Jansarayeva R. E

Phd, The head of Penal and Criminology Law Departament

Kazak National University named after Al-Farabi

Yergali A.M.

Master's of jurisprudence

PhD student in Kazak National University named after Al-Farabi

Tendencies of the every day crime and the strategy of struggling against it

In a historical point if view, according to V. N. Kudryavtsev, it is possible to observe at least «three processes interconnected among themselves:

1. gradual change of strategy of crime control at different stages of sociopolitical, economic and cultural development of the countries and the people;

2. the searches of an optimum strategy;

3. the change and combination of the strategy in each separate country taking into account the ways of the crime and conditions of its committing as a whole».

The search and change of strategy of crime control should be based on a scientific research basis of criminality as one of the difficult and dynamically developing phenomenon for what the analysis of domestic and foreign experience is necessary. Comparing legislative and executive practice of the countries with various models of the state system, there should be the following strategies of crime control: the control, counteraction and neutralization.

When there is a system of measures, including necessary resources and possibilities, allowing to keep crime in certain frameworks, i.e. quickly to react to occurrence of modern trends of criminality by anticipatory change of the legislation, strengthening of security measures with a support of the social funding which, according to the American sociologist F.Fukujamy, represents certain potential of a society or its part as result of trust between its members. Then it is possible to speak about control strategy over crime. Crime control strategy is a sign of the advanced countries where the lawful state model is implemented, there is a developed system of law, the authority of court is high, the rights and freedom of the person and the citizen are protected. State crime control is guided by a reinforcement principle. Neutralization strategy is used by ‘The police’ state model. In this case the potential of law enforcement bodies and real possibilities of criminality are actually equal. The law enforcement bodies cannot counteract some forms of dangerous criminal actions but they have a real possibility to constrain criminality by accepting of adequate and timely measures.

Strategy of counteraction to crime does not allow to struggle effectively with it if the conditions of current system of protection of human rights don’t develop. At the same time the real danger of criminality, especially its organized forms which is especially active in economic sphere is not fully considered. It can be connected with extremist and terrorist organizations because at the legislative level the needed measures of reaction are not developed. In the legislative system there is a delay in development of the measures necessary for crime control; the current legislation is not properly systematized which creates conditions for inconsistent court practice. According to V.N.Kudryavtsev, the set of some strategies used at various times, for different purposes and under different circumstances is actually the crime control. Scientifically, the crime control assumes availability of tactical and strategic ways.

It is represented that in the process of development of statehood using the strategy of crime control, including its organized forms, the should be transition from counteraction strategy to control strategy that means transition to active use of methods of operative search activity, legislation change in this sphere, the improvement of the quality of a professional training and the technology of disclosing and investigating of crime.

For these changes the following directions are necessary:

In public sector — a complex of legal acts in which the capability and desire of a society to entrust law-enforcement structures should be set,

In the number of the stuff — optimization of the quantity of employees, law enforcement bodies, techniques and the resources necessary for this struggle;

In technological sphere —the increase of efficiency and enhancement of means, including the development of technologies on the basis of the current legislation under the prevention and investigation of criminal activity, including vocational training of inspectors and officers;

In organizational sphere — the strengthening of discipline and coordination in law enforcement bodies by adequate changes in vocational training and retraining of the personnel, educating a high morality of employees.

It is necessary to recognize that nowadays the system of the social control over criminality is weakened and is getting weaker. Uncontrollable growth of criminality means a real weakening of the state which should solve a task of stabilizing global growth of criminality in the conditions of simultaneous liberalization of measures against it. The fear of crime verses simultaneous growth of emotional neglect of crime showed by the same population.

Crime is the phenomenon inherent in the human society, reflecting its any sides. Speaking differently, the criminality is a reflection of all problems of a society. During the last years with the changes in society the criminality has changed also. The methods of studying of criminality have been invariable, as well as methods of reaction to fight it. It has led to the situation that today we n cannot effectively supervise criminality but we do not know even its core. The statistics shows that though there has been a small decline, the growth of heavy and especially serious crimes lately is simultaneously observed. At all times serious crimes grew slower, rather than common crimes.
Despite statistics indicators about the successful investigations of crime, sociological polls testify to growth of discontent of citizens by the work of all law enforcement bodies and they complain about the increase of psychological uneasiness of the citizens about that. Such speculations allow drawing an unequivocal and authentic conclusion on the criminal statistics poor quality. Without knowing of such a difficult social phenomenon that the modern criminality is, it is utopian to count on high efficiency of measures of counteractive measures.

The changed criminality demands the changing of the ideology of crime control. Not complete liquidation of the criminality, all its reasons and conditions should be the main task but also the establishment of as much as possible rigid social control over criminality. The social control based on power methods and acceptances and the mental potential are necessary aimed at creation scientifically proved, theoretically competent and practically implemented program of crime control. Thus it is necessary to do an emphasis not on universal, but small republican programs of crime control, and on compact target regional and in detail-functional programs.

Now the comprehension of the harm of a policy of dismissing special preventive organizations which the state has withdrawn from this work and has eliminated all other subjects, considering that in criminality preventive maintenance should not be engaged, and therefore any special structures it is not necessary to create.

