Characteristics of general prevention of offences and its basic properties

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Расулев A., & Худжакулов S. (2020). Characteristics of general prevention of offences and its basic properties. in Library, 20(2), 148–154. извлечено от https://inlibrary.uz/index.php/archive/article/view/9130
Абдулазиз Расулев, Академия МВД Республики Узбекистан

Доктор юридических наук, профессора кафедры «Профилактика преступности»

Сиёвуш Худжакулов, Академия МВД Республики Узбекистан

кандидат юридических наук, доцент, докторант факультета последипломного образования

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Аннотация

The article analyses the purpose and tasks, object, arrangements of general prevention of offences. Conclusions directed on improvement of scientific-theoretical approaches to these problems are developed.

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Abdulaziz Rasulev, Doctor of law, acting Professor of the Department of

«Crime prevention» of the Academy of the Ministry of Internal Affairs of

the Republic of Uzbekistan.

Siyovush Xujakulov, PhD in Law, associate professor, doctoral student of

the faculty of postgraduate education of the Academy of the Ministry of

Internal Affairs of the Republic of Uzbekistan, Tashkent

CHARACTERISTICS OF GENERAL PREVENTION OF OFFENCES AND ITS

BASIC PROPERTIES

A. Rasulev, S. Xujakulov

Abstract: the article analyses the purpose and tasks, object,

arrangements of general prevention of offences. Conclusions directed on
improvement of scientific-theoretical approaches to these problems are
developed.

Keywords: prevention of offences, general prevention, special

prevention, individual prevention, victimology prevention, persons inclined
to commit offences, persons with high level of becoming victim.


Nowadays, when the threat of such negative phenomena as religious

extremism, terrorism, drug addiction, human trafficking, illegal migration,
“mass culture” is growing, the fact that instead of applying heavy and
ruthless punishments for the crime committed is much greater the effect and
result will bring inevitability of responsibility for committing offenses, their
prevention. And this, in turn, requires the creation of an effective system for


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the implementation of crime prevention measures, the determination of the
causes and conditions for the commission of offenses, and the introduction
of modern organizational and legal mechanisms for their prevention. For
this reason, improving the theoretical and legal foundations of crime
prevention through the implementation of in-depth scientific research is of
particular relevance.

Prevention of offenses is divided into general, special, individual and

victimological. In the scientific and theoretical References:, general
prevention refers to the prevention of offenses by the subjects of prevention,
the identification of the reasons for their commission and the conditions that
allow them to be committed, the activity to eliminate them [3, p.192; 6, p.7].

In our opinion, this definition provides only a description of the general

prevention of offenses. It did not find its exact reflection of the goals and
objectives of general prevention, its specificity. It should be noted that each
type of crime prevention has the qualities inherent in general prevention:
goals and objectives, an object, a system of preventive measures, the basis
and procedure for their implementation, as well as certain advantages. In
this regard, it is impossible to achieve results that can be achieved by other
types of crime prevention through the implementation of one of the types of
crime prevention.

Due to the fact that “general crime prevention” is a new concept for

theory and practice, there are other opinions about the goals of this type of
crime prevention. However, without determining the goal of general crime
prevention, it is difficult to come to a consensus on the objectives and system
of measures of the type of crime prevention under consideration.

According to the Law of the Republic of Uzbekistan dated May 14, 2014

“On the Prevention of Crimes”, crime prevention refers to a system of legal,
organizational and other measures of general, special, individual and
victimological prevention, used to maintain and strengthen the rule of law,
identify, suppress offenses, as well as identify , eliminating the causes of
offenses and the conditions conducive to them

(article 3) [1].

In this definition, the following are indicated as the goal of crime

prevention:

maintaining and strengthening the rule of law;

identification and suppression of offenses;

identification, elimination of the causes of offenses and the conditions

conducive to them.

In the doctoral dissertation I.Yu. Fazilova proposed to relate to the goals

of crime prevention also:

increasing the legal consciousness and legal culture of citizens, the

formation of law-abiding behavior in them, a sense of inevitability of
punishment for committing an offense;


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warning citizens about the public danger of offenses, informing them

of the methods and means of protection against offenses, as well as reducing
the risk for specific individuals to become victims of offenses;

prevention of offenses;

the implementation of preventive work to correct the offenders

(inclined to commit), previously convicted of an offense, as well as to
prevent their reoffending;

social rehabilitation and social adaptation of persons affected by an

offense, committed an offense (inclined to commit), previously convicted of
an offense [4, p.222-223].

Considering the foregoing, based on the characteristics of the general

prevention of offenses, we consider it appropriate to formulate its goals as
follows:

maintaining and strengthening the rule of law;

increasing the legal consciousness and legal culture of citizens, the

formation of law-abiding behavior in them, a sense of inevitability of
responsibility for the offense;

warning citizens about the public danger of offenses, informing them

about methods and means of protection against offenses, as well as reducing
the risk of becoming a victim of an offense;

identification of offenses and their elimination;

identification and elimination of the causes of offenses and the

conditions conducive to them;

crime prevention;

involving the general public in crime prevention;

improving legislation related to crime prevention.

