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18assets, and hence to the slowdown of business and the slowdown in investment processes.
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PROPAGATION OF CRIMINAL ANTI-CULTURE AMONG YOUTH
Bochkareva E.
Candidate of Sciences (Law), Senior Lecturer, Department of Criminology and penal law IILE of A.S. Griboedov
Abstract
The article deals with the distribution of criminal anti-culture among youth.
Keywords: anti-culture, crime.
Criminal groups are distinguished by the presence of their own "special culture", or more precisely, criminal anti-culture. The propagation of criminal anti-culture in modern society is a big problem for the state, requiring decisive action to eradicate criminal ideology from the consciousness of the population. The spread of criminal anti-culture among young people is especially dangerous, since adolescents, due to their age characteristics, are most susceptible to involvement in antisocial activities.
In criminology, it is customary to use the term criminal subculture, however, some scientists use their own terms: "penal subculture", "counterculture", "anticulture", "pseudoculture", "asocial subculture". It seems appropriate to use the term "criminal anti-culture".
"Culture" is a combination of production, social and spiritual achievements of the population, where achievement is a positive result of some efforts. However, the dictionary of S.I. Ozhegov defines culture as a high level of anything, development, skill. Thus, culture is nothing but the positive development of social relations.
From the point of view of sociology, a subculture is a system of values, attitudes, behaviors, lifestyle of a social group, which is an independent holistic entity within the dominant culture.
Analyzing the word "subculture", we can distinguish the following parts: the prefix - sub and the root - culture.
Based on the purpose of the prefix "sub", we determine that it indicates the location of the considered object below, under something or near something.
Thus, "subculture" in relation to "culture" is of secondary, subordinate importance. And if there is subordination - thus, accordingly, the considered object couldn't be opposite to the main one.
At the same time, it seems appropriate in relation to the criminal "culture" to use the prefix "anti", which forms nouns and adjectives with the meaning of oppo-sites, hostility, orientation against someone and (or) something. Consequently, it seems possible in this way to show the negativity and opposition to social norms of such a phenomenon as crime.
Criminal anti-culture has an impact not only on people serving sentences in prisons, but also on the psychology of society as a whole.
The process of an individual entering a culture through the exploration of its meanings is called the process of culturation. Unlike "socialization", which includes a person in the structure of society, making him the bearer of certain social roles and social relations, culturation forms a human individuality, combining, on the one hand, the characteristics of culture itself, and on the other, suggesting the possibility of choosing those values that this individual explores.
In this regard, the process of adopting values that are contrary to generally accepted ones can be defined as outculturing (English "out" - beyond, away from). Unlike nihilism (the denial of generally accepted values: ideals, moral norms, culture, forms of social life), the process of outculturing involves not only the denial of values accepted in society, but also the adoption of values that are opposite to them, i.e. the definition of outculturing is broader than nihilism. In turn, outcultur-
ing also differs from negativism (unmotivated behavior, manifested in actions intentionally opposite to the requirements and expectations of other individuals or social groups) due to the possibility of lack of intent in the actions taken.
It seems possible to distinguish 2 types of outcul-turing: conscious and unconscious. Conscious outcul-turing is expressed in the deliberate opposition of oneself to law-abiding citizens and the acceptance of the values of the criminal world. Unconscious outculturing - the use of the attributes of criminal anti-culture by law-abiding citizens in everyday life, without realizing their antisocial nature. For example, when elementary school children learn words related to prison jargon from each other, however, due to their age characteristics, they do not realize that such words and expressions are not accepted in society.
The public danger of criminal anti-culture lies in the following:
1) distorts public legal awareness, deforms the integrity of citizens;
2) preserves and transfers criminal experience and professionalism from generation to generation of criminals;
3) contributes to the negative transformation of moral, cultural, ideological, aesthetic values of modern society;
4) complicates, and in some cases even blocks the process of socialization of adolescents and youth by teaching them pseudo-cultural attitudes and asocial norms;
5) creates a positive image of certain categories of criminals and condemns the assistance of the population to law enforcement bodies in any form;
6) forms public opinion about distrust of the state, provokes citizens to violate legal norms and prohibitions, pushes them to commit administrative offenses and criminal offenses;
7) cultivates legal nihilism in society, a frivolous or careless attitude to labor and civil duties, a neglect or indifference to historical and cultural monuments.
