CRIMINOLOGICAL CHARACTERISTICS OF A FOREIGNER WHO COMMITS MERCENARYAND VIOLENT CRIMES AS PART OF ORGANIZED CRIMINAL GROUPS IN UKRAINE

Abstract

The article is devoted to the study of a problem relevant in domestic and foreign criminological science ‒ the identity of the criminal. It, on the basis of a systematic analysis of theoretical scientific provisions, legislative norms and materials of investigative and judicial practice, reveals problematic issues of the identity of the criminal as an element of the criminological characteristics of self-interested and violent crimes committed by foreigners as part of organized criminal groups in Ukraine, determines the content of this element and its structure is substantiated. It has been proven that this characteristic of a foreigner who commits selfish and violent crimes as part of organized criminal groups is a certain set of traits and properties (born or acquired in the process of socialization) inherent in these individuals. In this regard, the author analyzed the structural components of such a criminal person, established socio-demographic (in most cases, these are male persons, citizens of the Russian Federation, Georgia, Azerbaijan, Moldova, Armenia, Uzbekistan, aged from 25 to 50 years, who do not experience a speech barrier (oriented in Ukrainian society)), social-role (with an average level of intelligence and a low level of education and culture, not married, not engaged in socially useful work (temporarily unemployed or unemployed)), criminal legal (previously convicted, and/ or internationally wanted, for committing criminal offenses against life and health, property, sexual freedom or integrity of a person) and individual moral and psychological characteristics (their value orientations are aimed at a self-interested consumer lifestyle, they tend to commit violent acts and implement aggressive stereotypes, with a premeditated intention, in the role of organizers (Russian), executors or accomplices (Chechens, Georgians and Azerbaijanis) in the commission of self-interested and violent crimes based on a prior conspiracy in the number of 3‒4 persons)), which are affected by the features of their criminal behavior, on the basis of which their typology was carried out. The following main types are defined according to the degree of stability of self-interested and violent orientation: 1) hidden-rational ‒ until the moment of committing the illegal act, they were characterized by positive behavior; 2) intermediate ‒ prone to offenses, but the focus on committing self-interested and violent crimes is not clearly expressed; 3) aggressive – dominant, demonstrative, aggressive behavior with the use of violence as the only way to satisfy selfish needs, as well as establishing authority in a criminal environment and a negative attitude towards the life and health of another person; 4) malicious ‒ a pronounced anti-social orientation, characterized by particular aggression towards citizens of Ukraine, foreigners who are legally in the country, or hostility towards the state itself.