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Section 9. Criminal law and criminology
Section 9. Criminal law and criminology
Buriak Kateryna Mihaylovna, Dnipropetrovsk national university Oles Honchar, postgraduate student, the Faculty of Law E-mail: ket_rin@bk.ru Yuzikova Natalia Semenovna, Dnipropetrovsk national university Oles Honchar, Candidate of Law, docent of department of administrative and criminal law E-mail: yzikovans@mail.ru
Framework of media impact on a safe socialization of the child: a comparative analysis
Abstract: Stages of socialization of the child and the impact of media on the formation of her behavior was reviewed in the article. Analysis of regulations of foreign countries which aims to creating a safe information space was afforded. Ways of introducing of international experience in the formation of information policy for the child in Ukrainian legislation were determined.
Keywords: minor, socialization, negative impact, violence, unlawful behavior
Identification of social impacts on child development is an important component of democracy. Internal conflicts are promoted with a difficult economic situation, the catastrophe of past ideology and an aborted of new one. This period is more difficult for children and young people. Nihilism, demonstrative and defiant behavior, neglect of law and the rights of others increase among minor. Intensity of violence and aggression in the behavior of minors has increased.
Socialization of the child is a complex and long process of identity formation within the economic, political, legal, social, cultural, educational and other relations.
The problem considering the psychological and philosophical concept of socialization component was reviewed in the article. Socialization is a process of assimilation by individual norms of public life and social relations through common activities, communicate with other people, education and training [1, 330]. Socialization is the process of assimilation by the individual a certain system of knowledge,
norms, values, which allowing him to function as a full member of society [2, 629].
The term “socialization” in the scientific sphere was introduced by American sociologist F. Hidinh-som in XIX century. This academic considered socialization to be as a processes of development the social nature of a person. Already in XX century, there were several approaches for understanding the scope and meaning of “socialization”. Skiner B., B. Walters were representatives ofbehaviorism and neobihevioryzmu, they viewed socialization as a process of social learning. Charles CooleyandJ. Mead. were representatives of the school of symbolic interaktsionalizm, they investigated socialization as a result of social interaction between people. Proponents of structural functionalism T. Parsons, R. Merton perceived socialization as a process of role training [3, 4]. In these theories socialization are regarded as human adaptation to the environment with mastering society norms, rules, values, and so on.
Socialization gives a chance not only to communicate with each other, mastering the norms,
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Framework of media impact on a safe socialization of the child: a comparative analysis
values, rules of conduct, performance of social roles, but also it ensures the preservation of society in the course of generations.
The process of socialization continues for the whole life. It appears among juvenile age (up to 18) more intense. During this period a person acquires certain qualities, learns rules, norms, values which determine its behavior.
During the process of socialization of the child there are three interrelated and forming components. The first of them is the formation of needs, values and creating conditions for their satisfaction during the process of realization social functions of institutions of society (political, economic, family, education, culture, etc.).
The second one is effective work of society institutions. There are political, economic, social, family, education, religion, culture, education, and public institutions.
The third one is implications of realization of social functions of society institutions during the process of development of the personality of the minor. This behavior is the result of behavior of a minor, his social activity, which has place in process of fulfilling of needs, interests and values. A.-H. Maslow has identified the following order to fulfilling of needs: physiological needs; the need for security; the need for love and affection; the need for recognition and evaluation; the need for self-actualization. At the same time, he noted that human behavior is determined with the highest needs only the extent to which the lower needs are satisfied.
Successful socialization is based on three factors. There are an expectation, a change of behavior and a pursuit for conformism. For example of successful socialization is respected peers, their behavior is repeated or peers try to do it. However, it is not only the influence of peers but also family, teachers, the media and other elements of socialization. Social, physical, moral, intellectual skills, which needed for realization of social roles in society are formed with their influence.
The media has become an integral part of the culture of modern society. The media creates an information background. It helps a man and a minor in particular, creates certain outlook about a way oflife and a lifestyle, models of behavior [4].
The value of the media in modern society is important. In the mid-twentieth century a rapid development of information technology started. It laid the foundation of the formation of a new type of information society. The impact of the media on people starts from an early age and continuesly going for the whole life.
The first study of negative effects of the media on human behavior was conducted in the 60-th in last century. Thus, the US Commission of Parliament for studying of TV impact on children and young people reached a conclusion that television teaches children such moral and social values which are incompatible with the norms of civilized society. Experts of the Italian research center have similar views. They argue that today 12 million of samples of childrens’ pornographic images are available not only online but also on television.
Recently a view about the impact of the media, especially television and film in the propaganda among the youth “criminal ideology” is met more often in criminological literature. A pumping of fear in front of crime on the background of an awful information is actived.
Nearly 90% of French, Germans, Belgians, Italians think that all troubles with children are caused with a fault of “TV screen”. European Society for the Protection of Children has estimated that hourly 20 murders and crimes are shown with films and programs in all European channels. An Ukrainian commercial television has even more scenes of violence. Kushnarev said that during one day 160 fights, 202 murders, 6 robberies, 10 sex scenes and other violence and vulgarity were shown with television channels. As teenagers spend from 3 to 4 hours a day at the TV screen, you can imagine an impact of media on the child’s psyche [5, 27].
In developed democracies there are accepted norms and prohibitions about the dissemination of information which can affect adversely on the process of formation of moral development of minors. In the Federal Republic of Germany limits of freedom of the press and freedom of information are set. They are distributed with radio, press and television. These rights are limited with general laws, including the Law about Youth and the right to protection of honor and dignity.
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Section 9. Criminal law and criminology
In 1953 the Law “About the distribution of material which is harmful for youth” was adopted by the German Bundestag. It aims to protect the interests of the younger generation. This law provides for the appropriate state agency — the Federal Office for Testing of Material, which is harmful for young people. Members of the agency consider the inclusion into the special list the following materials which are harmful to the younger generation: books with ethnic strife; videos with cruelty and violence; computer games with war or racism.
