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Shorena Chaladze
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Литература

  1. Атаманчук Г.В. Теория государственного управления. М., 1997.
  2. Бахрах Д.Н. Административное право. М., 2008.
  3. Бребан Г. Французское административное право. М., 1988.
  4. Васильев Р.Ф. Акты управления. М.: МГУ, 1987.
  5. Гавриленко Д.А. Государственная дисциплина : сущность, функции, квалификация. М., 1991.
  6. Лазарев В.В. Государственное управление на этапе перестройки. М., 1988.
  7. Лория В. Административное право. Тбилиси, 2005.
  8. Порфирьев Б.Н. Государственное управление в чрезвычайных ситуациях. М.: Наука, 1991
  9. Сальников В.П. Административное право. СПБ, 2000.
  10. Хазалия А., Кавтарадзе Э. Система государственного управления и государственное планирование. Тбилиси, 2003.
  11. Хазалия А. Административное право. Тбилиси, 2005.



Avtandil Khazalia

Functions of State and State Ruling

Summary


The state system is reflected in economics, social, political relations, in spiritual life of society.

Methods used by the state depend on its Functions.

It must be differed functions of State from the Functions of its organs (for example, Functions of Court differ from the Functions of government).

In specific (al) literature it is studied main Functions of state as well as common ones. (Ecological, environmental problems).

Main problems are longstanding but ones of less importance are not. The division and classification of functions is not solid.

IN scientifically literature it is shown four main functions of state: economical, social, political and ideological.

The article stud red these problems.

Economical functions mean regulation of economical system of state.

Political functions _ political interrelations.

Social function differs in democratic and totalitarian states. The same we can say about ideological functions.

Functions of ecological security, environmental problems, state defense, state about etc. are studied as well.


Shorena Chaladze


Some Questions of Victimological Prophylaxis of Crimes


As any direction of activity, victimological prophylaxis of crimes implies definition of its system, in which it is necessary to include the following elements:

1.The object of victimological prophylaxis in its broad and narrow senses. In a broad sense, the object of victimological prophylaxis is criminal victimity itself and its types. Separate victimogenic groups of population , persons who can become the victims of crimes by virtue of their social status, way of life and behaviour, victimogenic situations and victimogenic factors promoting crime performance with regard to individuals and forming victimogenical behaviour represent the object of victimological prophylaxis in a narrow sense.

2. The subjects of victimological prophylaxis are specialized and unspecialized. The units of public authority and local self-management, law-enforcement agenicies, educational institutions (pre-school institutions, schools, lycees, gymnasiums, middle special institutions), the units of public health, social protection and employment of the population act as specialized subjects of victimological prophylaxis.

To unspecialized subjects it is possible to attribute all kinds of non-governmental organizations, unifications, the groups of citizens, for example, commercial and non-profit organizations with various patterns of ownership, enterprises and institutions, political parties and mass public organizations; unifications and youth formations; trade unions; institutions of physical training and sport, tourism and culture; private detective and security services; mass media; various associations and communities (for example, Russian association of support of victims of crimes and its specialized victimological communities), creative unions; charitable structures and religious organizations, public organizations and formations developed on voluntary base; public, participating in activity of state, representative and law-enforcement agencies, institutions of local government and territorial communities (societal assistants of the district authorized militia), house and street committees and so forth; family and relatives.

To unspecialized subjects should also be attributed individuals from that social circle, in which underage person develops a specific social adaptation, to which he relates with greater degree of trust – friends, relatives, closely aquainted people. Such social circle was defined by P.I. Lyubinski as a neighbourhood circle in a broad sense, which takes the second place after a household circle.

Among presented subjects the highest rate of efficiency (67,6%) according to the assessments of experts, have the organs of internal affairs (militia). High efficiency rates are featured in the office of public prosecutor – 25,4%; educational bodies – 23,4%, religious faiths – 20,3 %; social formations developed on voluntary base – 19,7 %, and also the courts of justice – 17%. As overwhelming rating (26,6%) among all services of law-enforcement bodies, to which victimological prophylaxis is inherent, service of district authorized militia was named.

