picture of crime. In the last decade in Russia, there has been an increase in the share and unfavorable qualitative trends in the state of domestic crime.

This is largely due to the weakening of state and public control, the destruction of the system for the prevention of domestic offenses, unfavorable socio-economic processes both in society as a whole and in the domestic sphere. Domestic crime is acquiring new features. There are new factors that cause domestic crimes, the influence of the previous factors that make up the causal complex of crimes of this type (drunkenness, unemployment, recidivism, etc.) deepens. The criminological and social characteristics of the perpetrators are deteriorating. Meanwhile, the main criminological studies of domestic crime were carried out in the 70-80s. last century. Moreover, over the past decade, the problem of preventing domestic crimes as a whole has remained outside the field of view of scientists. The foregoing necessitates a comprehensive study, analysis and assessment of the problems of domestic crime in relation to modern conditions.

The degree of theoretical development of the topic. The theoretical basis for writing a term paper was the scientific works of such scientists as: S.B. Alimov, Yu.M. Antonyanov, G.A. Antonov-Razumov, N.I. Beltsov, Ya.I. Gilinsky, I.V. Gorshkov, U.F. Juraev, A.I. Dolgova, D.A. Koretsky, N.F. Kuznetsov, A.N. Ilyashenko, R.A. Levertov, Yu.M. Livshitsy, F.A. Lopushansky, M.G. Malikov, N.P. Mozgov, G.A. Panfilov, A.M. Prokhorov, V.P. Revin, G.M. Reznikov, A.G. Saprunov, O.V. Starkov, A.N. Tikhonov, V.A. Tkachenko, SV. Trofimov, E.O. Finko, D.A. Shestakov and others studied the problems of domestic crime. In the works of these authors, criminogenic factors in family and domestic relationships are considered, an attempt is made to trace the role of the family in the reproduction of the main types of crime, and the problems of preventing domestic crimes are studied. Their works have not lost their significance in the modern period.

Therefore, the state of modern domestic crimes, as well as the issues of their prevention, require targeted study.

The purpose of this course work is the study of the criminological characteristics of domestic crime, the personality of a domestic criminal. Finding out the main causes of modern domestic crime.

Achieving the goal is carried out by implementing the following main tasks:

Ø to analyze the concepts of "everyday life", "everyday relations" and the existing definitions of domestic crimes, on the basis of which to develop the concept of modern domestic crimes;

Ø give a criminological description of modern domestic crimes;

Ø to study statistical data on the state, dynamics and structure of domestic crimes and determine their trend;

Ø identify the features of criminological characteristics and some socio-psychological aspects of the personality of a modern domestic criminal;

Ø identify the causes and conditions (determinants) of modern domestic crimes;

Interest in studying the topic domestic crime, due to the fact that a special place of family and domestic relations in the system of human values, in human history itself. This is also expressed in the global recognition of the family as a natural and basic unit of society, in need of special protection from society and the state.

1. CRIMINOLOGICAL CHARACTERISTICS OF DOMESTIC CRIME

Recently, in Russia there has been an increase in the proportion of crimes committed on family and domestic grounds, which causes close attention of scientists to this problem. However, modern researchers of domestic crime do not have a single theoretically substantiated criterion that allows one or another crime to be classified as domestic. The concept of “domestic crime” appeared in our legal literature due to the fact that the Criminal Code of the RSFSR of 1922 was supplemented in 1924 with Chapter IX “Crimes that constitute remnants of tribal life”, which, with some changes, was transferred to the Criminal Code of the RSFSR of 1926 ( Chapter X) and in the criminal codes of other republics. Accordingly, domestic crimes were understood as those that were remnants of tribal and feudal life. The term "domestic crime" was used in this sense mainly in the 1920s. Nevertheless, even then, this concept also included crimes provided for by other chapters of the Criminal Code, in particular moonshine, hooliganism, possession of firearms, living under someone else's document, unauthorized abandonment of a certain administrative and legal order established by law. judiciary places of residence (Articles 140, 176, 220, 222, 223 of the Criminal Code of the RSFSR of 1922). At the same time, it was noted that “most of these crimes are “domestic” crimes committed by irresponsible elements due to darkness and lack of culture.” The first attempts were made to define "everyday" crimes in a new sense as a "everyday phenomenon".

Thus, although on initial stage development of Soviet criminology and there were no special criminological studies of domestic crimes, nevertheless, attempts were made to isolate them. In connection with a radical turn in criminal policy, a change in the title of the chapter of the Criminal Code of the RSFSR in 1961, which became known as "Crimes constituting remnants of local customs", the term "domestic crimes" was already understood in a different sense and lost its original meaning.

The first works devoted to domestic crimes appeared in the 60s (F. Tikhankin, N.I. Khlyupin and others). The revival of the term “domestic crime”, understood in a new sense, was due not least to the introduction by the instruction of the Ministry of Internal Affairs of the USSR No. other household motives. In essence, the allocation of the problem of domestic crimes is associated with the improvement of the criminological classification of crimes. Researchers of the problem of domestic crimes use different terms for their designation: "domestic crimes", "crimes committed in the family and domestic sphere", "crimes on domestic grounds", "crimes committed on domestic grounds", "crimes committed on the basis of domestic conflicts” and others. Some authors, in particular L.P. Mozgovoi believe that all these concepts are similar. Others, such as D.A. Koretsky, divide domestic crimes into “due to everyday life” (non-violent) and “committed on the basis of domestic conflicts” (violent). Indeed, the theft of personal property by one spouse or neighbor from another, and premeditated murder committed by one of them, can also be attributed to domestic crimes. According to A.V. Starkov, the main drawback of almost all definitions of domestic crimes is the mixing of two levels: general social, i.e. crime in the sphere of everyday life, and personal-microenvironmental criminal behavior of members of everyday social groups against each other. Apparently, this shortcoming is inevitable, since domestic crimes must differ on one basis, which is the concept of "domestic", and it can be distinguished at both levels. Let's look at these definitions.

So, Yu.M. Livshits defines domestic crime as committed in places where domestic functions are performed, outside working hours by a person guided by the motive of personal relations with the victim in connection with the participation of the parties in domestic relations, and causing moral and material damage to the individual or violating public order. G.A. Panfilov distinguishes four factors in everyday crimes: “sociological”, by which he means “relationships of people formed on the basis of personal communication”, “victimological” - “the attitude of the victim to the criminal, the behavior of the victim”, “motivational”, which includes “the motivation of the behavior of the criminal ", and "situational", which, as he notes, "is of a conflict nature."

Criminal violence is a kind of indicator of negative trends in society. The nature and scale of such violence depend on the characteristics of the development of everyday life and domestic relations in society.

Personal and household relations are understood as relations between spouses, cohabitants, relatives, tenants, neighbors and other persons, communication between which is due to cohabitation. Social and domestic relations develop between those who perform work on servicing someone and the persons who are served, as well as between customers in connection with this service (for example, between a seller and a buyer or between buyers arguing about the order of service). A necessary and sufficient sign of a domestic crime is a domestic conflict, an acute