It should be emphasized that based on the analysis of the system of

preventive measures and their application, it is possible to further expand
the goals of general prevention. In this regard, according to I.Yu. Fazilov,
“Given the characterization of the concept of crime prevention, in particular
human trafficking, it is inappropriate to limit its implementation to specific
goals [5, p.180].

In the scientific References:, in comparison with the tasks of general

crime prevention, more attention is paid to their activities. In our opinion,
goals are the basis when developing tasks, tasks задачи when developing
functions, and functions, when developing activities. As a result, a legal
procedure for the implementation of these measures is being developed.
Any activity developed according to this logic will have its own effective
mechanism.

Based on the goals of the general prevention of offenses formulated

above, it is possible to determine its objectives as follows:


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involving the general public in crime prevention by developing crime

prevention programs and implementing incentive measures;

development of legislative acts on the prevention of offenses,

introduction of amendments and additions to existing acts;

development and implementation of measures to increase legal

awareness and legal culture of the population;

identifying the causes of the offenses and the conditions conducive to

them, maintaining their records, analysis, development and implementation
of measures to eliminate them;

control, coordination and methodological support of the activities of

subjects of crime prevention;

propaganda of law-abiding behavior among the population through

the implementation of various kinds of educational activities;

the formation of the population’s knowledge and skills to protect

against various kinds of threats and aggressions;

policing and ensuring the safety of citizens;

providing employment and social protection;

development and implementation of spiritual and educational

activities aimed at improving the moral, ethical and spiritual level of the
population.

In the scientific References:, there is a lack of a unified theoretical and

legal approach to the object of general crime prevention.

According to I.Yu. Fazilov, “The circle of people against whom

preventive measures are being taken are related to the types of prevention
of trafficking in human beings: general prevention of trafficking in persons -
relative to the population; special and individual prophylaxis - in relation to
persons who have committed (inclined to commit) human trafficking;
victimological prophylaxis - regarding persons who are prone to become
victims of trafficking with a high degree (danger)” [5, p.181].

According to I. Ismailov and K. A. Saitkulov, measures of victimological

prevention

are

carried

out

in

relation

to

persons:

a) inclined to become a victim of offenses; b) with antisocial behavior; c)
prone to committing offenses; d) committed an offense [2, p.56].

In the above scientific provisions, the object of crime prevention is

limited only to persons, and issues related to the protection of public order,
ensuring the safety of citizens, the protection of buildings of state bodies,
categorized objects and structures, dwellings and real estate of the
population are ignored.

In the specialized References:, the objects of crime prevention include

events and processes that form a person's antisocial behavior, the causes
and conditions of offenses, and criminogenic situations.


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As you can see, with respect to the object of general crime prevention

there are narrow and broad approaches. The absence of a unified approach
on this issue has a significant negative impact on the formation of theoretical
and applied provisions aimed at increasing the effectiveness and efficiency
of general crime prevention, a specific targeted organization of general
crime prevention in practice.

Based on the above analysis, we consider it appropriate to attribute to

the object of general crime prevention:

persons subject to preventive influence;

public order protection;

ensuring the safety of citizens;

protection of buildings of state bodies, separately categorized objects

and structures, dwellings and real estate of the population;

reasons for offenses and the conditions conducive to them.

It is known that the separation of certain areas of activity creates the

basis for a clear and targeted definition of goals and objectives.

Persons subject to preventive influence can be considered as the main

object of the general prevention of offenses. At the same time, not only
persons prone to committing offenses, but also persons prone to become
victims with high probability, will also be the objects of general crime
prevention.

Based on this conclusion, it is recommended to carry out general crime

prevention in the following two directions:

first, general criminological prevention of offenses aimed at deterring

individuals from committing offenses;

second, general victimological prophylaxis of offenses aimed at

reducing a person’s risk of becoming a victim of offenses.

In this connection, a legitimate question arises: “Victimological

prevention is a separate type of crime prevention. How can it be the
direction of general crime prevention?” In our opinion, general, special,
individual and victimological prevention of offenses is aimed mainly at
deterring individuals from committing offenses or at reducing a person’s
risk of becoming a victim of offenses. Therefore, we consider it expedient to
single out victimological prophylaxis not as a separate type of crime
prevention, but as its direction. This conclusion is confirmed by the
following conflicting questions:

1) carrying out explanatory work in educational institutions, labor

collectives, in makhallas on the issue of warning a person at risk of becoming
a victim of a particular crime - is this a preventive measure or a general
preventive measure?;

2) holding individual interviews of victimological content with single

elderly people living in a certain territory, in relation to whom criminal


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offenses were committed several times in succession - is it victimological
prevention or general prevention?;

3) carrying out special events, such as “Attention - a pedestrian!”,

“Bicycle”, “Month of road safety”, “Month of fire safety” - is this a preventive
measure or a special preventive measure?

