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The concept of a dysfunctional family and its social danger
Abdulaziz RASULEV
1
, Alisher MURODOV
2
Tashkent State University of Law
ARTICLE INFO
ABSTRACT
Article history:
Received January 2021
Received in revised form
15 January 2021
Accepted 20 January 2021
Available online
01 February 2021
The article gives the concept of a family in a socially
dangerous position and its social danger, offers and
recommendations for the prevention of offenses committed in
the family and domestic sphere as well as their causes and
conditions, factors causing an unhealthy family climate.
2181-
1415/© 2021 in Science LLC.
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
family in a socially
dangerous situation,
antisocial behavior,
offender,
victim,
crime situation.
SUMMARY
In the national legislation of all countries of the world, special
importance is attached to ensuring human rights and freedoms,
in particular, the protection of human life, health, honor and
dignity from various criminal attacks. The Universal Declaration
of Human Rights recognizes that «Recognition of the inherent
dignity and of the equal and inalienable rights of all members of
the human family is the foundation of freedom, justice and peace
in the world». In many States, numerous cases of ill
-treatment
and violence against women, children and the elderly have been
observed in recent years within the framework of family and
domestic relations. In particular, every year 38% of women, up
to 1.5 billion children are exposed to various types of violence
and abuse in the family, while in Europe every fifth child is
subjected to sexual violence. Currently, the world pays special
attention to the creation of an effective system of early warning
of offenses in the field of family and domestic relations, the
1
DSc., professor, Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan , Tashkent, Uzbekistan.
E-mail:
2
PhD in Law, Deputy Head of the Department of Crime Prevention of the Academy of the Ministry of Internal Affairs
of the Republic of Uzbekistan, Tashkent, Uzbekistan.
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provision of social and legal assistance to those affected by it, and
the implementation of effective preventive work in this direction.
Нотинч оила тушунчаси ва унинг ижтимоий хавфи
АННОТАЦИЯ
Калит сўзлар:
ижтимоий жиҳатдан
хавфли аҳволда бўлган
оила,
ғайриижтимоий
хулқ
-
атвор,
ҳуқуқбузар
,
жабрланувчи шахс,
криминоген вазият.
Мақолада ижтимоий жиҳатдан хавфли аҳволда бўлган
оила тушунчаси ва унинг ижтимоий хавфи, оилада носоғлом
муҳитни келтириб чиқарувчи омиллар, уларнинг сабаб ва
шароитлари ҳамда оила турмуш доирасида содир
этиладиган
ҳуқуқбузарликларнинг
олдини
олишга
қаратилган таклиф ва тавсиялар билдирилган.
Понятие неблагополучной семьи и ее социальная
опасность
АННОТАЦИЯ
Ключевые
-
слова
:
семья,
находящийся в социально
опасном положение,
антисоциальное
поведение,
правонарушитель,
потерпевший,
криминогенная ситуация.
В статье даны понятие семьи, находящийся в социально
опасном
положении
и
её
социальная
опасность,
предложения и и рекомендации по предупреждение
правонарушений, совершаемых в семейно
-
бытовой сфере, а
также их причины и условий, факторы, порождающие
нездорового климата в семье.
In our country, in order to increase the legal consciousness and culture of the
population, improve the interaction of State bodies and civil society institutions, large-
scale reforms are being implemented to prevent offenses. The action strategy for the five
priority areas of development of the Republic of Uzbekistan for 2017-2021 provides for
such urgent tasks as «increasing the responsibility of parents in controlling the behavior
of children from disadvantaged families, unorganized youth, unemployed people who have
fallen under the influence of «mass culture», preven
ting poverty, alcohol consumption, and
others». Because the moral qualities, upbringing and other characteristics of each person
are formed in the family. Naturally, the influence of the social environment in the family on
criminal behavior in the formation of personality is of great importance and the role of the
family in its formation as an offender or in the formation of a full-fledged person.
In order to ensure the rights and freedoms of the individual in our country, reliable
protection from various threats and attacks, in particular, the efficient organization of
crime prevention within the family or domestic relations established the Republican
scientific and practical research center «Oila», the women's Committee of Uzbekistan, the
National centre for human rights of the Republic of Uzbekistan, local authorities and
special institutions with them, such as «conciliation Commission», «Union of
Youth of
Uzbekistan». However, despite the measures taken in this direction, 28.6% of
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premeditated murders, 24.5% of intentional bodily injuries, 12.0% of insults, 6.1% of
hooliganism occur precisely within the framework of family and domestic relations. When
studying the reasons for the commission of these crimes and the conditions that allow
them, it became known that an unhealthy socio-psychological situation in the family leads
to various conflicts and quarrels in the family, as well as, as a result, to the commission of
crimes that pose a danger to human life and health.
