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Forensic Research & Criminology International Journal

Review Article Volume 7 Issue 2

Reasons of crime in Russia

Nomokonov VA

Doctor of Law, Professor, the Far Eastern Federal University, Russia

Correspondence: Nomokonov Vitaly Anatolievich, doctor of Law, professor of a criminal Law and criminology’s chair at the Far Eastern Federal University (Vladivostok), director of the Center on studying of organized crime and corruption Vladivostok, Krasnoe Znamya str., 86 app. 45, 690014, Russia, Tel (4232) 26-11-27, (4232) 51-53-29, 45-73-08

Received: March 11, 2019 | Published: March 19, 2019

Citation: Nomokonov VA. Reasons of crime in Russia. Forensic Res Criminol Int J. 2019;7(2):68?74. DOI: 10.15406/frcij.2019.07.00266

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Abstract

Great research on revelation of regularities lying at a basis of contemporary sharpest situation involved with crime in Russia in whole and its several characteristics was done by Russian criminologists for creation of due prepositions and forming of adequate anti-criminal policy. At the same time as it’s seemed that present reaction of the state to criminal challenges isn’t nevertheless optimal. Existing really policy at sphere of struggle with crime don’t take practically into account either dynamic or structure or particularities of its determinations. Today criminological literature says that there is more and more strengthened position to the effect that crime is result not one different reason but complicated and multi-layer complex. Overall source of anti-social and criminal conduct is deformation of social relations. Since the point of view of the position the reasons of crime are both product of so-called social subsystems and system-wide result including global or partial degeneration of society in a whole. Defection is integrated index of condition, at first, of imbalance, sharp interests’ people contradiction, social groups, society and state. The called casual complex was created by, it seems, totality of deformations in economical, political, legal, social and mental spheres of social life. Passing on more specific and sociological level we may describe particularities of these deformations. By same way (from the point of view of social deformations) one may be shown a determination of casual complex of personal criminal condition namely as complex of micro-environment and person’s deformations expressing individual estrangement, conflict of personal interests with state and creates higher possibility of committing crime by the a person. One should precise that it isn’t conversation about social disadaptation on individual level only but radical reasons of various crimes includedefections of individual (social, psychical, moral or mental) and (or) its micro-environment. In present Russia the reason complex is totality of deformations. Instead of social solidarity and unity the Russian society reveals a serious gap upon official and alternative shadow society. Defection of the society is revealed by real existence shadow power inside itself, shadow “law”, shadow economy, shadow social forces and shadow ideology.

Keywords: criminology, crime, causes of crime, Russia

Introduction

Great research on revelation of regularities lying at a basis of contemporary sharpest situation involved with crime in Russia in whole and its several characteristics was done by Russian criminologists for creation of due prepositions and forming of adequate anti-criminal policy. At the same time as it’s seemed that present reaction of the state to criminal challenges isn’t nevertheless optimal. Existing really policy at sphere of struggle with crime don’t take practically into account either dynamic or structure or particularities of its determinations. Thus, liberalization of Russian criminal Law taking place under the flag of humanization has real contrast with increase in crime and worsening of its structure.1 But it doesn’t involve with a law-makers lobby’s orientation, corrupted enforcement branches only. It seems to me, system struggle with rime is hampered by total and systematic conception of reasons of crime’s absence and in present days and therefore there no any essential pithiness in conception of struggle with crime. Not derogating of indisputable of many specialists’ merit working on this theme one should remark that there exist essential unused reserves as well. Over solving of many actual problems one of main ones is in a shadow. One cannot say that criminologists ceased to interest with total conception of crime’ reasons forever. For example, in 2006 Russian mass media published two monographs about criminal reasons.2 But one of them is quite modest in volume: 50 pages of the text are devoted to analysis of total crime’s reasons and in another one its author described the problems (reasons of crime) on 25 pages only. It seems he willingly avoided similar references and critical analysis with respect of some works (with one exception) of his colleagues –criminologists and perhaps he passed the right to others. A new work of Eminov V.E. about reasons of crime extensively reproduces positions of his previous work.3 Existent some conceptions totally and conceptions of reasons of crime in present Russian criminology can be grouped on some directions namely by schools. Thus, with reference to Russia, Shestakov D.A. divides three main ones and one may agree in principle with. He conditionally named as dialectic and psychological first two. In the context of the dialectic (philosophy – V.N.) school (VN. Kudryavtsev, AI. Dolgova, PS. Dagel) an idea of social contradictions as the source of crime is being consecutively developed; mechanism of social determination of criminal conduct is sufficiently deeply explored. It seems that a creative resource isn’t far exhausted. For example, there is necessary to develop a constructive idea of causal complex of crime (and personal criminal conduct). One should remark that cause complex doesn’t regard to totality of reasons and conditions only. Here is a discourse about most determinant factors-reasons playing active role in a genesis of crime in contrast to conditions. Psychological school (UA Antonyan, EG Samovichev and others) pays deep attention to psychological sources of criminal conduct (dissatisfaction, depressed mood, increased level of anxiety, aggressiveness and etc).4 Paying due to depth of psychological penetration into social life for explanations of reasons of crime one should pay attention to some eclecticism of the conception when primary and derivative determinants are placed in abreast, for example, stratification of society and anxiety of population. Declaration of crimes as natural conditions including born and death, assertion people can’t live without crime and so on is vulnerable in the conception.5 Popular conception of Kuznetsova N.F. about anti-social consciousness, negative psychology as radical reason of crime is autonomous sort of psychological method in Russia.

