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26Niyozova Salomat
Docent of the Department of Criminal Law, Criminology and Fight again st Corruption of Tashkent state university of law, DSc ORCID: 0000-0003-3970-2985 E-mail: salomat.niyozova@mail.ru
COMMENTS ON THE COMPARATIVE ANALYSIS OF THE
EXPERIENCE OF FOREIGN COUNTRIES IN THE FIELD OF VICTIMOLOGICAL PREVENTION OF VIOLENT CRIMES
AGAINST THE PERSON
Ab stract: This scientific article reviews foreign countries' experience in victim prevention of violent crimes and highlights the elements of victim prevention in We stern countries.
The article also examines the experience of Germany and the United States in conducting victimological research, the National Association of Victim Support Schemes in the United Kingdom, the National Organization for Victim Support (NOVS) in the Netherlands, the Japanese Association of Victimology (JAV) in Japan, and the Victimology Society in India.
The Violence Again st Women Act (1991) and the Megan's Law and the Jacob Wetterling Crimes Again st Children and Sexually Violent Offender Regi stration Act, enacted in the United States in 1991 and by the U.S. Congress in 1994, respectively, have been analyzed and relevant sugge stions and recommendations are given.
As a result of the analysis of scientific approaches to the prevention of victimization of crimes again st the person in foreign countries, it can be stated that fir stly, in all researchers studied, the origin of victimization was caused by the behavior of victims, their inner experiences, the environment affecting them; second, in violent crimes, the perpetrators were found to be acquainted or in close contact with the victims; third, insufficient study of the development of measures to improve the organizational and legal mechanisms of crime and delinquency prevention in all studies; fourthly, the e stablishment of a victim record-keeping sy stem and support centers has been proposed, but no clear mechanisms have been developed for its implementation.
Keywords: Victimology, victim, witness, again st the person, with the use of violence, foreign states, prevention, crime, prevention, reparation.
By studying the experience of foreign states in the victimological prevention of violent crimes again st the individual, it can be noted that the increase in victimization abroad to the level of foreign state policy gives a good effect. So, in We stern countries, the following three elements of victimological prevention are di stinguished, which can be simultaneously divided into three groups:
- Reducing the objective factors of the victimization processes of individuals or social groups;
- production of explanatory work among individuals of certain categories of the population, victimological propaganda;
- the sy stem of rendering assi stance to the victims, compensation for damage and compensation by the state[1].
According to We stern scienti sts - victimologi sts, public control and self-government are considered one of the mo st effective means of influencing society to reduce the population's level of victimization [2].
In We stern countries, one of the mo st important elements of victimization prevention is public organizations. They organize formal meetings and talks with government representatives, ensure participation in the meetings of committees and commissions of parliament, the Council of Mini sters, assi st in drafting laws, invite their representatives of the parliament and government to their meetings and congresses, study public opinion, and also work together with the media. They are also sent to the state bodies letters on behalf of the victim, prepare petitions and organize meetings with senior officials of the state[3].
National authorities, councils and committees have been e stablished in several We stern countries to coordinate victimization activities. They coordinate the work in supporting the national standard's funds and organizations, provide methodological recommendations for the implementation of victimization propaganda and its improvement, and ensure the e stablishment of joint relations with government agencies and victimological organizations operating in foreign countries [4].
Thus, the "National Association of Victim Support Schemes", operating in England since 1979, fulfills the tasks of the coordinating body.
In France, the National In stitute for Assi stance for Victims (INAVEM), e stablished in 1986, coordinates the activities of about 60 victimological organizations.
In the Netherlands, the National Organization for Victim Support (NOVS) operates to protect victims' rights, while in the United States, despite the absence of an official body carrying out these tasks, they are carried out by the National Center for Victim Assi stance.
In Italy, there are also no official bodies coordinating the activities of victimological organizations; however, these functions are successfully implemented by the Association for the Support of Citizens Affected by Terrorism, Organized Crime, Thefts, Robbery and Plunder[5].
In foreign countries, preventive activity, that is, the prevention of crimes, is given an important political significance: while on the basis of a sy stemic and integrated approach, the focus is on the effective use of funds and forces of preventive activities, the organization of work on victimological prevention, care and vigilance of citizens, etc. [6].
For example, in the countries of the European Union there are two levels of prevention of offenses:
- social prevention;
- special prevention.