The measures of preventive activity implemented by specialized subjects, on scale of application can be classified to the measures of nation-wide, regional and local level. On nation-wide level it is expedient to use legislative mechanisms for strengthening of responsibility of individuals (within the common prevention), committing crimes with regard to underage people, for the development of programs, definitions of mainstreams, tasks, functions of preventive activity, and financial mechanisms of the increase of level of providing both specialized and unspecialized subjects by the means needed for implementation of effective victimological prophylaxis.

On regional level, use of various preventive measures is offered, among which patronage as the form of children’s arrangement is important , that will allow “to cut down considerably the number of children sent to children’s establishments, and will give chance to find a family for any child, and for any term, will provide an implementation of a child care planning.

Complex approach to prophylaxis of crimes committed by an underage person, should provide the events of preventive nature in various sort of city purpose-oriented programs, which can inlude:
  • optimisation of co-ordinating and directing role of the commissions working on issues of underage people, the units of trusteeship and guardship within territorial (areal, vicinal) administrations in execution of preventive events.
  • development of the network of sport sections, sports and non-sports clubs, circles, unifications financed at the expense of the means of the city budgets;
  • strengthening of the control on the part of law-enforcement agencies over activity of entertaining establishments ( especially, gaming establishments and bars, clubs offering spirit drinks to the visitors) primarily at night;
  • activation of work of the divisions on the issues of underage people on revealing and dissociation of the groups with antisocial directivity, as well as the prophylaxis of teenage and directed against underage crimes.


The underage crimes prophylaxis departments (PIU) take a specific place in the system of victimological prophylaxis of crimes with regard to underage people. It is connected with the duality of legal and actual status of the underage who become involved in crime performing by persons having reached 18 years. PIU has extensive information about underage person who has commited administrative offences and crimes, about their families, environment, the places of spending of free time, and about teenagers’ gatherings. Besides, PIU inspectors interacting with teachers, the units of trusteeship and guardship, have more possibilities for the revealing of unsuccessful families in which a child sistematically undergoes vilolence, and for execution of individual-victimological prophylaxis on the basis of received information, for the revealing and solving of victimogenic situations.

A major role in the system of victimological prophylaxis with regard to underage people is given to educational institutions. Here underage person receives initial skills of dialogue in the collective, process of his socialization takes place. As it is noted in scientific literature, “the events of victimological nature with regard to underage people should be formed in view of features of development of their mentality and age. Exactly educational institutions have the largest opportunities for victimological prophylaxis in view of this term. However, victimological aspect of pedagogical prophylaxis remains undeveloped in methodical attitude neither for educational, nor for educational form of pedagogical work with underage people. As opposed to domestic practice, in West Europe and the USA in all educational institutions, from elementary school to higher educational establishments, classes in applied victimology are held, where volunteers can not only listen to the lectures, but also pass special training: to learn self-defense techniques and develop skills of optimal behavior in extremal situations. Use of foreign experience in realization of this aspect of victimological prophylaxis would allow to encrease to a considerable extent efficiency of preventive influence on underage people on the part of educational establishments of various levels as the subjects of victimological prophylaxis. In connection with that, it is necessary to agree with those authors who offer “to develop and to introduce to didactical process of children’s preschool establishments and to educational process of educational institutions special programs in victimological education of children and teenagers.

All subjects of victimological prophylaxis should be united by wider objectives, information, legal contacts. Creation of co-ordinated system of crimes prophylaxis subjects against underage people requires definition of optimum number of working subjects responsible for protection of underage people from criminal encroachments with their strict structure and principles of co-operation. According to the opinion of some authors, it is possible to reach it at the expense of organization of family courts in Russia to Japanese model: “Family court should become the sole specialized unit of the system of prophylaxis of crimes against underage people having co-ordinating, controlling, administrative and restrictive functions. All other units should implement other types of functions (informative and realizing of one or another particular direction of preventive work).