» Criminogenic situation in the sphere of family and domestic relations Due to a number of reasons, primarily socio-economic (unemployment, alcoholization of the population, decline in morality, etc.), the crime situation in the sphere of family and domestic relations remains difficult. In the sphere of everyday life, as a rule, every third murder and serious bodily injury is committed. Moreover, when committing domestic crimes, unmotivated cruelty increases, often the behavior of criminals does not lend itself to sound logic and reason. So, a resident of the city of Shchuchin, from a hunting smooth-bore firearm, fired at least two shots at his wife and daughter born in 2007, causing them both bodily injuries, after which, while lying on a bed in a room, he shot himself in the head, from which he died on place. The daughter of this "man" died in the hospital at the time of the operation, without regaining consciousness. And in this sense, domestic crime is a special social danger, it necessitates continuous improvement of work on its prevention. Violence in the family includes intentional actions of a physical, psychological, sexual nature of a family member in relation to another family member, violating his rights, freedoms, legitimate interests and causing him physical and (or) mental suffering, based on hostile relationships or sudden conflicts between family members. As a rule, offenses of this type are committed by: - ​​persons leading an antisocial lifestyle, who have been convicted of intentional crimes in the past, but who have not embarked on the path of correction. These are usually alcoholics, everyday drunkards, constantly violating public order (committing hooligan actions), engaging in torture, mocking family members, relatives, neighbors; crimes in everyday life are a manifestation of their general antisocial position; - persons who were previously generally characterized positively commit crimes in complex conflict situations in response to the wrong, often even unlawful behavior of the victims (threats, violence, bullying, etc.). They commit crimes largely by accident, often in a state of intoxication or under the influence of the situation, other participants. Among the most important criminogenic conditions, drunkenness should be attributed, since the use of alcoholic beverages, and even more so systematic, contributes to the extinction of subtle, emotional experiences, the weakening or loss of self-control, the manifestation of cruelty, rudeness, irascibility and aggressiveness. Intoxication sharply exacerbates other negative qualities of character, feelings of revenge, jealousy. It is no coincidence that the vast majority of criminals who violated public order or committed crimes against a person on the basis of domestic relations either used alcohol constantly before or were in a state of intoxication at the time of the act. For example, a family (mother and son) lived in the Korelichi district, both were characterized negatively at the place of residence, abused alcohol while drunk, made scandals among themselves, sometimes accompanied by beatings to each other. As a result, being in a state of alcoholic intoxication at the place of residence, the son, in the course of a quarrel that arose, striking with his hands and feet on various parts of the body, beat his mother, causing her serious bodily injuries, from which she died. The commission of violent crimes, primarily murders, the infliction of grievous bodily harm, is also facilitated by the indifference of others to the facts of socially dangerous behavior of individuals. These acts are often preceded by circumstances that testify to the corresponding intentions of the perpetrator, they are usually expressed in death threats, persecution of the victim, in beatings, torturing, and are accompanied by repeated acts of hooliganism. Such behavior, of course, becomes known to a wide range of people: neighbors, colleagues, representatives of public organizations at the place of residence or work of the family brawler. So, in the Zelvensky district there lived a woman with three children, two of whom were minors. The husband of the woman, the father of the children, also lived with them; including in winter. Seeing this behavior of her husband, the woman repeatedly expressed her intention to leave him, move to a new place of residence. In turn, her husband expressed threats of physical violence against her, murder, if she did so. All of the above, including the death threats, was known to the neighbors, but no one reported to the police. Unable to bear the bullying of her husband once again, the woman with the children left home and moved to live in the Slonim district. The husband, having learned about his wife's new place of residence, began to come to her, asking her to return home, however, having received a refusal, he made scandals in front of other fellow villagers and left. At the place of residence, the husband expressed his intention to burn down his wife's house with her and the children, which he did, being in a subsequent state of alcoholic intoxication. Waking up from the smell of burning, the woman managed to save the children by pulling them out of the house, but she herself died while trying to save her property. The negative impact of an offense in the sphere of family and domestic relations lies, first of all, in the formation of a sense of permissiveness, impunity, disregard for both the law and generally accepted norms of morality among offenders. But the most dangerous outcome of any family conflict is the negative impact it has on children. Family trouble is the main reason for the shift in the value orientations of adolescents, constant quarrels, physical abuse of parents forms cruelty and anger in the character of a minor and serves as a breeding ground for their further involvement in illegal behavior. Some features are distinguished by conditions conducive to infanticide, the number of which is also at a fairly high level. The main reason for infanticide is the unwillingness to take care of the upbringing of the child, as well as a sense of shame if the pregnancy is not related to marriage. A significant role is also played by such unfavorable circumstances in the life of a pregnant woman as divorce, material difficulties, inadequate housing conditions for raising an unborn child. These external conditions may encourage a woman to first try to terminate the pregnancy by abortion, and when this fails, then by committing infanticide. The mental state of a woman can also influence the adoption of such a decision. So, a young resident of the Shchuchinsky district, registered in a narcological office with a diagnosis of “Alcohol use with harmful consequences”, in a state of psychotraumatic situation, committed the murder of her newborn daughter by suffocation with her hands. A concomitant factor was family trouble: scandals arose with her husband due to the woman's drinking, in connection with which they subsequently began to live separately. Their eldest daughter was recognized as being in a socially dangerous position. The effectiveness of family social support in the form of various social services (consultative, psychological, psychological and pedagogical, and others) in case of conflict relations in the family is not yet high enough. Very great difficulties in providing assistance arise with the exchange of housing in the event of a divorce - often former spouses are forced to live in a common apartment for a long time, which often contributes to even greater manifestations of aggression. The methodology for the prevention of offenses in the sphere of family and domestic relations includes the implementation of a wide range of various activities, mainly of an educational nature. In no case can successful prevention of domestic crimes be ensured only by carrying out special educational and other measures at the place of residence, although they are absolutely necessary. A large role in the prevention of crimes in the sphere of everyday life should be played by public organizations at the place of work or study of offenders, including prevention councils, labor collectives, administrations of enterprises and institutions. The specifics of the work of the police in the prevention of crimes committed on the basis of domestic relations lies not only in organizing an effective system for responding to signals about already committed offenses, but also in carrying out preventive measures to identify "problem" families, acute domestic conflicts, fraught with tragic consequences, and finally, in the implementation of educational work with persons in respect of whom the possibility of criminal behavior in everyday life is predicted. In the conditions of family and domestic relations, it is very important to detect the development of the immoral actions of one of the family members into a crime or an administrative offense. The perception of such actions by people is highly subjective; for some, this may be a reason for immediate appeal to the police, others for a long time hide the facts of even brutal violence, insult, humiliation of honor and dignity of a person for various reasons: not seeing this as illegal behavior (since everything happens between relatives), not wanting an offensive for guilty responsibility. This is one of the difficulties and difficulties in organizing a response, because police officers often, unfortunately, learn about a conflict in a family not at the time of its occurrence, but during the period of development or climax. The internal affairs bodies continue to increase their efforts in combating domestic crime. Opportunities provided by the legislation are being used, interaction with the interested bodies for the prevention of offenses in the field of family and domestic relations is being activated. These are areas such as providing early detection children brought up in dysfunctional families, taking measures to organize proper preventive monitoring of previously convicted persons who have served sentences for domestic crimes, interaction with village and town councils, housing maintenance organizations to identify citizens who have not paid utility bills for a long time, leading an antisocial image life, conducting mobile court hearings to isolate persons who abuse alcohol in the conditions of medical and labor dispensaries, partial restriction of legal capacity and deprivation of parental rights, identification of elderly citizens living together with relatives leading an antisocial lifestyle. And this is not the whole list of activities that is carried out in order to prevent offenses in the field of family and domestic relations. To stabilize the situation in the sphere of family and domestic relations and protect minors living in dysfunctional families, Decree of the President of the Republic of Belarus of November 24, 2006 No. 18 “On additional measures to state protection children in disadvantaged families. Its main goal is to ensure the protection of the rights and legitimate interests of children, to help increase the responsibility of fathers and mothers who do not fulfill their parental duty. In order to take effective and timely measures to prevent violence and normalize the situation in these families and involve all those interested in this Grodno region, as well as on the territory of the republic, an action is held from April 15 to April 30, 2014 "House without violence". Within its framework, working groups (which include employees of the police, education, health, labor and social protection, and the media) go to family scandals, visit dysfunctional families in order to take effective measures to prevent violence and normalize the situation in these families. However, without an active position of citizens in the prevention of offenses in the sphere of family and domestic relations, state bodies will not solve this problem one hundred percent. Therefore, it is necessary for people, if they have information that an unfavorable situation has developed in a particular family, that someone sells alcohol or moonshine, to report this information to the nearest internal affairs body. Every law-abiding resident of Belarus must understand that those malefactors who illegally sell alcohol have only one goal - this is profit. They do not care about the health of citizens, not about what tragic consequences may come. Direct telephone lines have been set up in all territorial internal affairs bodies of the republic, by which you can call at any time of the day and inform law enforcement agencies of information about persons involved in the manufacture or sale of alcohol-containing liquids, including moonshine. You can also report any information about the illegal circulation of alcohol, as well as about persons causing scandals, to the district department of internal affairs by calling 797333 or by calling 102.

Criminological interest in family problems is not accidental. For more than one millennium, the family, being the main structural link of the human community, reflects social processes, is amenable to their influence and, in turn, influences them.

In the modern period of development of society, general social problems complicate the crime situation in the state and affect the possibilities of the family in the sphere of the full-fledged upbringing of children and youth. For example, in the economic sphere there are problems of employment and non-payment of wages, the deterioration of the demographic situation in the state. In the political sphere, there is a lack of a mechanism for implementing the state policy on child protection. In the cultural and moral sphere: the lack of due attention to the sexual education of children, the shortcomings of family education.

In criminology, the family also acts as an important preventive factor, thanks to which a person who has a tendency to illegal behavior can abandon his anti-social intentions. A number of studies show that men convicted of violent crimes, if they have a family, quite often characterize their family relationships negatively.

There is also an opinion in the literature that the presence of a family is also an anti-victim factor that helps prevent participation in a crime as a victim where this can objectively be done, avoiding provocative behavior. For example, women with families and children often cannot visit companies where sexual violence against them is possible. Relevant in the context of the study of family deviation is the issue of female crime.



Since family and maternal functions occupy an exceptional place in their lives, everything negative that comes from the outside is perceived by them as a threat to themselves and their loved ones. At the same time, the negative impact of women's criminal behavior on the moral atmosphere in society, the family, the moral and psychological state of children cannot be underestimated. While female crime rates are significantly lower than male crime rates, its negative consequences and impact on young people and society as a whole are more tangible.

It is necessary to consider the phenomena that disorganize family life and often serve as a catalyst for the emergence of a criminogenic situation. Disorganization trend sexual relations people to one degree or another always continues to oppose the mechanisms of social regulation. In Ukraine, there is a legal ban on polygamy, contained in the Family Code, which prohibits entering into a new marriage without dissolving the previous one. However, no normative act establishes legal liability in the case of extramarital affairs between men and women. In criminology, as in psychiatry, crimes committed out of jealousy have long been investigated. If we are talking about a morbid state of mind that arose in connection with unfounded suspicions, then in this case, the intervention of specialists of the appropriate profile is necessary. But if we are talking about the existing violation of marital fidelity, then the question arises whether it is possible to correct the situation with the help of criminological measures. How to correlate the need to form from childhood in the process of sexual education the readiness for decent behavior in marriage, the need to show trust when creating one's own and the ability to show understanding if this trust is betrayed.