1 See in detail, for example: Alekseev AI, Ovchisky VS, Pobegailo EF. Russian criminal policy: overcoming of crisis.

2 See in detail, for example: Kudryavtsev VN, Eminov E. Reasons of crime in Russia. M. 2006; Antonyan U.M. Why people commit crimes. Reasons of crime. M. 2006.

3See in detail: Eminov E. Reason of crime in Russia. M. 2011.

4See in detail: Antonyan U.M. Conception of crime’s reasons and reasons of crime in Russia. Russian investigator. 2004;8.

5In the same place.

Review

The author of the conception considers that reason of crime have always a social-psychological character. Being restricted, the method might be fraught by an idealistic explanation of crime. One should remark that nevertheless N.F. Kuznetsova doesn’t absolutize a role of criminal motivation and she correctly spoke about social antagonism and system crisis as about a source of crime in present Russia. Much more, she really wrote about rebirth social-class antagonism between new rich and ‘new poor in our country as about new source of present crime in Russia.6 It seems, as a matter of fact, these positions testify about actual ascription of called objective factors (sources) to reasons (first causes) of crime. And it doesn’t concern a terminological discussion namely the ascription of objective social contradictions to reasons of crime points to main directions prevention and struggle. First of all, the problem passes from social-pedagogical, educational and legal sphere into sphere of economical, political and social relations. Third school is named as school of doctrine of criminal subsystem by its creators (DA Shestakov, GN Gorshenkov, and others). It seems it can be named as sociological as well since almost all its representatives refer criminology to sociology of crime that is, finally, to sociological but legal science. As a basis, the last school has conception crime is characteristics of social subsystems set such well-known fields of criminology in Russia as family criminology, political criminology, economical criminology, criminology of Law and etc. The majority Russian criminologists, although they consider that criminology is independent science, nevertheless, underscore its synthetic character and indissoluble relations, symbiosis with sociological and criminal science even. In principle, almost all agree that examination of criminology as sociology of crime merely is exhaustion of its matter and mainly it’s separation from normative notions existing in criminal Law.

Boundaries of criminology are defined by ones of criminal Law to considerable degrees namely limits of criminalization (and penalization) and estimation of serious public actions. Honestly speaking, one should consider and opposite statements as correct namely criminological explorations, in addition, one should be on the basis of determination of boundaries of criminal actions as well since criminal Law and criminology have overall object of exploration that is regularities of crime and struggle with it. But nevertheless criminal Law (apart from criminal policy) doesn’t determination of crime. Within boundaries of criminology is exploration of an effects involved with crime naturally (casually), its various kinds and concrete crimes. However, hardly, one may agree with attempts of some colleagues to correct incorrect criminal Law. Sometimes it’s alleged that state Acts aren’t fair always (it’s difficult to discuss – V.N.) since a crime can be considered as an action doing power danger for a society irrelative of its underlined by me – V.N. Admission by Law.7 It’s difficult to agree with the opposition of similar notions in criminology and criminal Law. With the regards for a possible real opposition between public danger or usefulness perhaps of same actions and their criminal estimation one would be correct to use other law-terms imaging this opposition. If criminological explorations testimony about gap at a criminalization of danger public actions of specific kind it can be considered as a basis for some legislative initiatives only. Otherwise, I fear, we can confuse in differentiation of like notions both in criminal Law and criminology. It seems that alternative definition of crime being proposed by sociologists namely characteristic of society (regularity) to create a lot of crimes, as matter of fact, replaces a subject of exploration. The quality of society to create crime is criminogenic of the society i.e. crime of the one (criminal society). In my opinion, one should separate crime as social phenomenon summoning all real committed crimes criminals and their unions as well and criminogenic as one of characteristics of society creating future crime.The last quality of society, of course, should be specially explored and it can’t be identified with crime as real social phenomenon and just as reasons shouldn’t be identified with consequence. Just as at personal level we separate criminogenic of a person by his aspiration to crime and committed already crime. There is important methodological way proposed by a member of academic V.N. Kudryavtsev, as it is well known, was separation of three various levels of exploration of crime’s reasons namely