The typology (types) of criminal anti-culture include:
a) prison anti-culture;
b) the anti-culture of recidivists, "professionals" of the criminal world, people belonging to organized criminal groups and communities;
c) anti-culture of minors and youth;
d) the anti-culture of extremists, anarchists, radicals, etc.;
e) anti-culture of destructive (totalitarian) religious organizations (sects);
f) anti-culture of people suffering from chemical addictions (alcoholics, drug addicts, toxicomaniacs);
g) the anti-culture of marginalized segments of the population (tramps, beggars, station prostitutes, etc.).
Criminal anti-culture involves the use of special jargon, criminal nicknames, tattoos, thieves' folklore, etc. Criminal anti-culture has a particularly strong effect on minors. Particular features of the minors' psyche, lack of moral attitudes, desire to resist adults - all this leads to the replacement of generally accepted moral values with antisocial ones.
Unfortunately, minimization of the criminal anticulture influence is complicated by the fact that in modern society it is treated as part of a culture (i.e. considered as a subculture) increasingly permissible and fashionable. However, if the adult generation can still distinguish what is good and what is bad this is difficult for a minor. More and more minors are replacing conventional words and expressions with jargon and obscenities. For example, the Internet service Yandex Music performed an analysis of frequently used words in Russian rap (the most popular musical direction among young people), among the most popular adjectives, verbs and adverbs - swear words.
The most dangerous introduction of criminal anticulture among youth is the emergence of youth associations that propagandize the criminal system and ideology. The association "A.U.E." (prisoner's code is universal) is rapidly gaining popularity in recent years. This youth association promotes thieves' concepts of the Russian criminal community and prison concepts among minors, requires compliance with the "thieves' code", with the collection of money for the "common fund", in return promising support and protection in the present and future.
Representatives of the A.U.E. association not only adopt criminal ideology, but also actively use it in practice, which is especially dangerous. For instance, in August 2018, a company of 15 teenagers walked and beat pedestrians on the streets of St. Petersburg for two hours. The victims of the gang were 16 people. Criminal proceedings have been initiated on the fact of committed acts.
One of the ways of spreading criminal ideology is the Internet social networks in particular where adolescents unite in interest groups, including groups with an extremist and other anti-social orientation.
The use of Internet resources (including social networks), on the one hand, leads to the expansion of contacts, horizons, the development of imagination, etc. But, on the other hand, it can lead to an "addiction syndrome" contributing to a narrowing of interests, disorder, escaping from reality, as well as the imposition of antisocial attitudes and involvement in criminal groups.
Information on the Internet is spreading so fast that law enforcement agencies are not able to timely identify and block antisocial and in some cases extremist information.
The AntiAUE project is in force in Russia, aimed at ridiculing the A.U.E. association on social networks to dispel the myth of the romanticism of the prison world among young people. However, despite the positive thrust of the considered project there are many aspects that need improvement. The presence of projects aimed at eradicating any social phenomena usually only attracts attention to them. For example, active advertising of the AntiAUE project on social networks can arouse interest in the AUE association among people who did not previously know about this phenomenon.
At the same time, in case of successful implementation of the project and the formation of a negative attitude towards AUE among young people it is likely
that minors will join other movements (including antisocial ones), as adolescents tend to form interest groups. In order to prevent such a situation, it seems advisable to offer young people alternative movements that can take their interests into account while at the same time developing a sense of patriotism and law-abiding behavior in them.