Penalties for selling pornographic material to people under 18 years are provided and the publication of the proposals, advertising of pornography and the sale of such materials in the places where minors have access is prohibited with German Penal Code Art. 184.
There are also regulations about the protection of minors from harmful effects of the media in the UK. The British Film Classification Committee classifies films and videos, depending on the age of the audience.
UK Law “About videos” (1984) was taken by public. It requires from the British Film Classification Committee to pay special attention to the likelihood of viewing products at home and also for corresponding age audience and take into account the probability of dangerous behavior among audience after viewing. Policy of Committee control a rental of movies. British law “About Cinematography” (1937) prohibits demonstration of violent scenes on animals, and the Law “About protection of children” (1978) prohibits to demonstrate indecent images with children under 16 years. For these violations, the court may make a ruling about a fine or imprisonment, or apply both of penalties at the same time. In Britain there are day time and evening time for broadcasting (limit is 21.00). Parents can control their children viewing.
An experience of USA, Canada and Japan is useful for Ukraine. The American public drew attention that the media provoke an increase of crime, especially among minors. So Americans follow common principles in the area of information security.
Since 2000 in US and Canada has forbidden to sell TVs which haven’t a special encoding tool. It al-
lows parents to program the TV with their age classification.
In Japan the National Association of Commercial speakers and the Supervisory Board for broadcast standards developed document which commits to alert about an unwanted viewing of certain gear by minors using captions or blending them during demonstrations of such programs and also earlier comments in the print media and the Internet pages. Japanese journalists must do such warnings, if the transmission has sex scenes and violence.
In Russia, the law “About a protection of children from a harmful information for their health and development” aims to protect children from the damaging impact of the information which hurts their psyche, and from the information which can develop childs’ unhealthy tendencies. It is prohibited to spread an unchecked information, which can cause childrens’ desire to take drugs, alcohol or induce to damage for life or health. The information which should be limited is defined with law — “this is information with image or description ofvio-lence, cruelty, crime”, information of a sexual nature, and information which causes fear and panic among children, and also information which justify violence and illegal behavior. The owner of such information have to restrict children’s access to it. Information products in-law classified by age of access. There are “universal”, “to 6 years old”, “from 6 years old”, “from 12 years old”, “from16 years” and “from 18 years”. All products are not “universal” must be classified and labeled accordingly marked by the manufacturer or distributor independently [6].
The European Convention about Human Rights and Fundamental Freedoms was signed by Ukraine on the 4-th of November in 1950. Ukraine acknowledged the jurisdiction of the European Court of Human Rights and must consider the decision of the European Court and its interpretation of norms the “Convention for the Protection of Human Rights and Fundamental Freedoms”.
The Law of Ukraine “Abour Printed Media (Press) in Ukraine” was adopted in 1992. It prohibits to use a print media for a propagation of violence and cruelty, aspreading of pornography and disclosure of information which indicates on the person of juvenile offender without his consent, consent of his
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Concept of gambling in criminal legislation
representative, such information is an abuse of the freedom of the media (Article 3).
The Law of Ukraine “About Television and Radio” prohibits the broadcast (films) which can damage a physical, mental, moral development of minors. A dissemination of information without the consent of their parents or persons who replace them is prohibited. The information about a suicide of minors if we can identify the person of a minor is prohibited too (Art. 41).
The Law of Ukraine “About Advertising” prohibits to use images of children in advertising which show products intended for adults or prohibited for minors. Advertisement must not undermine the authority of parents, guardians, trustees, teachers and trust to them. Advertisement must not contain appeals for children about a purchase of products. In advertising must not be toy weapons, explosive devices (Article 20).
In addition, art. 22, paragraph 3 prohibites advertising alcohol and tobacco on children’s goods, printed publications.
The Law of Ukraine “About Protection of Public Morality” contains legal provisions about the protection of minors from the harmful effects of the media. The law prohibits the production and circulation production of pornography and erotic character and production with elements of violence and cruelty (Article 2). Sexual or erotic nature may be distributed in case it is available for minors (Art. 8). Involving to the sale of erotic products, introduction with products by minors of 16 years, in some cases 18 years is prohibited (Art. 11).
Thus, a legal framework and conditions for the formation ofpositive motivation ofminors and prevent of their dangerous and criminal activity is established in Ukraine. The borrowing offoreign experience and implementation of international principles about media activities will contribute the prevention of minors.
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4. Бугера О. Насильницька злочиншсть неповнолггшх та засоби масово! шформацн/О. Бугера [Електронний ресурс]. - Режим доступу: http://uccg.org.ua/bulletin/Articles/02 (6)/07-Doslidzhennya/060702.pdf
5. Кушнарьов С. В. Вплив засобiв масово! шформацн на формування правосв^омосп неповнолггшх: зарубiжний та втчизняний досвЦ/С. В. Кушнарьов//Сощальна педагопка: теорiя i практика. -2009. - № 2. - С. 24-31.
6. Куницький В. В. Захист неповнолгтшх в шформацшному просторi як об’екта гумаштарно!' експер-тизи: укра'шський та зарубiжний досвЦ/В. В. Куницький [Електронний ресурс]. - Режим доступу: http://www.academy.gov.ua/ej/ej14/txts/Kunitskiy.pdf
Usynin Vladislav Vutalevuch, Institute of History and Law N. F. Katanov Khakass State University E-mail: msosuskrh@mail.ru
Concept of gambling in criminal legislation
Abstract: The paper analyzes legal regulation of gambling in Russia, meaning and essence of the concept of gambling. The need for a criminal definition of gambling.
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