philosophical, sociological and psychological. It would be more precise, perhaps, to name the marked subjects by not levels only but aspects in the context of specificity of various social sciences and by the way, it was mentioned by an author himself. Antonyan U.M. proposes to separate four levels of exploration namely society, various regions of a country, social groups and a person.8 It seems that higher level of exploration is fifth one that is the World (global) level. At the level criminological role of globalization was deeply and thoroughly explored by Luneev VV.9 Causal complex of crime represents a system of various levels beginning since the World (global) one and ending of personal criminal level. However, at the personal level there is its particular mechanism namely reasons of crime can’t be lead to reasons of separated crimes. Today criminological literature says that there is more and more strengthened position to the effect that crime is result not one different reason but complicated and multi-layer complex. Crime is result of system of interactions and precisely causal chains or even complexes10 remarks Dolgova A.I. However one should warn of danger to fall into contrary extremes namely into so-called factorial method, Conception of causal complex differs from notorious theory of factors by segregation of more active and main factors from total sum ones and they play producing, creating role in contrast to conditions. In my opinion, regularity i.e. steady and repeated relation of same phenomenons with crime is a criterion of crime’s reasons. However one should speak lawfully about economical, social, class, political and psychological reasons forming overall causal complex of crime. However, perhaps, hardly one should complicate the complex causal lump by separation, in part, differed causal complexes that is economical, political, social, moral, psychological, legal and etc.11 As a counterbalance for supporters of social-psychological conception, it seems, one would be more correct to differ at the causal complex of crime primary reasons (reasons of reasons, source and so on) and derived reasons (direct) than to pass artificially primary reasons to conditions of crime.12The method is vulnerable because of free or involuntary exaggeration of role of so-called immediate (psychological or social-psychological) reasons and, first of all, measures affecting objective sources of crime should be in the centre of preventive activity. Of course, it doesn’t abolish a necessity of special corrective, educational, informational, psychological influence upon public consciousness in an effort to neutralize or elimination of their criminogenic deformations. However, one should see that real positive or deformed public relations including people and their place at the system of the public relations pay not lesser but bigger motivated role. Not rarely the overall reasons of crime look very totally and as collection of same contradictions of social development only not concretizing of character and social role of the called contradictions. But, in my opinion, crime doesn’t produce any contradictions but ones playing social regressive role. In due time Karpetz I.I. remarked correctly. When we began to tie directly any contradictions with criminal conduct we take on the road of vulgarization since contradiction is basis for movement ahead. But some kinds of ones are a break.13It seems a role of some social contradictions (deformations of public relations) play social deformations. Dolgova A.I. remarks that: Crime is a result of high concentration and deepest distortions of social relations, various errors of management of social processes including ones in struggle with other negative social deviations.14 Considering that a content of public relations (as steady social intercommunications) creates same possibilities and rights for the subjects of the relations the deformed relations will imagine a respective imbalance in social status of the subjects i.e. defectiveness or permissiveness (arbitrariness). It due time, as is well known, Kudryavtsev V.N made an attempt to explore categories of the social deformations specially. According his view of point, they conclude in a deviation some social optimal norms (for concrete society of concrete historic conditions) of life-style.15 It seems that one may assume a method including of other coordinate system. There are deformations deviations but there exist deformations imperfections. Deformation can be a disturbance of balance of public relations when there are excessive possibilities and despotism of some relations’ subjects and there are limitations, defectiveness of others. In whole, as a result, society becomes unbalanced, lopsided and defected. In respect to the method reasons of crime include global or part of social defectiveness. Defectiveness, as it seems, is a specific integrated index of instability’s status and disputed relations and, accordingly, personal interests, social groups, society and state. Notably that it was justly said about necessity of balance personal interests, society and state in the National Security Conception of Russian Federation (ed. 2000).16