3. The measures of victimological prophylaxis of crimes. Victimological prophylaxis of crimes with regard to underage people, as well as crimes prophylaxis as a whole, can be subdivided to the common and private (individual) victimological prophylaxis. To general preventive measures it is necessary to attribute :

- legal training, increase of the level of legal literacy of population, informing of underage people about their rights and the ways of their protection. Period from 2001 till 2010 is announced by the United Nations Organization as international decade of culture, nonviolence and peace in the interests of the Earth’s children. Informing public at large of children rights icreases the level of society awareness and promotes formation of valuable orientations and arrangements needed for observance of human rights, in particular, the rights of a child.

- manufacturing and spreading of special quick reference hand books-cautions of how to prevent a sudden attack, to get rid of a sudden aggression, properly to decline offered participation in use of spirit drinks and drug-addictive substances, performing of illegal and criminal acts etc.;

- caution of the population (of underage themselves and grown-ups being in charge of them) through mass media about increase of the criminal factor of the separate objects, about deterioration of criminogenic situation in determined city areas, as well as handing of reccomendations of victimologically literate behavior in developed situations.

- approach of posts of law-enforcement agencies to the places of the most probable performing of crimes with regard to underage people;

- direct supervision for persons behaving suspiciously in social places, the places of mass gathering of people (particularly of underage), timely interference into victimogenic situations;

- organization of crisis centres, “telephone hotlines”, advisory services being preventive establishments of victimological profile with opportunities of comprehensive (legal, psychological, material) aid to underage victims and their relatives. For example, in St.Petersburg there are social-rehabilitation centres for underage teens “Educational House”, “Charity House”, children’s crisis centre and a telephone hotline with it, the centres of aid to a family and children “Hellios”, “Prometheus’, social refuge “Child in Danger” etc.

To the measures of the common victimological prophylaxis of crimes with regard to underage people it is as well necessary to attribute measures directed to the common prophylaxis of violent crimes: constant control over the sections of the district which mostly become the places of committing a crime (waste grounds, parks, constructions, deserted houses), illumination of streets, entrances of houses and other social places and so forth.

Individual prophylaxis with regard to potential underage victims of crimes should pass consistently the following phases:

1. revealing of persons with icreased victimity;

- revealing of underage people who by their behavior, in view of the set of personal qualities, living conditions, with the largest probability can become the victims of crimes.

- forecasting of individual victimal behavior;

2. correction of victimity at separate underage groups;

- initial actions directed to neutralization of external exposures and elimination of social preconditions promoting the victimization of underage.

- “liquidation” of negative indications in behavior of the underagehimself resulting in his victimization.

- learning of psychological features of the underage person and definition of socio-phsychological type, to which he belongs.

- realization of educational-precautionary measures with regard to underage teens on the basis of results of the previous phases.

Among the measures of individual impact persuasion and assistance are distinguished. Measures of persuasion bear a complex protective-educational character, conversations, clarifications about how not to become a victim of crime, prophylaxis of a victimal behavior (in particular, use of spirit drinks, dialogues with strangers, visiting of unfamiliar apartments, deserted structures and district sections). Assistance measures are realized by rehabilitation centers by the way of organization of group and individual consultations, rendering of socio-psycological aid, revealing and neutralization of victimologically significant personality features.

Important direction of individual victimological prophylaxis, as some authors note, is prevention of revictimization of the victims. With underage teens who have already become victims and with their parents it is necessary to conduct conversations, during which to explain errors committed by them which resulted in crime performing with regard to underage people, to reveal the directions of work for neutralization of victimologically important personal features of underage.

The measures of victimological prophylaxis with regard to underage people should expediently be differentiated depending whether the behavior of underage person was victimal before and during committing a crime.

According to research data, just in 15% of the cases behavior of underage injured people can be considered as victimal – use of spirit drinks just before criminal encroachment together with future tyrants, staying in the street till dark late hours, walking in deserted places with less familiar people. In cases, when behavior of underage teens is victimal, it is necessary to use in full the measures of individual prophylaxis, while for underage teens with non-victimal behavior general preventive measures are quite enough.