In our opinion, it is necessary to teach the younger generation that marriage is not a right to own a wife or husband; it is an alliance that is primarily based on trust. The biological, material and spiritual unity of spouses is what distinguishes a real family from temporary unions based on selfish, private property and other selfish interests. Adultery is difficult to experience, the support of the environment may be required, but it is not an excuse for harming the life and health of those involved.

One of the most typical symptoms of the disorganization of sexual relations in society is the widespread prostitution. The modern understanding of prostitution includes: 1) systematic, sexual intercourse with an indefinite circle of persons, not related to intimate feelings and individual choice of the object of intercourse, 2) sexual intercourse for money, material gain or benefit in another material sense.

Society often tries to find acceptable arguments to justify the existence of prostitution, to explain this by factors outside the sphere of social relations. The idea that she is driven to this difficult financial situation and unemployment seems to be erroneous, as well as the assumption that these women have hypersexual phenomena. We believe that in this case we are talking about a false system of values, lack of sexual education, extreme moral licentiousness, caused by a social environment where the cult of violence, lack of spirituality and lack of ideas reigns.

We should not forget about the so-called veiled prostitution. When women live in actual marital relations with men in order to obtain certain material benefits.

One of the most subtle forms of sexual speculation is pornography. Today, porn products have flooded the media, the Internet, where it is difficult to hide from the constantly attacking sexual unruliness. If the influence of pornography on an adult sexually healthy person is relatively and temporary, then in relation to children, whose value system has not yet been formed, and whose ideas about the sexual sphere are superficial, it is rather difficult to predict what kind of influence it will have on later life, including family life. watching a porn movie. And also what will be the behavior of the child immediately after watching. In addition, early and excessive interest in pornography is often the cause of premature impotence in men. At the same time, the creation of a family is excluded, or the created families break up, which, in turn, causes various kinds of mental disorders, antisocial deviant behavior.

It is obvious that the approach to the issue of improving the health of the family by general social and special criminological methods should be addressed in conjunction with other social problems. In particular, it is known that the psychological microclimate of the family has a significant influence on the moral development and behavior of children. The attitude of family members to each other, their statements about certain events, discussion of books read, films watched, television programs, value judgments about the misdeeds of others, actions and relationships, attitude to their work - all these are peculiar moral lessons that family members receive every day. Thus, further studies of the family as an object of criminological interest should take place from two angles: a) from the standpoint of its functional deviations, which ultimately determine the criminal phenomena “within the family”, b) from the standpoint of its external insecurity in the conditions of the crisis that is today experiencing Ukraine.

A.L. Shishelyakina

Tyumen, Institute of Problems of Development of the North SB RAS

Introduction

Relevance. Modern Russia is still experiencing a socio-economic crisis that has a negative impact on all spheres of society. One of the most acute problems of our time, characteristic of such a crisis, is the ongoing growth of crime. In order to develop high-quality countermeasures, it is necessary to study crime as a social phenomenon from all sides, paying special attention to such a complex and multifactorial part as the causal complex of crime.

One of the most important determinants of criminal behavior is the family atmosphere. The family has always been one of the basic social institutions designed to ensure the continuity of generations, promote the socialization of children and introduce them into society. And it is the psychological microclimate of the family that has a huge impact on the formation of antisocial inclinations in the individual. Unfavorable family environment, as studies show, is one of the main reasons for the commission of criminal acts by a person, especially in cases of juvenile delinquents.

It is not easy to analyze the phenomenon of family crime and the family as determinants of criminal behavior, since the family sphere is least of all amenable to legal regulation from the outside, and family crime is a phenomenon that has many forms and manifestations.

The object of this study is social relations that develop in the family sphere.

The subject of the study is the scientific approaches and provisions contained in the legal and psychological literature, which consider the family as a factor in the formation of the personality of a criminal, and the legal norms governing intra-family relations.

The purpose of this work is a comprehensive analysis of family troubles as a criminogenic factor, as well as the identification of existing problems in the field of preventing illegal behavior and improving the family atmosphere and finding the most effective ways to solve them.

Tasks of this work:

1.determine the essence of the family as a social institution;

2.designate the role and importance of the family in the process of socialization and personality formation;

3.to consider the criminogenic influence of the family environment throughout the life of the individual;

4.consider the currently existing ways and means of protecting the family and childhood;

5.suggest ways to improve preventive measures aimed at improving the health of the family.

The methodological basis of the study was an extensive set of methodology, including: systemic, dialectical, historical methods of cognition; general scientific methods and techniques: induction, deduction, analysis and synthesis, abstraction; special methods: comparative and formal-legal.

1. Questions of theoretical definition of the contents of some concepts

1 To the question of the content of the concept of "family"

Considering the problem of family crime, first of all, it is necessary to understand what a family is. The concept of the family is different for different peoples, moreover, it has changed significantly in different periods of history. In the framework of this work, it would be most relevant to refer to the current definitions of this concept. However, despite the fact that the protection of family relations is regulated by various branches of law, both domestic and international, there is no single definition either in legal acts or in scientific monographic studies.

The analysis of different points of view of scientists is reduced to the allocation of two groups of features that reveal the concept of "family": a) a sociological nature; b) legal nature.

In sociology, the family is a statistical unit of accounting and observation, a set of individuals who are carriers of certain social roles and functions. As a social institution, the family is characterized by the presence of certain social norms, sanctions, patterns of behavior, rights and obligations, which together regulate relations between spouses, parents, children and other family members.

Marriage is understood as a socially confirmed and legally certified union between a man and a woman, giving rise to their rights in relation to each other and to children.

In the philosophical dictionary edited by A.I. Family deciphers Rosenthal as "a small social group of society, essential form organization of life based on marital union and family ties.

The Explanatory Dictionary of the Russian Language defines the family formally as "an association of persons connected by consanguinity and (or) marriage."

In addition to these sociological definitions, there are, as noted above, special legal definitions. In the legal sense, the family is united not only and not so much by the norms of moral responsibility, but by legal relations that develop on two levels:

)between family members within the family itself;

)between the family and a number of other institutions of society.

In a legal sense, a family can be defined as a circle of persons bound by mutual rights and obligations arising from consanguinity, marriage, adoption or other form of taking children into care.

Although there is no single definition in any of the branches of law, many branches still consider the family or its individual members as participants in legal relations within this branch, while giving the entire family structure certain features that are relevant for this particular branch.

Family law, being the branch most directly related to family relations, does not define either the family or the definition of marriage. The Family Code only establishes the conditions and procedure for concluding and terminating a marriage, recognizing it as invalid, regulates personal non-property and property relations between family members, other relatives and other persons, and also determines the forms and procedure for placing children left without parental care in a family.

Inheritance law, although it actually speaks of family members, when determining the circle of persons who are legal heirs, also does not fix the concepts of “family” or “family member”.

The Housing Code considers the family in a narrower sense than family law. Article 31 of the Housing Code of the Russian Federation establishes the categories of citizens who are recognized as family members of the owner of a dwelling, while introducing certain requirements for them. Thus, the spouse, children and parents of the owner living in the premises belonging to him are recognized as family members. Other persons, including other relatives and disabled dependents, may be recognized as family members only if the owner has indicated them as such.

The criminal law does not use the concepts of “family” and “family member” at all, instead introducing the concept of “persons close to the victim” (for example, in paragraph “g” of part 1 of article 63, paragraph “b” of part 2 of article 105, part 1 of article 163 of the Criminal Code of the Russian Federation), which are understood as three groups of persons:

)close relatives (parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren);

)other persons who are related and (or) related to the victim (spouse, relatives of the spouse);

)persons whose life, health and well-being, due to the prevailing life circumstances, are dear to the victim (for example, the groom, bride, cohabitant, cohabitant).

The criminal procedural legislation, like the criminal one, uses the concepts of "close", "close relatives" and "relatives", without introducing the concept of "family", while their composition, specified in Art. 5, is somewhat different from those adopted in criminal law:

)close relatives include spouse, parents, children, adoptive parents, adopted children, siblings, sisters, grandfather, grandmother, grandchildren;

)relatives - all other persons, with the exception of close relatives, who are related;

)close persons - other, with the exception of close relatives and relatives of persons, who are in property with the victim, witness, as well as persons whose life, health and well-being are dear to the victim, witness due to established personal relationships.

There is also no consensus in legal theory as to how "family" should be defined. The criteria for this phenomenon are very diverse, and the legislator does not provide a single definition, although, as shown above, certain features of it can be found in the norms of various industries.

Mironova T.N. notes that, in addition to purely legal sciences, the concepts of "family", "family and marriage relations" are the object of study in many other branches, each of which examines the family from a certain point of view and from certain positions that are inherent only to this discipline. For example, sociology of the family, ethnography, psychology of family relations, pedagogy, criminology and, in particular, family criminology.