In order to prevent the spread of criminal anti-culture among youth, it is necessary to apply an integrated approach aimed at:
1) the development of minors' personal resources that create a psychological basis for opposing the imposition and adoption of criminal ideology. These include positive, stable and adequate self-esteem and an appropriate attitude towards other people, an internal locus of control, the ability to self-regulate in difficult life situations, communication skills, future prospects, emotional intelligence;
2) increased accountability for involving minors in the commission of antisocial actions;
3) amendment to Clause 5, Article 29 of the Constitution of the Russian Federation for the purpose of applying censorship in relation to the propaganda and romanticization of the attributes of the criminal world;
4) the promotion of family values and patriotism;
5) the effective implementation of the Concept of state family policy in the Russian Federation;
6) improving the educational level of law enforcement officers within developmental psychology, as well as youth communities;
7) ensuring the availability of leisure to minors (the introduction of free classes and workshops, involving minors in public life);
8) state support for social projects that contribute to the formation of active citizenship and law-abiding behavior among young people, ensuring a targeted approach to these projects. For example, it is advisable to direct the existing AntiAUE project to groups of minors already affected by the AUE movement in order to prevent "advertising" of this association among law-abiding citizens.
LEGAL BASIS OF THE IMPLEMENTATION OF INTERNATIONAL STANDARDS FOR THE PROTECTION OF THE RIGHTS OF CONVICTED PERSONS IN PLACES OF NON-FREEDOM OF
UKRAINE
Kolodchina A.
Postgraduate student of the Department of security management, law enforcement and anti-corruption activities of Private Joint-Stock Company «Higher education institution «Interregional Academy of Personnel Management»
ПРАВОВА ОСНОВА РЕАЛВАЦП М1ЖНАРОДНИХ СТАНДАРТ1В У СФЕР1 ЗАХИСТУ ПРАВ ЗАСУДЖЕНИХ У М1СЦЯХ НЕСВОБОДИ УКРАШИ
Колодчина А. Л.
AcnipaHm кафедри управлтня безпеки, правоохоронно1 та антикорупцшног дiяльностi ПрАТ «Вищий навчальний заклад «Мiжрегюнальна Aкадемiяуnравлiння персоналом»
Abstract
The article considers the legal basis for the implementation of international standards for the protection of the rights of convicted persons in places of non-freedom of Ukraine. It is provided their systematization. It has been proved that the application of international standards for the protection of the rights of convicted persons in places of non-freedom of Ukraine varies and depends on the level of their legal implementation in national legislation.
Анотащя
У статп розглянуто правову основу реалiзацii мiжнародних стандарта у сферi захисту прав засудже-них у мюцях несвободи Украши. Надано ix систематизацш. Доведено, що дiя мiжнародних стандарпв у сферi захисту прав засуджених у мюцях несвободи Украши е рiзноманiтною i залежить вщ рiвня правовоi' iмплементацii' i\ у нацюнальне законодавство.
Keywords: legal basis, implementation, international standards, protection, rights, convicted person, places of non-freedom.
Ключовi слова: правова основа, реалiзацiя, мiжнароднi стандарта, захист, права, засуджений, мюцях несвободи.
Постановка проблеми. Вaжливим aCTeRroM фоpмyвaння пpaвовоï дepжaви e зaбeзпeчeння пpaв тa свобод людини. I це недивно, оскшьки у OTarn 3 Конституций У^шни життя тa здоpов'я людини пpоголошeнi гайвищою соцiaльною цштстю. Тому, коли до особи, яга вчинилa злочин, 3a piшeн-ням суду зaстосовyють покapaння у видi пpимyсy тa
пeвниx пpaвообмeжeнь, iснye високий стyпiнь p^ зику, що ця особa зaлишиться певним чином без 3a-xистy.
Отже, га сьогоднi в Укpaïнi юнуе нaгaльнa по-тpeбa у ствоpeннi тa зaтвepджeннi ново1' концепцй' зaбeзпeчeння пpaв зaсyджeниx у мiсцяx несвободи згвдно з мiжнapодними стaндapтaми поводження i3 зaсyджeними. Це нaдaсть можливють зaсyджeним
