Theoretical and applied issues of «price» of criminality and its calculation

• Main Authors: Володимир Васильович Голіна, Сергій Вікторович Брояков
• Format: Article
• Language: English
• Published: Yaroslav Mudryi National Law University 2017-12-01
• Series: Теорія і практика правознавства
• Subjects: «price» of criminality; conceptual approaches; direct and indirect damage; material and immaterial damage; «price» of preventive measures
• Online Access: http://tlaw.nlu.edu.ua/article/view/114246

The article is devoted to the  study of the legal nature and the internal structure of such categories as «price» of criminality. Were determined conceptual approaches of establishing a «price» of criminality and also analyzed the prospects of their development. We highlighted issues related to the definition of specific integrative elements of such category as «price» of criminality. Determined the concept of «price» of crime, under which we propose to understand the direct or indirect costs of physical, material, spiritual and moral nature, which undergoes mankind as a result of the commission of criminal encroachments, expenses incurred by society in connection with the need to overcome the consequences of criminal acts, the keeping of the whole law enforcement, penitentiary system and other state institutions, as well as the aggregate assets of the criminal organizations and their costs to support their illegal activities. It is established that the crime price includes the following integrative components: a) Current price damage caused by criminal abuse; b) »price» of preventive measures to prevent crime; c) »price» as a «budget» of criminal activity. Analyzed the general theoretical approach according to which the «price» of crime is a direct and indirect harm, which is caused by society in connection with the commission of socially dangerous acts, is analyzed. An economic and socio-anthropological approach to determining the price of crime is considered. The main differential criterion of the aforementioned conceptual approaches is the attitude of their representatives to the possibility of establishing harm from criminal encroachments in absolute terms. It should be noted that the emphasis in this study is precisely in the socio-anthropological approach, since it is characterized by a greater degree of system validity.