Social harmony

Having anti-criminal potential on its social vector steps forth as opposed to social deformations, Social harmony includes provision of such living conditions in society when both the society in whole and all its members have absolute and permanent possibility to develop progressively themselves and free development of everyone is condition of development for all. Some radical normal deviation of development leads to violation of harmony and appearance of disharmony. Harmonious sort of development purports full and timely interosculation of harmonious oppositions i.e. when no one isn’t permanent leading and progressive or permanent controlled breaking progress that is both sides of the opposition, as a result and finally, help up the progress but by different measures exchanging by places themselves.17 Many in Russia remember an idiom beauty will rescue the World. It is both well know and obscure. What is beauty here for? Luneev V.V. writes that: There is no doubt that beauty is creative and it endows to rescue of the World. But nevertheless it can be rescued by fear of the self-distraction but beauty.18 I'd propose to refrain from rigidity in the matter. If beauty is understand not as aesthetic rigidity (it’s correct, of course) but wider in philosophy matter as imagination about somewhat perfect (ideal) then said will have deeper meaning. I’ll take the risk to correct the classic namely the World will be rescued by harmony but beauty. Harmony is a term more used in music. Harmony in sphere of music in contrast of cacophony touches invisible strings of listener’s soul immersing one into inexpressible bliss world filled by power and joy being. But it’s just music. What about our sinful world filled by malice, aggression, gain and detestation? Can be social harmony to be possible and reachable here? That is it’s condition of society when freedom for someone doesn’t transform to despotism to others, participation doesn’t transform to rough obtrusion of alien malicious will, consent doesn’t lead to total indifference, interests of someone don’t encroach on interests of others and etc. Very often, speaking about freedom, as a matter of fact, they say about people anarchical arbitrariness, saying about a state responsibility for fortune of its citizens they, as matter of fact, forcing them to fixed conduct, saying about solidarity they implicitly permit submission of majority by interests of selected small group at the same time. Fromm E. called a social harmony’s society wholesome society.By last one he referred a society conforming to people needs. It’s a society where none is mean for another. It’s a society where such qualities as greed, inclination to exploitation can’t be used for attainment of material benefit and growth of personal prestige. On the contrary, unhealthy, defective society gives birth to mutual hostility, distrust, changes people to object of manipulation and exploitation. But if people lives in the conditions and they conflict with his nature, basic aspirations of development and soul health then him should respond to them; he should degrade and perish or to create conditions more coordinating with his needs.19 On the basis of revelation harmonicity society’s criterions (freedom, justice and humanism) before we are done attempts to differ the criminogenic social deformations on three radical groups: Limitation of freedom, Social injustice and Dehumanization/Estrangement.20 Notably, at his first message (2008) to the Federal Assembly Medvedev DA. called justice and freedom among basis values of present Russian society. In addition he estimated higher united (it was divided by me – V.N.) actions of large-scale movements of a country in respect of well known events in Caucasus.21 In any case, exploration of the matter leads to a conclusion to be relating to three namely freedom, justify and social solidarity to called before basis values. Bigger or smaller level of measures and development of the called parameters in same country predetermines, it seems, as a result, suitable parameters of status and structure of crime. In harmonic society crime don’t reach a danger of national safety leads to minimum. In defective state where degradation processes prevail over progressive processes of development crime becomes independence wide-scale problem and fears to destroy a state. At any case in any state it’s necessary to have a minimal balance of interests for self-preservation and steady balance. Violation of the balance leads to rise of social pathology, crime and other social shocks. Therefore defected social relations are ones when freedom of someone is hypertrophied due to press of will, infringement of interests and limitation of freedom of other participants of the relations when certain subjects satisfy their needs by price of material and social well-being, health and life of others even. By other words, there are relations of injustice, inequality, social disorganization, exploitation and oppression. It’s social difference, legal inequality and any sharp imbalance of interests. Crime as payment for freedom and freedom is criminogenic is widely prevalent statement at Russian criminology.22 However, it would be more precise to imagine crime as result but as many freedom as despotism and, first of all, crying social injustice and as payment for injustice. Steadiness of any society is determined by achievement of optimal ratio, balance of social interests, degree of realization of social justice as requital for equal, conformity of act and requital, merits and awards. Solidarity, unity of society arises on basis of balance interests’ observance i.e. Justice. Injustice destroys social foundations and produces of crimes. One should repeat that overall source of anti-social and criminal conduct is deformation of social relations.Since the point of view of the position the reasons of crime are both product of so-called social subsystems and system-wide result including global or partial degeneration of society in a whole. Moreover, the degeneration doesn’t include economical trouble only. It’s well-known that many economically developed countries have high crime level. Defection is integrated index of condition, at first, of imbalance, sharp interests’ people contradiction, social groups, society and state. The demonstrated interpretation determines a view at contents and structure of complex crime casual. I understand it as complex of social relations’ deep deformations breaking of economical, social and mental progress society, limited freedom of subjects of social life and expressed social injustice, leading to estrangement of people from value and legal state system, demoralization and provoking to violations of criminal Law. Thus, the called casual complex was created by, it seems, totality of deformations in economical, political, legal, social and mental spheres of social life. Passing on more specific and sociological level we may describe particularities of these deformations. It’s not difficult to see that critical emergency involved with crime in our country is naturally predetermined by most just monstrous deformations preceded destroy of the USSR and especially appeared in post-soviet period. Therefore present attempts radically struggle with crime and decriminalize society shouldn’t be limited by legislative and executive activities. It’s a main target for state having system decision for social treatment and harmonization of social relations.By same way (from the point of view of social deformations) one may be shown a determination of casual complex of personal criminal condition namely as complex of micro-environment and person’s deformations expressing individual estrangement, conflict of personal interests with state and creates higher possibility of committing crime by the a person. One should precise that it isn’t conversation about social disadaptation on individual level only but radical reasons of various crimes include defections of individual (social, psychical, moral or mental) and (or) its micro-environment. Last position can call objections, of course. Criminologists often underline position about difference between criminal and non-offender as moral and legal aspect. One may remind that idea about social danger of criminal personality was very difficultly established in Soviet and Russian criminology. But disposition to crime does not arise outside only but it has its personal roots, as it’s well-known. Of course, depth, character and degree of the defection of various criminals are different and depend on particularities of persons and committing (preparing) crime. On a background of total absence of immateriality it can have moral character by economical criminal and looks like as material needs of some people committing thefts. It can imagine as family trouble of teen or as moral anomaly for sexual maniac or pedophile and etc. On the contrary of personal deformation is high quality of his lifestyle, harmonized relations with outward things and fullness being.23 Basis of individual criminal conduct’s prevention includes it however nothing happens very often in reality. However down quality of life, social defection is peculiar to wide layers of population. It’s good that not all compensate their problems by criminal way. Many solve personal problems by beginning to hard drink or use drugs, gaming and so on and it, in part, may lead to crime. Besides due activation of law-enforcement activity, decriminalization of social relations supposes fundamental solution of sharp social, economical and ideological problems criminologists don’t have reasons to name reality as our criminal society or take the present to time of victory’s criminal environment.24

