CURRENT CRIMINOLOGICAL FEATURES OF SAFETY VIOLATIONS
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 59)Publication Date: 2023-01-31
Authors : Fedchun Nataliia;
Page : 65-69
Keywords : safety violations; high-risk source; negligent behavior; social danger; latenization of safety violations;
Abstract
The article examines modern criminological features of safety violations using high-risk sources, represented in a person's committing actions prohibited by the relevant legal acts, or in failure to perform actions that a person should have performed in accordance with legislative or regulatory requirements. In the field of using high-risk sources, there is a genetic link between the tort and a socially dangerous act, since the motivational complex of safety violations and personality of the delinquent do not determine the criminal result, and the responsibility depends on the scale of social danger of the consequences. Their nature, in turn, is determined by the subject's field of activity, the way of use tools and means, conditions under which the violation was committed, etc. The development and implementation of effective measures of preventive influence are possible only by identifying the real scale of social danger — that is the main and more objective social feature, than a quantity of fixed criminal offences. In turn, the qualitative-quantitative interpretation of safety violations allows revealing the patterns of their genesis, identifying the nature and scale of social danger and thereby — the main tasks and directions of counteraction. Latenization of safety violations significantly affects the assessment of the real scale of the social danger of negligence and its negative consequences of a legal, physical, informational, material and moral nature. Thus distorts the practice of neutralizing criminogenic factors and eliminating harmful consequences. The trinity interaction: «dangerous situation — human factor — high-risk source» considers being an instrumental requirement for optimal and effective legislative, managerial and organizational «safety» activity regarding use of high-risk sources. Abovementioned determines the necessity of specific preventive measures.
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