Formation of social qualities of the person proceeds to some extent of rate during the whole human life, but the largest value in this process belongs to initial stages when the child begins to interact with the environment. Domestic and foreign psychologists and teachers, analysing process of development by the person (at first in childhood and then in adulthood) of norms of moral behavior, distinguished in it a few stages:

prenormative stage is the period of thoughtless, mechanical obseravance of the rules of behavior;

normative stage, where necessity and rule invariance are put under doubt, the possibility of other viewpoints and other behavior, including illegal, is realized.

At all specified stages process of development of norms of moral behavior depends more on social circle, in which underage person lives, than on himself. Therefore, while reviewing the questions of victimological prophylaxis of crimes with regard to underage people, it is necessary to take into account that the object of influence should be not only underage teen himself, but also his nearest social environment, as in case of committing a crime, to the number of his victims should be included his parents (other close relatives) who are mediately harmed by the crime. On the other hand, the family should act as the main unspecialized subject of victimological prophylaxis, as it has more socio-psychological opportunities of influence on underage.

So, it is expedient to distinguish the following stages of victimological prophylaxis of crimes with regard to underage people:

Primary victimological prophylaxis conducted by specialized subjects with reference to unspecialized, which, in turn, at crime performing can become victims together with underage teen himself. At this stage, it is possible to apply both common and individual preventive measures enabling parents and other adult relatives not only to protect themselves and their child from criminal encroachments, but also literately, in view of age and psychological features of the teen, to participate in the process of victimological prophylaxis as an unspecialized subject; secondary victimological prophylaxis, the object of which are underage teens and their groups. Secondary prophylaxis is conducted by specialized and unspecialized subjects on the basis of knowledge and skills acquired by them at the first stage.

For the strengthening of warranties of rights of underage victims and improvement of quality of victimological prophylaxis of crimes committed against underage people, it is necessary:
  1. To expand the concept of “injured by crime” through consideration of it within the concept “the victim of crime” containing in the Declaration of main principles of the justice for the victims of crimes and abuses of authority.
  2. To fix the concept of victim in independent article of the Criminal Code of Russia: a victim is a person or a social group, to which by crime or socially dangerous act, physical, property, moral or other harm is caused.
  3. To provide protection of rights of the victims in cases of noncriminalization in national legislation of the act causing damage, being infringement of international norms of human rights.
  4. To trigger state, including legislative and program, activity with a view of effective victimological prophylaxis of crimes against underage teens.
  5. To recognize activity of commissions working on issues of underage people, the units of truseeship and guardship in territorial (areal, vicinal) administrations on execution of preventive events.
  6. To develop the networks of sports sections, sports and non-sports clubs, circles, unifications with a view of providing victimological safety of leisure of underage teens.
  7. To strengthen the control of law-enforcement agencies over ctivity of entertaining establishments (particularly, gaming establishments and bars, clubs offering spirit drinks to visitors).
  8. To trigger activity of the divisions working on underage issues in revealing and dissociating of the groups with antisocial directivity, as well as crime prophylaxis, both on teenage and directed against underage.
  9. To develop and to introduce to educational process of educational institutions special programs in victimological didactics of children and teenagers, at the same time mostly to take into account a foreign experience.
  10. To take into account that the object of influence should be not only underage teen himself, but also his nearest social environment, as in case of committing a crime to the number of his victims should be included his parents (other close relatives) who are mediately harmed by the crime. On the other hand, the family should act as one of the main unspecialized subjects of victimological prophylaxis, as it has more socio-psychological opportunities of influence on underage teen.
  11. To distinguish the following stages of victimological prophylaxis of crimes with regard to underage people:



  • primary victimological prophylaxis conducted by specialized subjects with reference to unspecialized, which, in turn, at crime performing can become victims together with underage person himself; secondary victimological prophylaxis, object of which are underage teens and their groups. Secondary prophylaxis is conducted by specialized and unspecialized subjects on the basis of knowledge and skills acquired by them at the first stage.