Of these disciplines, it is especially worth paying attention to family criminology, which is also called criminology of family relations and criminology. It is based on the position on the interdependence of the institution of the family and the phenomenon of crime. Family criminology began to take shape under the influence of general criminological science as early as 1980. To date, criminology, being a branch of general criminology, is a social and legal discipline with an established conceptual apparatus, scientific base and a certain area of ​​research.

Family criminology studies the criminogenic factors of the family atmosphere and the criminal behavior caused by them, as well as social impact in order to counteract crime. Criminology through the prism of family relations considers the most significant criminological problems: the influence of the family on the formation of the personality of the offender, the influence of the family on juvenile delinquency, intra-family crimes, the influence of the family on the recurrence of crimes, the prevention of crimes by influencing the family.

Domestic crimes are understood as crimes committed by one family member against another. It seems expedient to include both those committed in a legally registered family and those not registered, including the murder of a newborn child by a mother, among the intra-family crimes.

In other words, family criminology studies criminal offenses in the family sphere.

Family and domestic relations in family criminology are usually differentiated as follows:

)marital relationship;

)Parent-son relationship;

)Family relations.

Depending on the group of relationships, two lines of causality lead to the commission of a crime: in parent-son relationships, this is an unfavorable formation of the personality in the family, and in marital and family relationships, the criminogenic significance of the family situation.

Both types of causality will be discussed in more detail later in this paper.

Thus, various branches of Russian law have their own views on the concept and composition of the family, based on their goals and objectives and taking into account the need to endow family members with certain rights and impose certain duties on them within the scope of their legal regulation. However, a single concept of such a socially significant structure as "family" is not given in any legislative act. In addition, the family and family relations are studied by a number of sciences, among which criminology deserves special attention. At the same time, when studying the family, criminological turnover should include both a legal concept and a social one.

2 The concept of the identity of the offender and the process of its formation

The identity of the offender, not without a reason, has always been one of the central problems of criminology, since even the fight against the causes of crime depends on what view of the personality is adhered to: if the causes of criminal behavior or the propensity to commit crimes are inherited through a biological line, genetically, then the countermeasures taken should have a completely different character than if we consider a person as a person who is not born with criminal intentions and inclinations, but acquires them as a result of a dysfunctional moral formation, that is, if we consider the personality of a criminal as a product of society.

To date, science has established itself in the views that a person is not a full-fledged, formed personality from the moment of birth, but becomes one in the process of his social life, and personality formation is impossible outside of society. In the course of moral formation, a person acquires a whole set of various moral, moral and other views and values, individual psychological characteristics.

The same applies to the private - the personality of the criminal, formed and formed in the process of adverse moral impact.

The undying interest in the personality of the criminal is caused by the fact that it was she, as Eminov V.E. and Antonyan Yu.M. in his work "Personality of the offender and its formation", is the main link in criminal behavior, the bearer of the causes of the commission of the crime.

The personality of a criminal is an abstract social and psychological model with certain specific features, a set of scientific ideas and knowledge about individuals who commit crimes.

The formation of the personality of any person is a process of assimilation by him of certain views and ideas, attitudes to the world around him and to himself, and their subsequent consolidation. In other words, the process of personality formation is the process of socialization, when the individual appearance of the personality, its preferences, orientations and motives of behavior are formed. It is in the process of socialization, as Kurguzkina E.B. a person as a person learns to participate effectively in various social groups.

In sociology, the term "socialization" is revealed through the designation of three stages:

1)Knowledge of social norms, norms of behavior accepted in society;

)Mastering these norms, agreeing with them, recognizing them as necessary and introducing them into consciousness;

)Installation on compliance with these norms, on action in accordance with the rules of morality and the law.

The degree of socialization can be determined based on the extent to which a person follows the customs of behavior in society and how much he lives in harmony with the social environment in which he is.

The personality itself should be considered formed when it will be able to control its actions on the basis of the norms of behavior expected from a person in specific situations, and when it will be able to take responsibility for the decisions made.

Socialization does not necessarily involve the formation of an undeformed personality; the offender can also be socialized. The assimilation of norms of an antisocial nature and the rejection of social norms familiar to society in favor of the norms and standards of the underworld leads to the formation of a personality system of values ​​that considers criminal and antisocial actions as criminals that do not contradict the norms of the social environment. If a person grew up and was brought up, and later communicated in a criminal environment, then he learns its norms of behavior, follows them, and, consequently, socializes in a criminal environment. For example, if a child grows up in a family in which parents, persons replacing them or other close relatives are addicted to alcohol, are prone to theft or other criminal lifestyle, then the child is socialized accordingly. The criminal ideology, moreover, is promoted in families where there are previously convicted parents or persons replacing them.

Thus, socialization can also be negative, perverted, when a person perceives and assimilates the subculture of the underworld, and not ordinary society.

The personality of the offender also characterizes the choice of a socially dangerous path to satisfy his needs or the focus on choosing such a path or, on the contrary, failure to show proper activity in preventing a negative or socially dangerous result. This characteristic is quite complete, since it covers both the intentional commission of a crime and the commission of a crime due to criminal negligence.

Thus, the formation of a personality is a process of assimilation by a person of social roles and rules of behavior, the development of a system of values ​​and worldview. This process begins from the earliest stages of human life, almost from birth.

A person is most sensitive to external influences during childhood, including the earliest. Depending on the attitude of others towards the child, he feels either protected or not. In the latter case, he develops, increases anxiety and the need for protection, sometimes so strong that he has to mobilize all his strength for this.

It should be noted here that the criminal's anxiety is hypertrophied, since anxiety is simply a normal personality trait inherent in all people. The criminal's hypertrophied anxiety is formed by the feeling of alienation from his parents and a different microenvironment, from society, which he has on an unconscious level. The feeling of alienation arises from the fact that at an early age the individual is not yet able to consciously explain the processes taking place around him and protect himself from them. In the early stages, adaptation to the outside world should occur indirectly through adults, and not directly. If such an adaptation is difficult, then anxiety, anxiety, aggression towards the world that rejects through parents appear.

Anxiety makes the offender feel threatened by the entire environment. The world seems to him vile, destructive and dangerous, people seem unworthy of trust, respect and love. The offender feels the need to defend himself against them by any means, including criminal ones. But the feeling of guilt in the case of committing a crime rarely arises in a criminal, since it is impossible to blame oneself in front of a world that has felt evil and cruel and dangerous since childhood. From here arises aggression, the roots of which come from childhood, when the child needed love and care, but did not feel protected by either parents or other people.

Moreover, the level of anxiety in each criminal personality varies depending on the individual physiological characteristics of the individual, and on the degree of rejection by parents in childhood. Accordingly, as Kurguzkina E.B. notes, the nature of the methods of protection against imaginary danger also varies - from theft and theft to violent acts (robbery, robbery, in the most intense cases - rape and murder).

In criminology, the personality of a criminal is one of the central objects of study, since it is precisely its criminological features that are the cause of criminal acts. Consequently, the study of the personality of a criminal in criminology is aimed at identifying and evaluating those of its properties, features and traits that give rise to criminal behavior and to which preventive efforts should be directed. This, of course, does not diminish the importance of external social factors that affect the offender, shape his personality and can contribute to the commission of a crime.

Thus, in general, the personality of a criminal can be defined as the personality of a person who has committed a crime due to his specific psychological characteristics, along with his negative attitude towards moral values, antisocial views.

The identity of the offender is the bearer of the causes of the crime. The formation of the personality of a criminal is a complex process of socialization, during which a person assimilates a set of antisocial views and ideas. Consequently, the socialization of the offender is negative. Most often, negative socialization occurs in families in which a criminal and criminal environment reigns, for example, in families with parents who have a criminal record or parents with alcohol addiction.

One of the main personality traits of a criminal is hypertrophied anxiety, which arises from a lack of a sense of security in childhood and adolescence, and which, having gained a foothold in the subconscious, can lead a person to commit antisocial acts and crimes.

2. The role of the family and the family atmosphere in shaping the identity of the offender and his illegal behavior

1 Unfavorable personality formation under the influence of the family

Earlier it was noted that the identity of the offender is formed as a result of negative socialization. The process of socialization, as Kurgazkina E.B. notes, continues throughout the life of an individual with varying degrees of intensity. However, the active process of socialization takes only a certain period of time necessary for the perception and consolidation of a set of norms, roles and attitudes, and falls on childhood.

The socialization that takes place in childhood, is called primary. Primary socialization is the assimilation of moral norms and rules of behavior by the child and begins at preschool age.

Primary socialization plays a special, most important role, since during this period the child assimilates images, behavior, typical reactions unconsciously, focusing on the behavior of elders, most often parents or persons replacing them.

The parental family is a special biological, psychological, social and economic system that acts as the main guide of a person to society. Including children in its psychological structure, the family literally "through itself" introduces the child into the structure of society, lays the moral and value basis of the child, which determines his further behavior at a more mature age.

The family lays socially approved behavioral attitudes into the system of value orientations. Subsequently, in accordance with a strengthened habit, the individual automatically avoids socially unapproved behavior - this is the so-called avoidance reaction, which E.B. Kurgazkina speaks about. in his work "The identity of the offender: issues of formation." Throughout a person's life, various social groups influence the formation of the avoidance reaction, however, it is the family that lays the primary foundation, through the approval or disapproval of the parents' reaction to this or that behavior.