Globalization and crime

At last time criminologists pay more and more attention to analysis criminal influence of the World processes to status and rate of crime in a country. The problem became really actual one because of increase of new World financial crisis. For a long time independent of the crisis specialists paid attention to negative results involved with total process of economical globalization in a whole. At first, it’s strengthening of stratification on super rich countries and poorest ones (globalization is directed by its vector for enriching of riches); Secondly, mutual vulnerability of national financial systems strengthens itself when richer countries run out present crisis situations due to others; thirdly, states lose their sovereignties in favor of transnational corporations more and more therefore these states begin to destroy. Therefore, for example, there is gap between well-being of developed countries (20%) and backward ones (80%) and it rises headily and by at the beginning of 90-s it was increased 150 times as much. One 1% of (richest) population has its profits equal to profits of 57% poorest population.25 In the Russian Federation’s National Security Strategy up to 2010 it was remarked that there are increased contradictions between states involved with unevenness of development as a result of globalization’s process and deepening of gap between countries’ well-being.26 Globalization of economy led to situation when state and policy surrendered their positions everywhere in the World. Stream goods and capitals envelop the World at large but regulation and control are under national competence. As a result economy eats policy up.27 There is, for example, an unexampled possibility to got money growing on trees by playing at global financial markets and it is realized in full measure. Not less 4 private businesses specialize on these speculative operations.They have from 400 up to 500 billion $ and at any time they can be thrown to a place of financial environment where there will be gotten easy result. At peace it is numbered more 2 thousand transnational corporations acting in 6 and more countries. Among them 500 biggest ones have output aggregate equal 22 trillion $. (61 % of world gross product).28 As a result the world process of globalization became a objective economical basis, on the one hand, suitable to globalization of crime, widening of transnational organized crime’s scales,29 and, on the other hand, there is aggravation of economical and criminal situation in many countries of the World and, first of all, in upcoming and post-communist ones. One should say that today whole World is pulled into dimensioned financial and economical crisis mainly because of speculative financial system is being separated from real economy gradually. As a result, it’s forecasted increase of crime in countries of Europe, the Union of independence states and the USA.30 Said has attitude to Russia in full measure. Dolgova A.I. remarks that Drama of Russia lies in its integration into the world economical system and it was more important for gross transnational capital than for Russia. Interest of developed countries of market economy and transnational organizations expressing interest of gross capital essentially determined motion of significant criminological events in reform period in Russia.31Many domestic criminologists are practically solid in estimations of initial criminogenic of society of market economy i.e. capitalist society for one was founded on private property and unavoidable appropriation of result of labor of others by a capitalist as exploiter in Law, idea of individualism, social differentiation, rush for wealth and etc.32 However one may see that capitalistic countries highly differ in level, structure and dynamic of crime. It is generally known in Japan criminal situation looks very good in spite of negative tendencies of last years. Japan is in economical well-being and down level of unemployment, in stable of family institute, social-culture and social-psychological unity of society, in labor’s efficient regulated sphere, diligence, sense of solidarity and mutual interests in society and etc.33 As it well-known, the Soviet society had sufficient high level of people solidarity as well. Alas, the solidarity was quite often reached by price of forced solidarity, cruel pressure of people’s rights and freedom. Unfortunately present Russian society lightly approached to social harmony. If at the due time our country survived a period of total trample of people rights by totalitarian regime then today we see opposite picture when small group of individuals succeed in realization of their rights (it’s more precise in abuse of one’s), in guard of their business against a state and captured if it not destroy state itself.

Deformations of state system as political reasons of crime

Up to now criminologists not very actively attempt to explore a relation of deformations in political sphere of society (particularly present one) and crime. But they often (political deformations – V.N.) determine economical and social relations, their negative sides influencing to crime and in a number of cases they are prior.34 It’s easy to see that critical criminal situation in our country was predetermined by monstrous deformations before destroy of the USSR and originated in post-soviet period in particular. And these deformations not only touched economical sphere but they became apparent in direct degradation of political power in the country namely both destroy of the USSR as all-union state after familiar sovereignty parade and sharp weakening power vertical line in Russia already. It is, also, sharp strengthening of separate tendencies stimulated by a slogan to take as much sovereignty as one may gulp let to Caucasus war. It’s, also, sharp confrontation of all power branches finished by shameful bloody battle in the center of Moscow (1993). Deformation of Russian state’s political sphere is expressed not only in sharp weakening of state. Establishment of criminal oligarchic regime became main deformation strengthened under the guise of liberalism in post-soviet Russia. As a result the state was degenerated and real political power was really got by small and solid group of oligarchs.35 Once Vladimir Putin said: main part of economy was controlled by oligarchic and real criminal structures, there existed a practice making state resolves under pressure of basic material and financial monopolies, both national interests and simple needs of people’ billions was cynically ignored36 Economical and social policy began to reply to interests of narrow layer of riches more and more and not the majority of commonwealth.Most serious deformation of state is direct criminalization of authority as well. It became apparent in total corruption, in penetration of criminal organizations’ representatives into power structures and real replacement of some state functions by organized crime as shadow political power and forming of so-called shadow Law constituted unofficial regulator of social relations on basis of notions. It was intensified by clear discrepancy of forming Law where there were attempts to influence on principal new criminal realities with help of liberal speculative constructions. Specialists remark main role of a system balanced calculation of legislation’s social factors (including real needs and interests of Russian citizens). Otherwise the legislation’s deformations of mechanism arise. Most bright characteristics of the called deformations are heptahedral role of political ideology moreover but national namely group character that is blind coping of foreign patterns and standards and etc.37 The substantial criminal potential put in bureaucratization, closeness and absence of power structures control, disappearance of democracy institutes, absence or passivity of civil society’s elements. National, ethnic and religious conflicts of political characters involved with struggle for power over same territory pay their independent criminal role. Totality of listed deformations in political sphere of Russia entailed increase of mutual distrust, estrangement of state and its people and, as result, it influences on increase in crime including corruption one. Advancing of an individual to the centre of state policy, of course, in respects it was justified in our country and out-of-balanced, in my opinion. If state suppressed individual yesterday, his rights and freedom then today one shouldn’t admit unfair person to ignore total state interests, hides his profits, appropriates alien properties and sends his money overseas. Citizen and state should be in balanced relations on basis of respect of mutual rights and responsibilities, humanism and justice without infringement of human rights and without despotism of an official or private person. We force to pay attention on deformations of legal policy including struggle with crime. It’s spoken about it many times but once more one may remark obvious discrepancy of present measures of struggle to measures and degree of present criminal threats. For example, in my opinion, there is sudden and mistaken liquidation of the specialized offices on struggle with organized crime in September 2008.38 And it happened at the same when time the National plan on counteraction to corruption was proclaimed. But specialists know well that main bribe-taker is just organized crime in our country. But in whole Russian state became privatized one and such state has functions one should be eliminated from market (for example, functions of court and Army) and they lose character of public benefit and become to object of purchase and selling39