In our opinion, the implementation of general crime prevention in the

areas of general criminological prophylaxis and general victimological
prophylaxis serves to increase the effectiveness of general preventive
measures, the correct and targeted use of forces and means, as well as the
effective achievement of the expected result.

In national legislation, measures for the general prevention of offenses

include:

development and implementation of state and other crime prevention

programs;

legal advocacy among the population;

the identification, elimination of the causes of offenses and the

conditions conducive to them, and making submissions on the elimination
of the causes of offenses and the conditions conducive to them.

Given the results of the reforms carried out by the Republic of

Uzbekistan in our country in the field of crime prevention, it is advisable to
further expand the system of measures for the general prevention of crime.
In particular, refer to them new preventive measures implemented in the
practical activities of the subjects of prevention:

holding on every Thursday of the week the “Day of Prevention of

Offenses”;

– implementation of systemic measures aimed at creating a culture of

intolerance to offenses, eradicating legal nihilism and popularizing law-
abiding behavior of citizens, including through the organization of “Open
Days” in strongholds of law enforcement bodies, law enforcement and other
government bodies and organizations;

– the organization of field receptions of citizens, meetings of

representatives of state bodies and organizations with the local population
for a comprehensive discussion of the state of legality and the effectiveness
of measures to prevent crime, especially in places with an unfavorable
criminal situation;

– holding court hearings on socially significant litigation;
– the implementation of a courtyard bypass, including with the aim of

studying the socio-economic living conditions of the population, identifying
and eliminating the circumstances that contribute to the commission of
offenses;

– hearing information from heads of state bodies and organizations on

measures taken to prevent crime and combat crime;


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– discussion on special television and radio broadcasts with the

participation of representatives of state bodies and organizations, the
public, the state of crime on the ground, the causes and conditions of
committing offenses, the results of work to solve crimes and bring to justice
those responsible;

the organization of publications in the media, including on the

Internet, the Internet, articles, comments and other materials on the
prevention of crime and the fight against crime;

discussion of the state of crime, the very day after its commission.

In conclusion, it should be noted that since the general prevention of

offenses has such advantages as the possibility of simultaneous preventive
effects on tens, hundreds, thousands and even millions of people, the use of
small forces and means, achieving time savings, an integrated approach to
preventive measures, the requirement to identify, eliminate the causes of
the offenses and the conditions conducive to them, it is this type of
prevention that is effective in comparison with other types of crime
prevention.

References:
1. The Law of the Republic of Uzbekistan “On the Prevention of Offenses”

of May 14, 2014 // Collection of legislative acts of the Republic of Uzbekistan. -
2014. - No. 20. - Art. 221.

2. Ismailov I., Saitqulov Q.A. Measures for victimological prevention of

offenses // The main directions of implementation of the Law of the
Republic of Uzbekistan "On crime prevention": Proceedings of the
Republican scientific-practical conference (March 12, 2015). - T.: Academy
of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2015.

3. Criminology. General part: Textbook for higher education institutions

of the Ministry of Internal Affairs / I.Ismailov, Q.R.Abdurasulova, I.Yu.Fazilov. -
T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan,
2015.

4. Fazilov I.Yu. Criminal and criminological aspects of the fight against

human trafficking: Yurid. fan. doc. ... dis. - T., 2016.

5. Fazilov I.Yu. Criminal and criminological problems of combating

human trafficking: Monograph. - T.: Academy of the Ministry of Internal
Affairs of the Republic of Uzbekistan, 2016.

6. Psychology of crime prevention: Textbook / Yo.A. Farfiev,

M.Z.Ziyodullaev et al. - T.: Academy of the Ministry of Internal Affairs of the
Republic of Uzbekistan, 2015.

Библиографические ссылки

The Law of the Republic of Uzbekistan "On the Prevention of Offenses" of May 14,2014 // Collection of legislative acts of the Republic of Uzbekistan. -2014.-No. 20.-Art. 221.

Ismailov I., Saitqulov Q.A. Measures for victimological prevention of offenses // The main directions of implementation of the Law of the Republic of Uzbekistan "On crime prevention": Proceedings of the Republican scientific-practical conference (March 12, 2015). - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2015.

Criminology. General part: Textbook for higher education institutions of the Ministry of Internal Affairs / I.Ismailov, Q.R.Abdurasulova, I.Yu.Fazilov. -T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2015.

Fazilov I.Yu. Criminal and criminological aspects of the fight against human trafficking: Yurid. fan. doc.... dis. - T., 2016.

Fazilov I.Yu. Criminal and criminological problems of combating human trafficking: Monograph. - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2016.

Psychology of crime prevention: Textbook / Yo.A. Farflev, M.Z.Ziyodullaev et al. - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2015.

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