Each member of the family naturally plays a certain role in meeting the vital needs of the child. In the first periods of life, the mother has the most significant influence, who cares for the child and gives him the first intense emotional stimuli. The significance of the father as a figure who provides a certain type of behavior, which is a symbol of authority, confidence and reliability, is realized later, but also in the early years. The distribution of roles in the family has a significant impact on the formation of the child, since the child learns those behavioral attitudes of the parents that he is used to seeing.

Starting from childhood, boys most often identify themselves with their fathers, that is, they imitate, first of all, men, and girls, accordingly, imitate their mothers to a greater extent, perceive feminine qualities. However, one cannot say that the role of the father is great only in the upbringing of the boy, and vice versa, the role of the mother is in the upbringing of the girl. Father and mother in everyday life complement each other, each having its own individuality. It is believed that the father brings strictness, firmness, adherence to principles, organization to the educational process, while the mother brings kindness, attention, care and compassion.

That is why it is believed that the educational process in single-parent families has a number of features. The loss of one of the parents threatens with the loss of a significant part of the world of moral and emotional relations. One parent is not able to give the child two different models of behavior (male and female), therefore, as Borbat A.V. and Ilyashenko A.N., the educational potential of an incomplete family is pedagogically and morally and psychologically limited.

Moreover, in an incomplete family, the remaining parent has to take on the solution of all material and everyday problems, as a result of which the parent often simply does not have enough time and energy to fully educate the child. The financial situation of families with one parent often turns out to be worse than that of complete families, which can form envy, greed, cunning in a teenager and lead to the commission of a crime of a mercenary nature.

One of the main reasons for the formation of incomplete families is divorce. Divorce is not only the formal and legal termination of the marriage union, it is, in the vast majority of cases, also the destruction of the family. Divorce of parents in families where children are still at preschool or school age, when their emotional world is rather fragile and unstable, leaves an indelible mark on the child's psyche, a kind of mental trauma.

It is not uncommon for a parent who stays with a child to develop new intimate relationships, cohabit with new people, or seek to re-start a family through a new marriage. In this case, it can be very difficult for children to establish an emotional connection with new partners of their parents, since the psychological trauma from the breakup of the parental family still has an impact on the psyche. As a result, because of the fear of losing the love of a father or mother, the child develops a feeling of jealousy, and emotional closeness with the parent is threatened. Adolescents become more aggressive and cruel, and in an attempt to attract the attention of a parent or express their protest to them, they are able to violate the norms of morality and morality, and in some cases to commit a crime.

Of course life in a family with a prime example antisocial and marginal behavior (for example, with a father suffering from alcohol addiction or prone to violence) carries a much stronger criminogenic charge than a divorce in the name of restoring a normal educational atmosphere. However, women usually decide to divorce only as a last resort, when a negative behavior model has already been established in the subconscious of the child and it is almost impossible to neutralize it.

Chronic family conflicts, especially between parents, concern not only and not so much the spouses themselves as their children, since tense relationships between parents destroy the warm and favorable psychological microclimate in the family. In a family where there is emotional coldness between spouses, children most often grow up in conditions of indifference and alienation, they receive less love and affection. Such an emotional climate negatively affects the formation of personality, leads to the formation of emptiness and cruelty, which determine the commission of crimes.

Alienation and the absence of a strong warm emotional connection in the family lead to lack of control and neglect of children. The result of neglect is often the departure of teenagers to the street, their vagrancy. Thus, they seek to resolve the life difficulties that have arisen associated with the lack of emotional connection with their parents, conflicts in the family. At the same time, the less communication with parents, the easier it is for teenagers to leave home. Leaving home often pushes teenagers to early use of alcohol and drugs, committing administrative offenses, and early sexual intercourse.

It is the family and family education that are considered as one of the key links in the causal chain, which ultimately leads to criminal behavior. At an early age, children try to imitate their parents, follow family traditions. The manner of communication of parents, their moral orientations and the level of spiritual values ​​throughout almost the entire childhood are perceived without criticism. The child himself has not yet developed critical thinking, he does not know how to question the actions of his parents and his immediate environment. Criticism from the outside is inaccessible, since the child spends all the time surrounded by his family, seeing only his own family atmosphere, perceiving it as a role model. Thus, the child is completely dependent on his family, instilling skills and stereotypes of behavior that carry a criminogenic charge.

It is quite natural that when the way of life of a person himself and his environment is immoral, then the personality that is formed in such conditions has an antisocial attitude and a tendency to commit crimes.

It is necessary to understand that in order for the impact on the child's personality to have a negative connotation, parents do not have to directly teach children a criminal lifestyle. The immoral way of life of the parents, against which the child is brought up, is almost as important as the direct attitude of the parents towards their child.

Moreover, the behavior of parents in relation to children often even plays a predominant role, in comparison with the general immoral behavior of parents. So, for example, according to Krymkin V.V., in families with a respectful and warm attitude towards children, the latter are more actively formed positive traits character, such as goodwill, attentiveness, conflict resolution skills, empathy, etc.

And vice versa, the less care, affection and warmth a child receives, the slower he is formed as a person. Hypoprotection, that is, a lack of attention from parents and a low frequency of communication with them, causes the so-called sensory hunger in children. The child is slowly formed as a person, he does not develop feelings of empathy and compassion for other people. All this is referred to as emotional coldness.

The lack of empathy skill explains the genesis of many violent and mercenary-violent crimes: the offender is unable to identify himself with the victim, he cannot put himself in her place.

At the same time, hypo-guardianship can arise for external, objective reasons that are in no way related to the immoral or asocial behavior of parents, for example, due to the heavy workload of parents at work, long business trips, complex chronic diseases, etc.

In addition, in the absence of warm emotional relationships, there is often no purposeful moral education, that is, parents do not teach the child from the first years of life to perform the simplest duties to others and observe moral standards.

Eminov E.V. and Antonyan Yu.M. note that already in adult conscious age, a person often reflects in his behavior what was imprinted in his psyche during the period of early socialization at a subconscious level. For example, it is not uncommon for parents, protecting their child from peers and pursuing a seemingly good goal, at the same time resort to violence and obscene abuse. Teenagers, on the other hand, absorb what they see and subsequently act in a similar way in similar situations. Such families assert immorality, the cult of violence in interpersonal relationships with others.

However, the repetition of parental behavior is most likely only in cases where the child or adolescent has emotional contacts with parents or other older relatives, family members. If there is no such emotional connection, then the likelihood of repeating the behavior of parents decreases.

Thus, in the early period of socialization, the pattern of parental behavior becomes the usual norm of behavior and attitude towards oneself and others for the child. That is why family trouble becomes one of the main reasons that determine the dynamics of the criminal behavior of minors. The determining element in this case is not individual elements of everyday life, but the family atmosphere as a whole, born from the interaction of all its members.

The family and the atmosphere in the family, which influence the formation of moral values, are a kind of “screen” through which the study of the features of existence in the surrounding society takes place. It is in the family that peculiar "moral restraints" are laid, which remove or, conversely, push a person into the world of crime.

At the same time, the factors influencing the formation of a predisposition to antisocial behavior in adolescents are diverse. They can be the lack of warm emotional contacts in the family as a whole, and intra-family attitudes towards immoral behavior (if there is a proper emotional connection). In the course of the study, Drozdov T.M. created a classification of the causes of antisocial behavior of minors. This classification distinguishes five types of conditions of upbringing in the family, leading to negative changes in the characters of adolescents.

First type. Families in which the child is corrupted by parents, guardians or relatives. At the same time, the influence on the child can be both passive, when the child’s childhood proceeds against the background of regular fights, offenses, drunkenness, and active, in which there is a direct involvement of the child in antisocial actions, or incitement to such.

Second type. A situation in which there are no parental feelings in the family. That is, when parents see the child as a kind of burden, rejecting him.

Rejection can be either explicit or implicit. Explicit rejection is present, as a rule, in marginal families with parents who drink or use drugs, parents who lead an immoral or antisocial lifestyle. In such families, most often the child is not needed by the parents, they can be treated cruelly, beaten, not fed, forced to take care of themselves and provide for themselves by begging or stealing. Such a child will subsequently not be able to establish normal relations with the microenvironment, expecting a threat to himself from it.

The hidden form, in which the relationship between parents and children is neutral, is much more difficult to detect. In such families, relationships do not have any emotional coloring, each family member lives only in his own way, not being interested in the life of another. Such relationships are often hidden by both parents and children, and often unintentionally. These families are usually outwardly absolutely prosperous, with good material prosperity. However, the child is rather the result of a traditional view of the family, an attribute that every family needs to have. No one is purposefully raising a child, and parents are more likely to worry only about satisfying his material needs, without instilling in him the need to observe moral standards and fulfill the simplest basic duties to others and to society. Essentially, parents show indifference to how the child will grow up.

Third type. Lack of proper parental control over the child's daily routine, his activities and interests, his environment and friends. The child in such cases is left to himself. Moreover, lack of control, neglect takes place both in single-parent families and in complete families, in addition, it is characteristic of large families.

Borbat A.V. and Ilyashenko A.N. define neglect as the absence or weakening of observation of the behavior of minors and the absence or insufficiency of educational influence on the part of parents or persons replacing them.