6See in detail: Criminology: school book/edition. NF. Kuznetsova. 2007;12(71):76‒77.

7Criminology – XX century. Saint‒Peterb. 2000. P.8; Shestakov DA. Criminology. Concise course. Saint‒Peterb. 2001. P.80.; Shestakov D.A. Fiction of crime’s creation by Law. Criminological determination of crime// Criminology yesterday, today, tomorrow. 2011; 2:59‒65.

8At the same place.

9See in detail: Luneev V.V. Epoch of globalization and crime. M. 2007.

10Principles of studying of territorial differences of crime and their reasons. M. 1989 P.10. (See as well: Beloglazova VA. Casual complex of crime: dissertation of candidate of legal science, Sverdlovsk, 1989; Kudryavtsev VN, Eminov VE. Reasons of crime in Russia. M. 2006; Voronin YU. A. Preface to criminology. M. 2008).

11See: Kudryavtsev VN, Eminov VE. Cited works.

12See, for instance: Criminology, school book/ ed. by N.F. Kuznetsova. M. 2007:71‒78 and others.

13Questions of struggle with crime. 1987;45:7.

14Dolgova AI. Some questions of reconstruction in criminology. XXVII meeting of the Communist Party of the USSR and strengthening legality, law and order. M. 1987. P. 28; see as well: Ovchinsky AS, Chebotareva SO. Matrix of crime. M. 2006:72.

15See: Kudryavtsev VN. Social deformations. M. 1992:12.

16It’s invalid in the present time.

17See: Anikeeva N.M. Harmony as a notion of social thinking: Abstract…candidate of philosophy science, 1986;7(15):18; See too: Mesheryakov VG. Harmony and harmonious development. L. 1976. P. 63 and others.

18Luneev VV. XX century’s crime M. 2005. P. 867.

19See: Fromm E. Healthy society. Dogma about Christ M. 2005;26(28):112‒268.

20See in details: Nomokonov VA. Criminal conduct: mechanism of determination, reasons, and responsibility. Abstract. M. 1991.

21See: The message of the Russian President to the Federal Assembly// Russian Gazeta. 2008.

22See, for instance: Luneev VV. Cite. Work. P. 860.

23See: Fromm E. Health society. Dogma about Christ. M., 2005;234.

24«Our criminal society» it’s name of a well‒known book of the American criminologist E. Shura. At one of works Dolgova A.I. remarks that years survived by us in Russia became «time of victory’s criminal environment» in a whole World (See: Dolgova A.I. Crime, its organization and criminal society». M. 2003;3.

25See: Moiseev N.N. Fate of civilization. Track of sentences. M. 1998; Luneev V.V. Epoch of globalization and crime. M. 2007; 25.

26See: The Russian Federation's t National Security Strategy up to 2020// Russian Gazeta. 2009.

27See: Martin G.P., Shumann Kh. Western globalization. M. 2000; 277‒278.

28See: Globalization: process and understanding. M. 2002; 19.

29See in details: Luneev VV. Epoch of globalization and crime. M. 2007.

30See: Zorkin V. Law is for people. Russian Gazeta. 2008.

31Dolgova A.I. Crime, its organization and criminal society. M. 2003;433.

32See: Kurashvili BP. Country at the crossroads. M. 1990;82.

33See: Can Yeda. Crime and criminology in present Japan. M. 1989.

34Kudryavtsev VN. Eminov V.E. Reasons of crime in Russia. P. 66.

35See, for instance: Piskotin M.I. Russia in XX century: unfinished tragedy. M. 2001;21; Kodin M.I. Russia in «shadow» of transformations. M. 2001, P. 73; Train D. Russia for Putin: from dawn to kickback. Saint‒ Pet. 2008;435.

36Putin VV. To live humanly. Russian Gazeta. 2008.

37See: Lukyanov EG. Some problems of legislation in the present Russia. Jurisprudence. 2007;6:164‒165.

38See in details: Ovchinsky. What was there struggle for? Ogonek. 2008.

39See: Klyamkin I. Timofeev L. Shadow Russia. M. 12.

