Вісник НЮУ імені Ярослава Мудрого: Серія: Філософія, філософія права, політологія, соціологія (Mar 2016)
Specifics sociological analisis crimes
Abstract
The article notes that today the crime hit all spheres of Ukrainian society. In this regard, it is important to study in depth the nature, causes, effects and trends of this social phenomenon, which has both scientific and practical significance. It should serve as a basis for improvement of social relations and institutions of civil society, social norms and practice of their application, to strengthen the system of social control, the consistent implementation of measures of moral and legal education, prevention and social responsibility. All of them are intended to ensure maximum protection of the individual, the satisfaction of the interests of citizens, democratization and humanization of our society. The sociological approach goes with the primacy of social relations and relations of legal norms. The nature of social relations and determines the system of legal norms, and their degree of violation (compliance), and the «form» of the response of society to the offense. The concept of the crime — a key category of sociology of criminal law. She puts in a logical link social relations, on the one hand, and criminal law, the effectiveness of its mechanism of action and social — of the other. This methodological function — to be a link that mediates between public relations and legal norm, and thus between sociology and law — theoretical reflection of the real scene of the crime in society. No less important is the correct understanding of the crime and the practice of law enforcement agencies. After all, what kind of content will be invested in this concept, and the choice depends on the social and legal measures for the prevention of offenses and the content of the work to improve the effectiveness of criminal law, and in the end, the organization of the implementation of punishment as a means of correcting and reeducation. In terms of logical sequence sociological concept of crime is preceded by its legal definition. For objective properties of the offense — infringement of a particular person on a permanent social order of relationships between people, groups, between the collective and the individual. Investigate the crime must be first and foremost as a social fact. Sociological evidence of a crime is a particular way of infringement of formed social order, especially the subject of socially dangerous acts. Crime covers only those actions that objectively violate or may violate the prevailing social relations. From the point of view of sociology there is a multidimensional approach to the investigation of crime. It is concerned not only a social danger, but also the positive role of crime in society
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