On the Issue of Determination Peculiarities of Illegal Crossing of the State Border of the Russian Federation in its Russian-Chinese and Russian-Mongolian Sectors
Crime prevention involves the impact on real criminological factors that cause the commission of socially dangerous acts and are aimed at their elimination.The practical importance of studying the determinants of illegal crossing of Russian state border lies in the possibility of preventing their commission.The article is devoted to the determination of illegal crossing of the state border of the Russian Federation as one of the crimes characterizing the border area.The author analyzes various approaches to the determination study that exists in domestic and foreign criminology.Domestic criminology is characterized by deterministic approach in the study of the causes of crime, where causality, is only one of the categories determining crime. The article points out several theories of the crime causes (socio-biological, social contradictions, criminogenic-psychological, deviance).The causal explanation reveals the mechanism of a particular type of investigated crimes, it indicates the phenomena and processes occurring in society that are in an internal interdependent relationship with it, its reasons and consequences.Particular attention is paid to the complex of causes and conditions affecting the commission of crimes under Art. 322 of the Criminal Code of the Russian Federation on the Russian-Chinese and Russian-Mongolian sections of Russian state border. The epistemological process of determinants cognition for a particular type of crime with its regional peculiarities makes it possible to evaluate the manifestation of a crime as a reflection of the social properties of society, the generation of criminal activity of the population. Using system-structural, logical and formal-legal methods, the author makes conclusions about the presence of determinant complex that affects illegal crossing of the state border in the Trans-Baikal Territory.