Economical reasons of crime

Matter of crime’s economical reasons is solved at the Russian criminology in a complicated manner. On the one hand, up to now one may meet positions involved with imbalance of economic mechanism, defects of system of distribution and etc. On the other hand sometimes it’s affirmed that any economical relations generate crime. It seems, however, that economical basis of crime will be appreciably broken when market mechanism join social regulators harmoniously and are accompanied by fair social policy for suitable market economy is founded on selfish private interest and it should be limited by suitable state containment. Deformation of properties’ relations was deep defect of the USSR’s economical system when public property became no man’s as a matter of fact and aloof from producer. As a result a society was deprived economical freedom. So-called command and administrative system and its economical compulsion to labor gradually led economy to stagnation, generated total shortage and shadow economy conscripted to compensate the shortage. The scales of shadow economy immeasurably increased in post-soviet years and its presence became main economical reason of crime and in particular economical, organized and corruption one.40 According to various estimations the scales of shadow economy in Russia consist from 30 to 50% of inner produce and at the same time market trade (50-55 % commodity circulation), foreign-economical activity (55-60%), prey of water biological resources (up 75%) are most involved.41 One may claim with certainty that portion of the shadow economy of economical state sphere directly determines of economical crime’s level. Specialists say about appearance a phenomenon in a country named as corrupted economy.42 So-called privatization became the independent economical reason of crime in present Russia having just criminal character by its directions and rates. As Dolgova A.I. remarks, the model of passage to market in Russia had main real motive forces namely three categories of people. The first one is economical criminals and owners of shadow capitals mainly criminal ones because huge criminal profits are gotten from the criminal sector of shadow economy. Seconds are leaders of general criminal sphere and their capitals. And thirds are nomenclature (officials) and their children who got used to live not to be limited by Law and get additional privileges, many of them lived overseas, have so-called dollar thought and tendency to that life-style. And these three kinds factually determined the passage to market.43 More 70 % of basic fund of country, according to their market cost 400 billion $ were sold at the price 80 times less. Piskotin M.I. considered the results of privatization as most serious crime committed by state authority contrary to valuable interests of its county and its people.44Undoubtedly, the hurried privatization of huge massive of state properties for very cheaply and use of power to give possibilities of easy and hurry getting benefits to layer people for owing to state and society became one of radical reasons of huge increasing of crime and corruption. As a result of the privatization, according to estimates of the World-wide Bank, it was organized excessive concentration of property, for instance, 20 owners control 62% sale and 30% employment. While in developed countries part of employee’ remuneration of labor is 60-70% on average and in Russian this characteristic doesn’t exceed 25%. As many specialists consider a defect’s source of raw materials in Russian economy is independent economical reason of crime’s existing rate. It was revealed following rule namely the part’s source of raw materials more the corruption more and vice versa. Orientation of economy to sources of raw materials leads to small salaries and increasing of corruption.45 In many respects, domestic oligarchs became the same essentially due of free and unpunished exploitation of nature.There is high role of such factors as structure deformation of Russian economy, decline of investment activity, escape capital overseas, strengthening import dependence of economy and etc. Thus, according to experts’ estimations by 2004 it was out-flowed more 400 billions $ from post-soviet Russia. At the same time by the beginning 2003 it was registered more 100000 off-shore companies having Russian capitals.46 Evidently, mass impoverishment of Russians’ millions was synchronized with huge out-flow of capital overseas. Direct criminalization of economy remains a serious problem. Special explorations demonstrate that not less 40% state and municipal funds are just embezzled. As a result, one of explorations was revealed that so-called kick-backs consist of: housing and communal service–from 35 to 50%; repairs of roads–50%; building of roads–35%; capital construction–40%; procurements of food and drugs20%; civil services and land improvement–50%.47 As a result in Russia was established a stable system of high-criminalized economical relations instead of civilized regulated market.

Deformation of social sphere and crime

Alas, in Soviet years the sources of social antagonism were established by existing of unpublished layer namely nomenclature as ruling, privileged and per se exploiter class.48 Kuznetsova N.F. referred a rebirth of social-class antagonism between new riches (as a rule they are criminal origin) and new poor to main sources of crime in present Russia.49 Perhaps the deep stratification in our country has few analogies in the World. Establishment of market economy in Russia was accompanied huge increasing of inequality namely it was 8 times quickly than in Hungary, 5 times than in Czechia. According to the High School of Economy’s estimates during 20years of reforms richest Russians became richer and poorest did poorer 5 times. For last 20years it was grown about 100 billionaires $ in Russia and it’s more that in Europe in whole. Their wealth approaches to overall profits of all population of country. On the characteristics Russia is in tree of World leaders but on so-called development of human potential index it is in 70th place. Main means of productions are owned by 1% of population. And in this respect we see essential specificity in Russia that is if in developed countries the well-off people exceed poor ones 3 times but in Russia more poor people in summer, 2008–59%.50 The radical deformation of the social sphere’s Russian society is substantially increased by a lot of other social defects. It’s a meaningful unbalance in territorial development, increasing of jobless rate, marginalization, alcoholization and narcotization. According to consumption of alcohol per head Russia is a world leader as is well-known. Also, it is well known a direct link between levels’ dynamic of alcohol consumption and crime including forcing one in particular. As for unemployment and as American sociologists claim its increase per 1% leads to increasing crime up to 60%.51 One should add a destroy of family institute and wide-scale family trouble. In Russia now it’s more 700 thousands of child-orphans what is more than after ending of the Great Patriotic War, more one million unsupervised children and about 60 thousand of parents are annually deprived parental rights. More 300 thousand of difficult teens are registered in police records. 580 thousand teens were registered in drugs hospitals. For last 5 years number of 15-17year old alcoholics increased 2 times more. They jointed adult army of people suffered from alcohol dependence and they are counted 2 million 500 thousand people.52 Scaled drawing population in criminal sphere is one more sufficient deformation of social sphere, self-production of crime and criminal life-style. The process of self-production is particularly typical for organized and professional crime. The authors of the Conception of Russia’s development up to 2010 sadly stated that a state is absolutely alien and hostile to main social groups of population.53