Social prevention is aimed at changing and preventing the formation in the person of wrongful conduct.
Special prevention consi sts of preventing certain types of crimes committed by persons in certain places, times, and conditions.
In accordance with the programs of the Mini stry of Internal Affairs of Great Britain in 1986 and 1988 throughout the country, retraining and compulsory training of police officers are planned with the aim of ma stering their knowledge regarding victimization prevention, under standing the needs and intere sts of victims of crime, and ma stering the methods of preventing victimization. Similar training programs, as well as victimization prevention programs developed
in cooperation with public organizations, operate in the Federal Republic of Germany, the United States and a number of other countries[7].
Unfortunately, developed countries' experience in combating the use of violence, including counteracting rape, is not in demand so far. Meanwhile, this experience includes law enforcement assi stance, preventive work with persons prone to violence, comprehensive rehabilitation of the victims (medical, psychological, etc.), propaganda in the media for the prohibition of violence and cruelty, agitation of healthy sexual relations
In addition, in the studied scientific works, in particular, S.Nadtok's research on the problems of victimological prevention and preventing the possibility of becoming a victim of a crime, mentioned the need to create an information base of victimological prevention, the lack of such a sy stem in practice, the expediency of organizing a sy stem of information exchange between law enforcement agencies reports on victims and keeping a single regi ster by the bodies of internal affairs[8].
Also, the creation of an information base for victimization prevention is one of the mo st important tasks, and, fir st of all, it is a matter of creating law enforcement sy stems for a sy stem of fully comprehensive and unified records of victims of crimes. In particular, the internal affairs agencies should clarify some forms of stati stical records in order to enable them to obtain more detailed and differentiated information about the victims.
Current forms of stati stical reporting do not reflect sufficient information on victims. In practice, the forms of recording crimes introduce confusion and ambiguity into the minimum amount of information characterizing the victim's identity, the size and nature of the damage caused, and the possibility of recovering it[9].
The reasons for the incompleteness of crime stati stics can be different. They include both objective and subjective factors. The incompleteness of the li st of these factors ultimately leads to a decrease in citizens' confidence with law enforcement agencies, which entails the fact that many of them refuse to apply to these bodies on the facts of committing a crime again st them. As a result, the latency of violent crime increases
Assessments of the latency of crimes can be different based on the tasks and methodology of analysis, the nature and type of crimes, but, in any case, these are considerable indicators[10]. A study in the United States sugge sts that the number of unregi stered crimes exceeds the number officially recorded twice, while the indicators of various types of offenses differ sharply between themselves.
Consequently, along with the improvement of stati stical reporting, it is advisable to conduct full-scale and targeted victimological studies on the identity of the victim, his behavior, the nature of the offender's relationship and law enforcement agencies, the scale of the criminal consequences, etc.
In this connection, the experience of carrying out similar studies in the countries of the FRG and the USA is of special intere st. Here, information regarding the victimization of the population is con stantly collected and analyzed for over forty years. For example, in the US, along with the annual report of the Federal Bureau of Inve stigation on "index" analysis of crimes, "National Crime Comments" are prepared every year in accordance with a special program, the way of collecting and analyzing information of which differs significantly from the reporting of the FBI. They are based on regular interviewing of representative groups of the population (over one hundred thousand people, about 50 thousand owners).
In 1991, the United States passed the Violence Again st Women Act, and in 1994, the U.S. Congress passed the Violence Again st Women Act. consi sting of the prevention of victimization. Under the law, 1,500 centers for victims of dome stic violence have been e stablished.
For example, the 1994 Violence Again st Women Act, enacted by the U.S. Congress, e stablished a national "appeal line" that allocated $ 1.6 billion to these processes and spent on training police, prosecutors, and the judiciary. In the United States, dome stic violence is classified as a crime between relatives, [13] and in the United States, violence is now seen as a consequence of a "hidden infection". A new approach has emerged in the American health care sy stem to prevent an "epidemic" of violent crimes in the country. The fundamental basis of a new approach to the prevention of violent crimes is the shift in emphasis, focusing on changing the environment, social and behavioral factors that lead to the use of violence, rather than on the facts of violence committed. By 1999, the Megan's Law and the Jacob Wetterling Crimes Again st Children and Sexually Violent Offender Regi stration Act had been enacted. Also, in the United States, a person convicted of a dome stic violence crime is often sentenced to participate in a special prevention program in stead of a sentence [15].
