MODERN APPROACHES TO PREVENTING AND COMBATING VIOLENT CRIME IN UKRAINE

Abstract

This article examines the content of the legal categories of "prevention" of crime and "counteraction" to crime used in the current legislation of Ukraine and thus creating the relevant legal basis for law enforcement entities. In addition, the author makes a scientific analysis of the content of such analogues of the term "prevention" as: prophylaxis, prevention, warning, etc., and also derives their correlation with each other, which is important in the context of organizing activities aimed at raising the level and preventing the commission of violent crimes in all areas of public activity in Ukraine. Based on the results of the study, the author supports the position of scholars who insist that when correlating legal norms, priority is given to those that relate to the content of the so-called substantive law. This article examines the content of the legal categories of "prevention" of crime and "counteraction" to crime used in the current legislation of Ukraine and thus creating the relevant legal basis for law enforcement entities. It is also proved that the term "prevention" is broader in content and etymological meaning than the term "counteraction", since the latter means the reaction of a certain subject of activity (in this case, a law enforcement or law enforcement agency) to the action or inaction of another subject of public relations, i.e. it does not apply to the early stages of prevention of a criminal offense (in particular, at the stage of formation of criminal intent). Given this, the author proposes to consider violent crime in the context of the theory of prevention and to improve in this regard the legal mechanism for preventing the commission of these criminal offenses at various levels (doctrinal, legislative, law enforcement, etc.). This conclusion is based not only on the existing doctrinal approaches to this issue, but also on the negative trends in the development of violent crime in Ukraine which have developed today and are caused by the military actions of the aggressor State against our country, the active phase of which began on February 24, 2022. In particular, the author scientifically substantiates the need to modify at the legislative level in Ukraine those criminal law provisions relating to violent crime, namely: Article 186 of the Criminal Code "Robbery", Article 187 of the Criminal Code "Robbery", Article 1261 of the Criminal Code "Domestic Violence", and others.