Other important task is reforming of the law enforcement body. Created structurally and ideologically in the conditions of the previous epoch and ideology, it has appeared poorly adjusted for everyday reality. All reforming till this day has been basically consisted in personnel shifts and changing of structure bodies. Prime directions of development of law-enforcement system of the state is the Concept of Legal Policy of the Republic of Kazakhstan for the period with 2010 till 2020 considering necessity of strengthening of law enforcement bodies, enhancement of forms and methods of their work, provision of stability of personnel selection, increase of requirements to qualification and discipline of law enforcement officers. The president of Republic of Kazakhstan N. A. Nazarbayev in the Message to the people of Kazakhstan said: «New decade – new economic elevating – new possibilities of Kazakhstan» « … in a new decade the new law-enforcement system corresponding to high international standards of law-enforcement service in the democratic state is necessary to us. The Head of the state has noted about obvious problems of law-enforcement system« arising because of poor control, the conflict of functions of law enforcement bodies, absence of appropriate personnel work, and also absence of transparency and control of activity of law-enforcement system of the country ». Thus general directions of the reforming of law-enforcement system had been specified, including necessary optimization of law-enforcement system with the building of accurate competence of each state structure, displacement of accents from interdepartmental interests to protection of the rights of citizens and interests of the state, provision total parliamentary and public control, the improvement of system of the reporting and an estimation of activity of each law enforcement body.
Effective control of crime and development of adequate measures of reaction to it are impossible without knowledge of an objective picture of criminality. The openness, availability or publicity in criminal statistics sphere does not adjoin to objectivity. Validity of the thesis that the official statistics reflects only the top of an iceberg, namely that in any way does not give in to concealment or that in any way it is necessary to consider, today already very few people calls in question. Therefore the control establishment over criminality needs to be begun with criminality studying. Except researching the picture of criminality it is also necessary to study criminality tendencies carefully. Today we should know what to expect tomorrow. Modern researchers have revealed about twenty tendencies of crime, the biggest of which grows out of organization, armament, cruel patterns of crime, and their high degree of latency.

The most important tendencies of modern criminality are the transnational character of crime, the international trend of modern criminality. The criminality knows no limit, and borders of the states are most advantageously overcome by criminals, while reasonable intention to consolidation of efforts in crime control is stuck in a bureaucratic bog. To criminals international and other enmity is unknown: they "are on friendly terms" and co-operate with each other, despite available disagreements between the countries which citizens they formally are. « Criminal business» is steadier and stable, rather than any another.

Criminal intellectualization has been noticed when the intelligent and highly developed stuff is occupied by "shadow economy" to help wit bank and financial frauds and computer crimes. One more indicator of intellectualization of criminality is the care of own reproduction, «change education »and an all-round reinforcement of the activity.

One more of the new qualities acquired by the modern criminality is its politicization. The Underworld craves for power; the powerful authority is into criminal getting of incomes.

Character and intrinsic qualities of the subject of crime are changing when the numbers of criminals replenish with workers of law enforcement bodies. And it’s happening at a certain regeneration of the reinforcement bodies, obliged to struggle with criminality in power structures with other functions and tasks and their deprofessionalization. One of aspects of it is professional deformation of law enforcement officers: from forming wrong and even negative professional installations – before committing crimes.
Abnormal display of criminality is happening in the forms of serial, not motivated, cruel crimes. There is a depreciation of human life and growth of a number of murders and acts of violence over the person.

Efficiency of crime control needs some research of the collateral negative phenomena arising in a society under the influence of a crime one of which is mass criminalization of language, the cultures, all parties of public life. Today it is increasing valuably, becoming some sort of the specific driving factor of behavior.
Other interesting phenomenon is the popularization of criminality through mass media in a pursuit of momentary sensations, direct reporting from an accident place, and the films cultivating cruelty, violence, «the criminal romanticism». The international organizations claimed that there has been a certain popularization through the mass media. For example, the resolution taken on September, 7th, 1990 at the Eighth Congress of the United Nations on crime prevention has confirmed «Measures on Struggle against the International Terrorism». In the chapter 29 of this document it is told about «creations of sensations and justifications of terrorist violence; distributions of the strategic information on the potential purpose’ which are not to be boosted during the work of public structures. Also distributions of tactical information during these periods of acts of terrorism can threaten life of innocent civilians. These might do harm to law enforcement officers during their implementing effective law-enforcement measures while struggling against offenders ».

The Changing crime forces to change the crime control measures. We should recognize that crime control is hard, laborious and daily work excluding casual approach. Mistakes in forming of the strategy and tactics of counteraction to criminality, financial support of struggle against it owing to underestimation of scales of development of crime promote crime growth.

In the system of measures of crime control the leading role is its target components reflecting due political aim and consecutive, scientifically proved and secure state policy. On this basis the legislation adequate to the scales of imminent danger should be formed. For the effective struggle with crime the absolutely objective picture of a condition, level and dynamics of crime is necessary, the competent description of criminality is also necessary. Preventive measures scientifically-developed are necessary. First of all, the change of ideology is necessary as well as scientific, theoretically reasonable coordination of activity of law enforcement bodies in sphere of crime control.