Deformations of mental sphere as ideological (social–psychological) reasons of crime

In spite of attractive social ideas, soviet society wasn’t clear known defects. There existed tough censorship, acted a scaled system of disinformation of population and it wasn’t decided manifestation of dissidence. Alas, in present Russia spiritual atmosphere is more stifling. Many experts remark such widespread tendencies as social pessimism, increasing distrust to authorities, anxiety and uncertainty in tomorrow, jealously and aggressiveness, deep vacuum of legal values (legal nihilism). Psychology of collectivism and solidarity is more and more ejected by psychology of individualism and aloofness. It isn’t casual, as one of people poll demonstrated that almost an half (45%) asked would be positively perceived arrests of their regions’ leaders.54 State practically self-keeps from goal of forming of spiritual culture, upbringing of morals, substantial feeling of Law and order. It is sharply languished State support and financing of education, science and culture’s system. Formed vacuum began to full by doubtful moral of consumption’s society and soul of general corruptibility on the background of a state distinct ideology’s absence supported by people. On basis of the deformation is recognition of money, capital, property as main values and it leads to transformation of everything into goods and small coins, to estrangement personality from society and state and vice versa. Today commercialization of mass media and mass culture endow for moral and spiritual corruption of people. Black or poor-quality information, false articles, romanization of criminal ideology, cultivation of profit’s spirit, looking into a keyhole became ordinary and widespread phenomenon. As a typical example I want to cite headlines one of recent issues Komsomolskaya Pravda. Most likely its first page demonstrates the issue’s theme Michail Efremov in love with Mary Golubkina. And there are next headlines: Kirkorov booked golden furniture worth one million euro, Leontiev leased his villa in Spain; Lolita said that she won’t stop to smoke and use bad expressions; how much do superstars from child? One can increase similar examples.

40See: Sukharev AAY. Criminalization of economy and corruption is threat of country security. Economical crime and corruption. M. 2003;6.

41See in details: Shadow economy, M. 1991;40. Gladkikh VI, Uyrmashev PS. About some questions of economical security of the Russian Federation: notion, structure, counteraction. Russian criminological look. 2007;1:161. Gamza VA. What is the Russian shadow economy and what struggle with it. State policy of counteraction to corruption and shadow economy. M. 2007;169.

42See: Khabibulin AG. Corruption as the national security threat. Journal of Russian Law. 2007;2:48.

43See about it: Scientific seminar «National society, social aspect» Dolgova AI. Criminological estimates of organized crime and corruption, legal battles and national security. M. 2011.

44Piskotin MI. Cite. Works. P. 277.

45Leskov S Animein on corruption theme. Izvestiya. 2005.

46See: Economical security of Russia. M. 2005; 528.

47See: Zvyagin AA. Factors of corruption increase and shadow economy, intercommunication corruption and shadow economy. State policy of counteraction corruption and shadow economy. M. 2007; 236.

48See in details: Voslenski Nomenklatura. London, 1984.

49See: Criminology. School‒book/Under ed. Nf. Kuznetsova. M. 2007. P 77.

50See: Kuvshinova O. Two Russia. Vedomosti. 2011; Veletminsky I, Gladunov O. Doubling of billionaires. Russian Gazeta. 2006. Leskov S. Love to crimson coats. Izvestia. 2007. Dobrinina E. It’s not enough well‒to‒do. Russian Gazeta. 2008.

51Cite according to: Voronin YU. A. Preface to criminology. M. 2008. P. 70.

52See: Solovetsky V. Country with ill and the mentally retarded future // Free Press. 2011. Fridinsky S. Criminal age //Russian Gazeta. 2005. Ilin A. It’s readiness to job // Russian Gazeta. 2008. Falaleev M. Nurgaliev looked into family. Russian Gazeta. 2008. March, 26.

53See: The Conception of Russia strategy development up to 2010. M. P. 16.

54See: Aslakhanov A.A. Corruption in Russia, Tracks of struggle// State policy of counteraction of corruption and shadow economy. M. 2007;37.

Conclusion

Thus, in present Russia the reason complex is totality of deformations flaring as kingdom of distorting mirrors. Dolgova A.I. clearly writes that instead of social solidarity and unity the Russian society reveals a serious gap upon official and alternative shadow society.55 Defection of the society is revealed by real existence shadow power inside itself, shadow Law, shadow economy, shadow social forces and shadow ideology. Thereupon a problem of decriminalization of society and effective struggle with crime can be solved by establishment of population’s high level and quality of life, steady and balanced social and economical development, harmonization of social relations and social consolidation.

55See: Dolgova A.I. Crime, its organization and criminal society. M. 2003.

Acknowledgements

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Conflict of interest

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