CONCEPTS OF CRIME IN THE FIELD OF SERVICE ACTIVITIES PERFORMED BY PENITENTIARY SYSTEM PERSONNEL

Author (s): Zvenyhorodskyi O. M., Abramenko P.V.

Work place:

Zvenyhorodskyi O. M.,

Ph.D. in Law,

Associate Professor of the Department of Criminal, Criminal and Executive Law and Criminology

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0003-1386-4919

Abramenko P.V.

master student,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Scientific Herald of Sivershchyna. Series: Law 2020 No 1(9): 92-103

https://doi.org/10.32755/sjlaw.2020.01.092

Summary

In the article the main types of crimes in the sphere of service activities are analyzed, which are committed by personnel of the penitentiary system of Ukraine. It is stated that the number of crimes performed by penitentiary personnel in the sphere of service activity is more than 50% of crimes committed by them in other spheres. Based on the expert survey of personnel of the State Criminal and Executive Service of Ukraine, there were found the factors that encourage personnel of the penitentiary system to commit crimes in the sphere of service activity, in particular, 70% of respondents believe that the receipt of undue benefits is committed by an official person because of low level of financial security, 25% overconfidence, and 5% due to low levels of education and responsibility. Based on the analysis of scientific concepts of “offenses in the field of service activity” and the content of the service offenses composition, which are most often committed by personnel of the penitentiary system, the author defines the concept of “crimes in the sphere of service activity committed by personnel of the penitentiary system” – these are socially dangerous and illegal acts of personnel of the penitentiary systems who encroach on the established order of implementation of officials` powers within their rights and duties signed to them, which cause moral and material harm to the rights, freedoms or law enforcement (legal) interests of natural and legal persons, also as state or public interests that adversely affect the authority of the government, law enforcement agencies, and SCES of Ukraine as a whole, on behalf of the interests of which the officers act in bodies and establishments of execution of punishments and detention centers.

Key words: offenses in the field of service activities; State Criminal and Executive Service of Ukraine; penitentiary system; personnel of the penitentiary system; determinants of committing crimes in the field of service activities by penitentiary personnel.

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