The Japanese Association of Vimetrology also plays an important role in the study of Victimology (JAV) in Japan. The mission of this Association is to raise the academic standards of the science of jabrerology and to coordinate joint research projects. The association publishes the journal "Victimology" on the prevention of victimization [16].
In India, the Society of Victimology (ISV) was e stablished in Augu st 1992 to address the causes of victims of crime and abuse of power. The members of the society consi sted of experts and researchers working in various fields [17]. The document Supporting Victims of Crime in England and Wales, adopted in England and Wales in 2010, focuses on how crime assi stance services have developed in England and Wales since the formation of the UK coalition government.
The South Asian Society of Criminology and Victimology (SASCV) which covers Afghani stan, Bangladesh, Bhutan, India, Paki stan, Nepal and Sri Lanka was founded in 2009 by Professor K. Yaishankar. It is an international association for the development of criminology and victimhood, in which academics, researchers and practitioners from around the world come together to create the South Asian Society for Criminology and Violence and share be st practices. The region's literature, religion and cultural traditions demon strates the concept of rich in criminology and victims.
Such studies may be of different types and have the following objectives:
- identification of the scale of victimization of the population in the country and trends in its development;
- study of damage from victimization and its social consequences;
- creation of a more complete picture of the effectiveness of the sy stem of criminal jurisdiction, the level of public confidence, etc.
Based on the analysis of foreign experience, it is advisable to expand the functions of the preventive service departments or to set up special units dealing only with victimological prevention of victims of violent crimes. Today there is no independent special service meeting the requirements of prevention of victim behavior; this activity is practically not regulated in the norms of the legislation. In our opinion, it is necessary to follow the path of expanding the functions of exi sting prevention services or creating special units for victimization prevention.
Now, special attention should be given to the traditional forms of carrying out this work, including the closer connection of inve stigators with the bodies of inquiry. this is very important for the prevention of premeditated murders, rapes committed on the basis of family and dome stic scandals and disagreements[20]. The legal basis for such ties exi sts at present. We believe that inve stigators and di strict inspectors should e stablish a permanent exchange of criminological and victimological information.
Improving legal measures aimed at preventing violent crimes and protecting those affected by the use
of violence is also important. Fir st of all, it is necessary to adopt a special law obliging all law enforcement agencies to treat the victims in ju stice, to respect their honor and dignity, as well as determining the legal status of the victims, their rights and obligations, and mo st importantly, providing for the protection of victims and witnesses.
Inve stigative and judicial practice shows that in mo st cases giving te stimony by victims and witnesses in the course of inve stigation and trial is a great danger for them. Therefore, it is necessary to accelerate the adoption of the law "On State Protection of Victims, Witnesses and Other Persons Assi sting in the Proceedings of Criminal Cases". This law should provide for such important legal and procedural issues as the settlement of the legal status of victims and witnesses, the procedure for their interrogation at the inve stigation and in court, the conduct of an inquiry, compensation for harm (damage), the activities of the in stitutions of reconciliation and mediation.
The li st of state protection measures for victims and witnesses includes: the prohibition of disclosure of data on protected persons; when necessary, the conduct of closed criminal proceedings; li stening to telephone conversations of protected persons; providing them with weapons and other personal protective equipment; provision of other housing and work; sub stitution of documents and other special security measures[21].
As a result of the analysis of victimological studies of violent crimes again st the individual, we came to the
following conclusions:
Fir stly, in all studies it is noted that the cause of the victims' victimization was their behavior, internal motivations and emotions, as well as the socium;
Secondly, in violent crimes, as a rule, the offender was familiar or in close relationship with the victim;
Thirdly, in all studies, measures to improve the organizational and legal mechanisms of victimized crime prevention have not been adequately studied;
Fourthly, there are proposals for the creation of a victim regi stration sy stem and centers to assi st them, but there are no specific mechanisms for implementing these proposals. For example, there are no recommendations on the organization, procedures, forms of stati stical accounts, etc.
As a result of the analysis of the experience of foreign countries, it is proposed to expand the functions of units of preventive services in the country or to create special units for victim prevention of victims of violent crime and a single electronic portal "Victimology Prevention".