Lack of control can also manifest itself in the absence of proper care and warm feelings on the part of parents. Such lack of control, especially in the case of large families, can also arise for objective reasons, for example, in connection with the growing concern for the maintenance of the family due to its increase, but it is always acutely felt by the children themselves. As a result, a distance develops between the individual and society.

Orlova and Guseva point out that neglect and lack of proper family contacts are especially detrimental to girls. Almost all girls rejected at a young age begin their sexual life early, quickly become demoralized, their intimate relationships become promiscuous. It is extremely difficult for such girls to win the respect of others again, to return to a normal life. The so-called stigmatization, that is, social stigmatization, in relation to women is usually more persistent and destructive than in relation to men. Therefore, women who have acquired the "status" of prostitutes, drug addicts, etc. not just difficult to re-educate, often they themselves cannot find a place in normal human life.

Fourth type. It is in some way the opposite of the third. In these situations, the child is spoiled, he is forgiven a lot by his parents, guardians and relatives. Often he is selfish and is the only child in the family.

In families of this type, there is overprotection, when parents strive to prolong the serene childhood of their children as long as possible, completely remove them from household chores, do not impose any duties, fulfill all whims, regardless of whether it is a burden, economic or psychological, on parents themselves or not. This attitude is most common in families with one child. As a result, children grow up selfish, acquire a consumerist attitude to life and a dismissive attitude to work. Subsequently, their requests often do not correspond to material possibilities, which underlies the commission of crimes, especially those of a mercenary nature.

Fifth type. It is characterized by situations when parents, guardians subjectively wanting to instill socially positive norms of behavior in the child, objectively achieve the opposite. One of the reasons for such results is an excessive commitment to authoritarian and despotic methods of influence.

An authoritarian parenting style can lead to the formation of a personality prone to conflict. Parents who try to subjugate the will of the child, for the most part, form in him only external expressions of humility, bordering on cunning and duplicity. These children develop a sense of fear of punishment along with poor self-control, anxiety, suspicion, and sullenness.

This type also includes situations where the child is the focus of various parenting methods.

Many parents are simply not pedagogically educated, they lack a culture of education. No one purposefully and universally teaches how to be a parent, so many parents come to how to raise a child with their own mind. At the same time, they have nowhere to get the understanding that their educational methods are wrong and can have a detrimental effect on the child.

Cases of a combination in various combinations of the listed types and adverse factors are by no means a rare phenomenon. And despite the fact that in most cases any factor is still primary, while the rest are derivatives of it, they should still be considered together.

Any of the listed types of family troubles leads to the so-called "marriage" in educational work. As a result, the idea of ​​duty and moral standards shifts in children. Chubarkin M.M. indicates a certain chain reaction that occurs as a result of such a "marriage": a mistake in education - a difficult teenager - a teenager's conflict with the adult world - an offense. The offense is here singled out as the final link in this chain, but it seems that this chain can continue when a person whose parents once made an educational mistake starts his own family, repeating the same mistakes, which will cause a new chain of reactions to arise.

So, the process of socialization that forms the personality takes place most actively in childhood. Primary socialization begins as early as preschool age and is a process of unconscious assimilation by the child of moral norms and rules of behavior based on behavior and parents. The parental family has the duty to educate a person and introduce him into society, while instilling socially approved behavioral attitudes. Each of the parents within the family performs a certain role, so the breakup of the family or the shift in roles is painfully perceived by the child and can objectively affect the process of his upbringing.

The criminal activity of minors is influenced by a number of factors related to intra-family well-being, such as the completeness of the family and the moral and psychological climate in it, the nature of the attitude of parents (or persons replacing them) to the child, as well as the availability of conditions sufficient for the normal development of minors and control sides of parents for the leisure and pastime of children. Accordingly, family trouble often causes delinquent and deviant behavior, which can develop into a criminal one. Following the example of Drozdov, all types of unfavorable upbringing in the family can be conditionally grouped into five types. IN pure form all five types are rare, more often they are combined in various combinations, although one of the factors is still primary, and the rest are secondary, derived from it.

2.2 Features of the criminogenic significance of the family situation in adulthood

Previously, only the effect that the family and family atmosphere has on a person during the period of its formation and active socialization, i.e. during childhood and adolescence. However, the family can act as a criminogenic factor during almost the entire life of an individual. At an older age, the influence of the family on the individual and pushing him to commit a crime is associated in most cases with family and domestic conflicts, especially between spouses.

It is especially necessary to highlight such family and everyday factors that push to commit a crime, such as tense or conflict relations between spouses, together with a low level of communication culture, the socio-economic disadvantage of the family, mental or physical violence by the spouse and antisocial behavior of one of the spouses. The last two factors usually come from a man.

Shestopalova E.R. identifies three stages of behavior associated with domestic violence:

)The stage of increasing psychological stress. This stage is characterized by the presence of humiliation and insults, other forms of non-physical, psychological violence;

)Stage of active violence with outbursts of anger, developing into direct physical violence;

)Temporary reconciliations, after which the cycle of violence repeats again.

In a person who grew up surrounded by people with a low level of culture and marginal inclinations, the significance of traditional values ​​\u200b\u200bis depreciated, their own needs become paramount. Such individuals do not hesitate to use violence against family members and cohabitants who cannot resist due to their physical condition (children, women, the elderly, the disabled).

One of the factors that increase the criminality of intra-family relations is the alcohol dependence of one of the family members. It is noteworthy that in many families where women committed murder, alcohol consumption occurred jointly by the spouses. At the same time, the very fact of long-term joint drinking of alcohol was the reason for quarrels and fights, often ending in acts of violence.

Although, of course, not every joint drinking of alcohol by spouses ends badly. It is necessary to take into account the peculiarities of the psychological atmosphere in the family. In the so-called "conflict" families, alcohol exacerbates the atmosphere and aggravates the conflict. At the heart of any violence is a conflict of interests, and at the heart of the conflict is a misunderstanding by the parties of each other. In a conflict situation, neither side accepts compromise. Alcohol, on the other hand, exacerbates the emotional reactions of people, pushing them to an aggressive, often violent way of resolving conflict situations.

Another reason for conflict is competition for leadership in the family. The traditional roles of men and women in the family, historically established and entrenched in the minds of people, are laid in the subconscious even during childhood and adolescence. In families with changed habitual social roles, where a weak male position is opposed to manifestations of female aggressiveness, there is a constant conflict situation.

Role conflicts, displacement and destruction of the traditional roles of men and women often lead to the introduction of the latter to the use of alcohol and drugs.

The victims of male criminals in domestic conflicts are most often female family members. This is explained not by the victimhood and predisposition of all women to become victims, but by the presence of historically established and continuing to dominate in modern society double standards in morality and stereotypes of intersexual relations. The dominant power of men in cultural and socio-economic relations puts women in a situation of emotional and economic dependence, turning them almost into the property of men in the eyes of the latter. In societies based on the principle of male power relations, violence against women is often treated as a completely legitimate phenomenon.

Among men's crimes, crimes related to sexual violence should be singled out. Almost all crimes of this kind are based on the mechanism of hypercompensation - the hypermasculinity of a feminine man. In the families of such persons, one often encounters dominance on the part of a woman (mother or wife), who turns out to be morally and physically stronger than a man. This situation causes aggression directed at a woman. However, in relation to a significant and stronger woman, a man cannot show aggression, as a result of which he transfers it to the victim of rape, which in this case is a female symbol. The act of sexual violence in such crimes is rather the desire of a man to assert himself in the male sexual role than the need to satisfy purely sexual needs or the need to carry out violence.

Historically, male patterns of behavior are involuntarily accepted as universal, while the functional, psychological and social characteristics of women in large-scale generalized studies are most often not taken into account. Which seems to be fundamentally wrong, because it affects the quality of crime prevention. For this reason, further discussion will focus on female crime.

In the analysis of the mechanism of a crime committed by a woman, the microsocial environment, the family in the first place, plays a more significant role than in a crime committed by a man.

Moreover, life situations themselves are perceived by women somewhat differently than men; women react more sharply and emotionally to the negative aspects of the surrounding reality. The psychological trauma associated with conflicts can be deeper and more protracted in women. As Krymkin V.V. notes, their unlawful actions are often defensive in nature, aimed at protecting themselves or their families from a situation that they regard as threatening. Moreover, this feature of women is associated not only with their biological and physiological characteristics, but also with the fact that they occupy a different position in the family, household and labor sphere than men, and perform qualitatively different functions of raising children and providing for the family.

The motive of self-interest-need has acquired special significance at the present time. This is explained by the fact that recently the standard of living in the country has declined and a considerable number of families have actually found themselves in conditions of poverty. In many cases, wages struggle to meet even the most basic minimum needs.

Since the family traditionally occupies one of the most important places in a woman's life, the relationships between its members have a formative influence on a woman's behavior. The crisis of the family deprives a woman of her habitual and socially approved living environment, affecting her criminalization. The weakening or even destruction of the family means that the woman ceases to fulfill or poorly fulfills her roles and responsibilities.

Popova notes that the psyche of women is more vulnerable than that of men, therefore, unsettling family circumstances (divorce, family dramas) are more capable of causing a woman to embark on an immoral path of behavior. So, in a number of cases, after a divorce, mothers acquire features of immoral behavior, an immoral lifestyle, which, in turn, adversely affects the moral formation of children raised by such a mother.