It should be noted that in order to increase the effectiveness of crime prevention in
the field of family and household life, first of all, the study and scientific analysis of the
causes and conditions of committing this type of crime, allowing them to continue, plays
an important role in the development of systematic comprehensive preventive measures
to prevent their commission. After all, «Making decisions about stability, peace and
tranquility in society, unconditional respect for human rights and freedoms is an important
condition for achieving the goals set for large-scale reforms aimed at further socio-
economic development of the country, improving the well-being of the population, and
building a democratic state based on the rule of law» [8].
A family in a socially dangerous situation is understood as a family that evades or
improperly fulfills its duties to provide, raise and educate minors by parents or persons
replacing them, or has a negative impact on their behavior or leads to ill-treatment [6].
The importance of the family in the spiritual formation of the individual lies in the
fact that the basis of the human personality is built in the family. A person receives in the
family exactly the first knowledge and ideas about the surrounding world, the norms of
morality about good and evil, an educational lesson. One of the main directions of
improving the spiritual environment in the family is education in the family. As noted by
the great thinker Abdullah Avloni in this respect: «Education is a matter of life, or death, or
salvation, or destruction, or happiness, or disaster for us» [1].
An unhealthy social environment in the family negatively affects not only the
behavior of children raised in the family, but also the behavior of family members that
contradicts ethics, and the process of social relations that arise between them. According
to the study, 40-45% of minors who have committed antisocial behavior live in unhealthy
families, where parents were involved in drunkenness, systematic quarrels and conflicts.
This suggests that people who live in an unhealthy family are almost different in behavior
than others. This, in turn, gives rise to the crime situation, when the family occur in a
variety of conflicts. The factors that cause family conflicts are related to each other, and the
factors that cause these conflicts manifest themselves in different forms [2].
When studying the causal conditions of crimes committed within the framework of
family relations, it became known that their origin is influenced by the following factors:
a) unhealthy moral and psychological environment in the family; b) weakness or
impotence of moral and moral education in the family; c) abnormal behavior of a member
(members)family; d) material insufficiency and difficulties in the family; e) alcohol
intoxication of a family member (s); f) unjustified jealousy, infidelity of a man or woman;
g) undesirable interference of others in the life of young families and early marriage.
The main part of the causes and conditions analyzed above are negative
relationships and an unhealthy social environment in the family. After all, the correction
of negative relations in the family from a criminological point of view consists of a system
of preventive measures aimed at preventing not only crimes in the family, but also all other
criminal acts by influencing the family [3].
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The formation of an unhealthy environment in the family is manifested in close
connection with the following factors: a) the impact of external negative factors on the
family environment; b) the lack of recognition of national traditions and values in the
family, moral and pedagogical weakness; c) the tendency of family members to use alcohol,
drugs or tobacco products; d) the presence of constant quarrels and conflicts between
family members, etc. [5].
The analysis shows that as a result of offenses committed within the framework of
family life, national traditions and values are not recognized, moral and pedagogical
weakness in the family, as well as an unhealthy spiritual atmosphere in the family have a
negative impact [7]. In order to avoid such unpleasant situations, first of all, it is necessary
to form a healthy spiritual environment in the family in order to achieve its complete and
perfect stability and strength in the family.
As the President of the Republic of Uzbekistan Sh. M. Mirziyoyev noted: «We should
never forget one truth: a child left without the attention of parents, society, brings only
anxiety to the family, instead of joy and benefit. Therefore, raising children and working
with young people should remain the most important and urgent task for us» [4]. To do
this, first of all, it is necessary to improve the moral spirit in the family, to educate minors
in the spirit of national traditions and customs, to increase the responsibility of parents in
this direction, to eliminate the factors that have a negative impact on the family
environment. Because of the unhealthy situation in the family, quarrels, abnormal social
relations between family members are the main source of the formation of moral
negativity of the individual.
For the purposes of prevention of offenses in the sphere of domestic life, it is
advisable to take the following preventive measures: first, to identify families in a socially
dangerous situation, living in the administrative districts that provide them with social,
legal and moral support, to organize educational work of persons likely to commit
offenses; second, to develop measures aimed at conducting social surveys among
individuals who are victims of violence within the family and domestic life, the purpose of
which is hidden, and eliminating the latency of these acts; third, to ensure the effective
organization of the activities of rehabilitation and adaptation centers for persons affected
by violence in connection with family conflicts; fourth, to introduce the practice of
preparing and regularly showing videos, videos, advertising and other works of art in the
media about the causes and conditions, social risks, negative consequences of offenses in
the sphere of family life, factors leading to family divorce, as well as their prevention;
fifthly, the involvement in the family of persons with rich life experience, in order to timely
identify persons who have committed illegal behavior within the framework of morality,
contrary to national values and customs, and take appropriate measures of educational
influence on them; sixth, conducting an in-depth study of the causes and conditions that
contribute to the commission of offenses in the sphere of life of each family, the
implementation of preventive measures aimed at their further study, analysis and
prevention is important.
References
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