These units are responsible for keeping a file of victims of violence, keeping records of them, and forming a database. Through the organization of a single electronic portal, "Victimological Prevention", mechanisms will be created to exchange information between entities involved in the prevention of victim victimization, including the regi stration of exi sting data and current tools. This portal contains the passport-based information of each victim.
References
1. Zaborovsky V.A. General social measures to prevent penitentiary crime: Training materials on the subject "Criminology and Forensic Science", Available at: http://www.jourclub.ru/34/1329.
2. Voronin Yu.A. Crime prevention in foreign countries, Bulletin of Chelyabinsk State University. 2012, No. 27 (281). P.86.
3. Konovalova I.A. Victimization As A Means Of Juvenile Crime Prevention, Bulletin of the Moscow State Regional University, 2012, №1: Available at: https://eve stnik-mgou.ru/en/Articles/View/180
4. Mayorov A.V. International experience of the protection of victims of crime, Proceedings of the 66th Scientific Conference of the South Ural State University, 2014. Available at: http://www.susu.ac.ru.
5. Ibid. April 2014. Available at: http://www.susu.ac.ru.
6. Zhernovoj M.V., Butkov A.V. Some features of the prevention of offenses in foreign countries, Bulletin of the Siberian Law In stitute of the Mini stry of Internal Affairs of Russia, Siberia, 2008, №1. -P.67-70.
7. Kvashis VE, Vavilova L.V. Foreign legislation and practice of protecting victims of crime. - M., 1996. - P. 46-47.
8. Nadtoka S.V. Victimological aspects of the prevention of violent crimes. Author's ab stract. diss ... cand. jurid. sciences. - Ro stov-on-Don: YI MVD RF, 1999. - P. 20.
9. Sukharev A.Ya. The duty of science to the victims of crime, In: Legal and social problems of the protection of victims of crime. - M., 1997. - P. 4-5.
10. Sazonova N.V. Latent crime: concept, causes, measurement. Diss .... Cand. jurid. sciences. - Krasnoyarsk, 2004. - P. 125; Muslov BV Latent crime: some que stions of the theory and practice of counteraction. Diss .... Cand. jurid. sciences. - St. Petersburg, 2006. - P. 104; Gavrilov B.Ya. Latent crime: the concept, structure, latency factors and measures to ensure the reliability of criminal stati stics. - M., 2007. - P. 83.
11. (VAWA). ViolenceAgain st Women Act
12. Ibid
13. Wonders Li sts. Available at: http://info.islom.uz/jamiyat/item/96-zhinsij-zoravonlik-avzh-olgan-mamlakatlar-10-taligi.html
14. On the prospects for the reorientation of the functions of criminal ju stice and health care sy stems in the prevention of violent crime in the United States. Fighting crime abroad.1995. №5. - C. 25-31.
15. Krilova N.E. Criminal law of foreign countries in 3 volumes. Volume 2. General part. France, Germany, Italy, Japan. Textbook for undergraduate and graduate programs, 5th edition. - M., Urait, 2016, p. 152.
16. Japanese Association of Victimology (JAV). Affiliated Organizations: Japan Available at: http://www. worldsocietyofvictimology.org/nationalvs/japan.html.
17. Indian Society of Victimology. Available at: https://isvindia.webs.com/.
18. Mathew. H, Supporting victims of crime in England and Wales: Local commissioning meeting local needs?, 2018.
Available at: https://journals.sagepub.com/doi/10.1177/0269758017747055
19. South Asian Society of Criminology and Victimology (SASCV). Available at: https://www.sascv.org
20. Manzhola A.S. Prevention of premeditated murders committed on the basis of family and dome stic conflicts, Karaganda, 1994. P. 50-54; Kogamov M.Ch., Sagdiev H.X. Interaction of the inve stigator with the branch services of the internal affairs body in the implementation of crime prevention, Karaganda, 1994. P. 75-78.
21. Kvashis VE, Vavilova L.V. Foreign legislation and practice of protecting victims of crime. - M., 1996. - P. 58-77; Knyazev V.V. Protection of Witnesses Abroad, M., 1994. - P. 24-25; Shcherba SP, Zaitsev OA Ensuring the rights of victims and witnesses in the preliminary inve stigation. - M., 1995. - P. 45.