Moreover, it is family troubles that most often cause women to begin to abuse alcohol, and as you know, women get used to alcohol and become chronically ill much faster. The dynamics of the course of alcoholism in women is more malignant, with the rapid development of moral and ethical degradation, a sharp narrowing of the circle of interests, coarsening, the extinction of family ties, and a sharp intellectual decline.

Alcohol refers to narcotic substances that affect the central nervous system a person, causing a decrease in attention and mental performance, reducing the accuracy of movements. Instead, alcohol causes swagger, false feelings of bravery, and excessive boastfulness. The systematic regular use of alcohol leads to a change in the nature of material and spiritual needs, forming base motives and promiscuity in the means for their implementation.

Thus, the formation of antisocial traits in women who abuse alcohol, and, as a result, the commission of crimes by them, is much more likely.

Particular attention should be paid to violent crimes committed against a spouse or partner. Often such crimes are situational in nature. They are a reaction to infidelity, alcoholism or bullying by a husband or cohabitant. These circumstances most strongly affect the mental state of women, lead to the accumulation of negative emotions. Repressed or hidden negative emotions accumulate until they spill out in the form of family scandals, which can end in bodily harm or murder.

The importance of the family environment for a woman is expressed in other ways. In most cases, the criminal activity of women is determined by their immediate environment, most often by men (husbands, cohabitants, lovers), less often by other relatives or relatives and children. The acts of aggression themselves most often take place in a domestic environment, usually burdened with various social anomalies, a dysfunctional environment. At the same time, men can act both as instigators of criminal acts, and as a background pushing for criminalization.

One of the characteristic factors in the commission of a crime by women is the painful perception of moral and physical dissatisfaction, which pushes women onto the criminal path of resolving such conflicts. The fear of losing a loved one often leads to serious crimes. It is noted that in most cases, the man was either an accomplice or organizer, initiator of the commission of a crime, or in some way provoked a woman to commit it (for example, beatings, insults, betrayals).

In cases where a man involves a woman in the commission of a crime, the woman is psychologically dependent on the man and values ​​their connection very much. This is noticeable both during the commission of the crime and during the investigation and trial. If the attachment is strong, the woman tries in every possible way to shield her accomplice, especially at the stage of the preliminary investigation.

Initiation to the use of narcotic drugs most often occurs under the influence of male drug addicts from the close circle of a woman. The same applies to chronic alcoholism.

In addition to such a direct connection between a woman's mental discomfort and the crime she committed, there is also an indirect one. It is based on the system of value orientations of a woman, in which, often, circumstances related to marital status take a very important place, this is both the presence or absence of a husband or children, and the presence of negative or positive prospects for the development of family relations.

Thus, the family can act as a criminogenic factor throughout almost the entire life of an individual, while at a more mature age, family and domestic conflicts become of particular importance. At the same time, cyclical stages of behavior leading to domestic violence can be distinguished.

Male patterns of behavior are accepted as universal, while female crime has its own characteristics that must be taken into account, especially when developing measures to combat crime. So, for women, the microsocial environment, especially the family, is much more important, and all conflicts are experienced more emotionally and longer.

3. Issues of protecting the preventive impact on the family

1 Legislative consolidation of family and childhood protection

The family is one of the oldest social institutions of society, its basis, since it is the primary form that qualitatively distinguishes society from a pack of animals, and the initial stage of human socialization.

As noted earlier, the family most actively influences a person during his primary socialization, that is, in childhood, when the child actively learns patterns of behavior and moral and value standards. Therefore, crimes committed against minors and minors should be considered as having an increased public danger, since the victims in them are representatives of the most vulnerable, dependent and unprotected segment of society - children.

Based on this, it is not surprising that the entire international community understands the impossibility of overestimating the influence of family upbringing on the formation of the legal consciousness of a minor. This conclusion is confirmed by the Convention on the Rights of the Child of November 20, 1989, which entered into force on September 2, 1990, in the preamble of which it is stated that “the family, as the basic unit of society and the natural environment for the growth and well-being of all its members and especially children, should be provided with the necessary protection and assistance so that she can fully assume her responsibilities within society... The child, for the full and harmonious development of his personality, needs to grow up in a family environment in an atmosphere of happiness, love and understanding.

This convention proclaims the priority of the interests and welfare of children in all spheres of the life of the state, speaks of the need to protect children from cruel treatment by persons called upon to take care of them. The Convention notes that children are physically and mentally immature, and therefore they need special protection and care, including adequate legal protection, both before and after birth. This provision should be taken into account when solving any problems of childhood.

In Russia, the issue of child protection is given insufficient attention. The entire array of laws and targeted programs on this topic is, in fact, declarative in nature, not being implemented in full.

In Russian legislation, the norms for the protection of the family and childhood can be found in the Family and Criminal Codes. So, in Art. 1 of the Family Code, it is indicated that "family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state." In addition, the Family Code declares the need to strengthen the family, build family relations on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members.

Article 31 of the Family Code of the Russian Federation specifically emphasizes that spouses are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children.

As a punitive measure, family law provides for the deprivation or restriction of parental rights, if this is necessary in the interests of protecting the child (Article 69, Article 73 of the RF IC). Among the circumstances that are the reason for the deprivation of parental rights, it is especially worth emphasizing child abuse, including physical and mental abuse, and the illness of parents with chronic alcoholism or drug addiction.

The criminal law, in turn, is called upon to respond to the most flagrant cases of violation of family relations, the rights and interests of minors, and to prevent the spread of negative phenomena in the family. The result of improving legislation in this area is the introduction of Chapter 20 into the Criminal Code, which is called “crimes against the family and minors”.

The introduction of this chapter is explained by the spread and intensification of crimes against minors and their special public danger. The group of crimes against the family and minors includes eight criminal law norms:

)Involvement of a minor in the commission of a crime (Article 150);

)Involvement of a minor in committing antisocial acts (Article 151);

)Retail sale of alcoholic products to minors (Article 151.1);

)Child substitution (art. 153);

)Illegal adoption (adoption) (Article 154);

)Disclosure of the secret of adoption (adoption) (Article 155);

)Failure to fulfill the obligations of raising a minor (Article 156);

)Malicious evasion of paying funds for the maintenance of children or disabled parents (Article 157).

Criminal legislation to a certain extent protects minors from criminal attacks with the use of cruelty. This is confirmed, among other things, by Art. 156 of the Criminal Code of the Russian Federation. Thus, in the Russian Federation, the process of formation of the identity of minors, their health, life, honor and dignity, their sexual integrity and personal freedom are protected.

At the same time, Art. 156 of the Criminal Code provides for a maximum penalty in the form of restriction of liberty for up to three years, which has an extremely low preventive value and in fact, in the vast majority of cases, does not contribute to the real suppression of the commission of such crimes.

There is no legal definition of the concept of “crimes against minors” in the law, and an analysis of the norms of the Special Part of the Criminal Code shows that crimes against minors are not limited to the offenses specified in Chapter 20. As a result, the question of what is meant by crimes against minors, which groups of assaults form this group and how to classify them is still open.

So, Yu.V. Nikolaev distinguishes four groups of crimes against minors:

)Crimes related to the involvement of minors in the commission of crimes and (or) antisocial actions;

)Crimes against the personality of minors;

)Crimes against the mental and physical development of minors;

)Crimes related to violation of the interests and property rights of minors.

Of course, the above classification is not the only one; if desired, it can be expanded. Fundamental will always be the grounds on which a particular crime can be included in the list of attacks on a child - harm or threat of harm to the rights and legitimate interests of the child. The core of this group of crimes will be those compositions in which a minor victim is considered as a mandatory or qualifying feature of the object of the crime (Articles 131, 132, 134, 135 of the Criminal Code of the Russian Federation).

It must be understood that in the case of attacks on minors, the specific negative consequences of criminal acts are not always manifested immediately and directly, sometimes it seems difficult to establish them, especially considering that there are no reliable criteria for determining such consequences, and that they often manifest themselves after quite a long time, in adulthood.

At the same time, art. 2 of the Criminal Code does not provide for the protection of a minor as a special object. Accordingly, crimes against minors and minors committed with the use of cruelty are not recognized by the legislator as acts of increased danger. Given the dependence of minors, their moral instability and physical incapacity, as well as incapacity, such an omission seems unacceptable. Crimes committed against minors with the use of cruelty should not be considered as crimes of medium or small gravity. The characteristics of the victim - the child - should automatically translate them into the category of serious crimes.

So, speaking about the protection of the family, first of all, you should pay attention to the most vulnerable members of family relationships - children. Child protection is carried out both at the international and domestic levels. In Russia, the norms for the protection of the family and childhood are contained in the Family and Criminal Codes. The Family Code establishes the rights and obligations of parents and children and provides for the possibility of depriving or restricting parental rights. The criminal law responds to the most severe cases of violation of family relations, listed in chapter 20.

However, it is noted that the implementation of laws and targeted programs in practice is poor. Insignificant state support for the family leads to the weakening of the parental family as a basic institution responsible for the formation of the individual and his sense of justice. The growth in the number of broken families and families characterized by moral trouble deprives children of normal conditions for upbringing.

3.2 Measures and ways to prevent unfavorable personality formation in the family

The family is capable of exerting a criminogenic influence on a person throughout almost his entire life. However, as shown above, the most active and negative effect it has during childhood.

The search for an optimal model of social and legal protection of the family and the child, which would provide favorable conditions for the life and development of the younger generation and, at the same time, would help protect the rights and interests of the child from various forms of violence and exploitation has been going on for several decades.

During this period, our country has made certain efforts to improve the legal framework in the field of child protection and protection, but all the measures taken have not brought significant success in this area. The number of families with unfavorable conditions, as well as the number of street children, continues to grow. The level of domestic violence against children is also not decreasing.

The elimination of the family as the most important social institution, the institution of socialization and upbringing of the child, requires a state response. However, it is difficult to have a correlational effect on the family for two reasons: the complexity and duration of the upbringing process and the complexity of social control of the family and household sphere.

For a more successful fight against negative influence that the family atmosphere can have on the formation of the offender's personality, a number of different measures must be taken. One of these measures is the study and study of the lifestyle of the family of criminals, especially when it comes to juvenile delinquency.

It seems reasonable to create research centers on problems of violence, which could conduct regular monitoring of legislative and law enforcement practices on protection against domestic violence, paying special attention to the activities of the prosecutor's office and the police. Based on the results of the research, it is useful to develop educational programs and trainings on the prevention of domestic violence, taking into account the experience of foreign countries.

At the level of the Russian Federation and at the level of constituent entities, it is necessary to develop and implement targeted programs to increase the level of legal awareness of the population, both of its adult part and minors, during which to teach the population to correctly evaluate certain behaviors and their consequences.

Talanov S.L. proposes to introduce in schools a compulsory discipline that studies the sociology of the family, in which adolescents will be given the knowledge, skills and abilities necessary in the family, the study of which will lead to a reduction in negative family phenomena (including physical, psychological, economic violence).

It is necessary to develop the institution of family and child psychologists. In many schools and kindergartens, where these positions exist, they are mostly nominal. Meanwhile, these employees should work directly with children and adolescents, identifying conflicts in families and helping with their overcoming and elimination. Child psychologists should be able not only to identify those children who need help, but also to apply corrective measures to them. In addition, the work of psychologists should include the implementation of rehabilitation programs aimed at helping children, stabilizing their mental state and resocializing them. This activity of psychological services should take place in close contact with teachers and parents.

As regards the latter, parents cannot, without proper reason, be reproached with malicious or deliberate evasion of their duties of education. In the vast majority of cases, they are simply pedagogically untenable, do not have sufficient knowledge to understand what methods are acceptable in educational work. So, many families are characterized by the use of "forceful", violent methods of education, rather than psychological ones (for example, the method of verbal persuasion). Thus, work with parents is essential.

One of the priority tasks of victimological crime prevention should be control over children from dysfunctional families and over the families themselves. This control should be carried out by law enforcement agencies and institutions related to work with children (guardianship and guardianship authorities, educational and medical organizations, organizations providing social services, etc.). At the same time, not only ordinary married families with children, but also foster, adoptive, and cohabiting families should be subject to control.

It seems necessary to normalize the living conditions and upbringing of children and adolescents, by exerting legal influence on persons who are obliged to carry out their upbringing, but maliciously do not fulfill their obligations.

Thus, we can distinguish the following sequence of actions to improve the situation in the family:

)Identification of dysfunctional families;

)Diagnosis of family trouble;

)Implementation of preventive measures to normalize the microclimate in the family;

)Adoption of administrative and criminal-legal measures aimed at parents who maliciously violate the duties of raising children.

Identification of families in which parents do not provide proper upbringing of children or do not provide adequate conditions for the life and development of minors is a laborious and complex process, which consists in collecting and analyzing information of various content from numerous sources.

The lack of a proper system of resocialization of minors who have returned from educational colonies acts as an additional criminogenic factor influencing the growth of relapses.

Rehabilitation centers organized at the place of residence of minors should solve the problems of socializing minors, preparing them for life after their release from the colony, helping them in finding employment, finding a permanent place of residence.

Successful implementation of preventive tasks requires a large-scale approach, during which prevention will be introduced not only into social, but also into law enforcement practice. In this regard, it is important to organize the interaction of law enforcement agencies with all other organizations and services that have the necessary information (educational and healthcare institutions, institutions of social protection of the population), as well as the development and implementation of new methods of such joint work.

Based on the results of joint work, it is necessary to create a regional system for the prevention of domestic violence, provided:

objective coverage of the state of affairs in the field of domestic violence in the media;

databanks to record victims and perpetrators of domestic violence.

It seems reasonable to cite the example of Canada, which has and successfully implements a system of immediate response to domestic violence. As part of this system, portable equipment is installed in the homes of disadvantaged families, instantly transmitting a signal of danger to the police.

Volkov K.A. proposes to supplement the criminal law with an article “Non-reporting about the commission of especially grave crimes against a child”, the essence of which will be to introduce criminal liability against persons who knew about the facts of the commission of especially grave crimes against children, but did not report these crimes to law enforcement agencies .

With all this, it is necessary to understand that crime determines a wide range of social factors that must be eliminated in the aggregate. For example, such negative economic processes as inflation and rising prices have their effect throughout the country and affect the most vulnerable layers. Not only does poverty affect the vast majority of citizens individually, it can also cause negative changes in families, making them more marginalized. Poverty brings material needs to the fore, crowding out spiritual ones. Poverty, under which the personality of the offender was formed and which acted as one of the determining factors, remains after the commission of the crime and after serving the sentence for committed crime and therefore it can still lead to further crimes. Thus, it is necessary to improve the economy in the country as a whole.

So, the process of forming the means of criminal law and special criminological protection is far from complete. It is necessary to make certain adjustments to the criminal legislation, as well as to make efforts to form advising federal and regional targeted preventive programs. In addition, it seems necessary to create certain organizational structures at all levels, the main task of which will be to take care of the family and minors, prevent the involvement of children in criminal activities, and coordinate all subjects of preventive activities.

)It is necessary to raise the material level of the population's well-being;

)It is necessary to carry out serious preventive work with families of the so-called risk group (presence of family members with alcohol or drug addiction, previously convicted family members);

)The rates of psychologists in kindergartens and schools should begin to function fully, ceasing to be nominal;

)It is necessary to create a certain state structure that will deal with the issues of moral and legal education of the population.

Conclusion

familial criminal antisocial socialization

The family is one of the basic, basic institutions of society; relations related to the family are regulated by many different branches of law. However, a clear definition of the concept of "family" has not yet been enshrined in any scientific research nor in legislation. Among the sciences that study family relations, one should especially highlight family criminology, which studies the criminogenic factors of the family atmosphere.

As for the identity of the offender, it has always been of particular interest, since it is she who is the bearer of the causes of the crime. The identity of the offender is formed in the course of a complex multifaceted process of negative socialization, during which he assimilates a complex of antisocial views and ideas, behavior patterns.

The most active process of socialization occurs in childhood, which is why it is believed that the family and family problems play a special role in the formation of marginal inclinations in the individual. During primary socialization, which begins as early as preschool age, moral norms and rules of behavior are acquired unconsciously on the basis of the behavior that parents demonstrate. At the same time, parents play different social roles, and the disintegration of the family or the shift in roles in most cases negatively affects the process of education.

Thus, in childhood, criminal activity is influenced by a number of factors related to intra-family well-being, such as the completeness of the family and the moral and psychological climate in it, the nature of the attitude of parents (or persons replacing them) to the child, as well as the presence of conditions sufficient for normal development minors and parental control over the leisure and pastime of children.

All types of family troubles can be conditionally divided into five types:

)Families in which the child is corrupted by parents or other close relatives;

)Families in which there are no parental feelings;

)Families with no parental control;

)Families in which the child is overspoiled:

)Families with the wrong upbringing culture.

However, the criminogenicity of the family is not limited to childhood. At a more mature age, family conflicts acquire special significance, and the importance of the family in the life of a man and a woman is different, as well as the emotional reaction to family troubles. This must be taken into account when developing measures to combat crime.

At the moment, the protection of family and childhood at the domestic level is carried out on the basis of the Family and Criminal Codes, however, it is noted that the laws are not fully implemented. Moreover, the importance of the parental family as a basic institution is declining, while the number of dysfunctional and broken families is growing. This deprives children of normal conditions for upbringing and requires the earliest possible response from both the state and society.

The process of forming means of special criminological protection is far from complete. The process of creating a successful mechanism for combating crime should not be limited to improving legislation and creating special organizational structures designed to control preventive activities. The process of improving the family atmosphere should be considered on a larger scale and begin with the improvement of the economy throughout the country.

In order to increase the level of positive influence of the family on the formation of the legal consciousness of minors, it is necessary to implement the following series of changes:

)Raise the material level of the population's well-being;

)Carry out serious preventive work with families at risk (presence of family members with alcohol or drug addiction, previously convicted family members);

)To improve the work of psychologists in kindergartens and schools;

)Create a certain state structure that will deal with the issues of moral and legal education not only for minors, but also for the adult part of the population.

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