In the complex interaction of circumstances and processes that give rise to crime, the negative components of family relations play a significant role. Intertwined in a certain way with each other, as well as with other criminogenic determinants, they cause the commission of crimes. Knowledge of the mechanism of action of family criminogenic factors makes it possible to develop, predict and plan an important link in the crime prevention system, addressed to various aspects of this area.
Description of crime in terms of system analysis is the first step towards the scientific management of this phenomenon. The basis of a systematic approach in criminology is to isolate a special kind of social system, the functioning of which generates crimes. What is considered a criminologically significant system. Whether to consider mismatching within systems as the cause of offenses, or to present crime itself as a closed system, the structure of which is formed by a number of subsystems of types of crimes.
It seems that crime as a social phenomenon has the quality of a system, since its constituent elements are in certain relationships with each other and with the environment. It is known that crime is characterized by multi-structurality, the structures that form it are among themselves in various combinations. The task is to find an objectively existing structure, within the boundaries of which the interconnected and criminogenic determinants, and the consequence - behavior that violates the criminal law, completely fit.
The mechanism of the antisocial action of criminogenic factors (criminogenic mechanism) is the functioning of the system of phenomena that generate criminal behavior, closely related to its structure. The mechanism manifests itself in the interaction of blocks of factors located at different levels of the structure, as well as single-level blocks and factors within the block.
With regard to the development of theoretical ideas about the factors of domestic violence in the framework of medicine, it seems possible to speak only about the stage of "discovery" of the problem of domestic violence and the main problems that arise at the stage of identifying, registering and recording cases of domestic violence. In the field of forensic medical examination, as well as in other areas of medicine, it is difficult to identify some systematic theoretical ideas about the factors of domestic violence, since at present domestic violence is not singled out as a separate problem in forensic medical examination.
Through a certain chain of elements of the criminogenic mechanism, crimes are produced, their individual types, the totality of crimes as a whole, and the factors of crime themselves are reproduced.
When studying the social mechanism, the emphasis is on establishing the nodes of interaction and its nature.
A subsystem of criminogenic factors of the family sphere is woven into the crime system - a criminogenic family, or family crime. The term "family crime" is introduced by V.S. Kharlamov. Developing systems approach to the phenomenon of crime, he defines the criminogenic family as a property of the social institution of the family, which is at one stage or another of development, gives rise to a certain number of crimes, including those committed within the family. The phenomenon of family crime includes family causes of criminal behavior and family crimes. The latter can be divided into elements vertically in accordance with the hierarchy of levels of the crime system, and at the corresponding levels - horizontally. The vertical section of a criminogenic family reveals three levels: general social (macro-), immediate environment (medium) and individual behavior (micro-). The elements of the subsystem under consideration are blocks of criminogenic factors of the family sphere taken at the appropriate level. These include, at the general social level, the contradictions of the institution of the family; at the level of the immediate environment - blocks of family desocialization and family conflict; at the level of individual behavior -- a criminogenic family situation. The horizontal division of the subsystem makes it possible to single out the two blocks noted at the middle level (desocialization and conflict), as well as specific factors within individual blocks of any of the levels.
All blocks of factors of a criminogenic family are interdependent. However, crime is one of the statistical systems, which are characterized by the instability of relationships between elements, the random nature of most internal mutual influences, the variability of the structure in which spontaneous processes operate, subject to probabilistic patterns. Criminal behavior takes place with a massive mutual influence of family desocialization and a criminogenic family situation, and only at the micro level when committing single crimes. The reproduction of the types of crimes, and even more so of their totality, occurs as a result of the interaction of the criminogenic family with other subsystems that form the criminality system.
Criminogenic subsystems of crime are mutually connected with law-breaking behavior - criminal subsystems. Directly this connection is carried out at the level of individual behavior in the form of the well-known triad "personality - situation - crime". The totality of crimes observed at the general social level has qualitative differences from the act of a single crime, crime has a structure, dynamics, etc. The connection between criminogenic factors at different levels of the family sphere and the totality of crimes can be traced through single crimes and further through types of crimes.
To reveal the social mechanism of actions of a criminogenic family means to localize the knots and nature of the interaction of a criminogenic family with other subsystems of crime.
The general social level of the crime system includes a set of crimes with a certain structure; contradictions that cause the negative formation of personality; factors contributing to the emergence of criminogenic situations.
V. N. Kudryavtsev rightly asserts that the causes of individual unlawful behavior cannot explain the causes of the offense as a whole, but, on the contrary, “only the totality of the social conditions of people’s lives provides the basis for a deep understanding of individuals.” He connects the "subjective cause of offenses" with the contradictions within the public consciousness, or with the contradictions between the public consciousness and social being. It seems correct to attribute crime "to those social phenomena that are associated not with any local and separate, but with all the latest spheres of society - economic, political, spiritual."
Crime has common roots with others, including positive social phenomena. Not criminogenic factors are in conflict with the social structure, but their consequences are expressed in criminal behavior. The contradictions of the infrastructure are the source of its manifold movement, both in a progressive and reactionary direction. The macrostructural contradictions of the family, which are associated with criminal behavior, are reduced to two groups: 1) inherent in the family in all historical eras her existence; 2) arising from the period experienced by the family.
The family, like any social institution, has always been inherent in contradictions. This is understandable, because families unite, on the one hand, who are interested in mutual communication, and on the other, who have their own interests, which cannot fully coincide with the interests of partners in family life. The contradictions traditionally characteristic of the family are the contradictions between the social roles that this or that social system assigns to people depending on their position in the structure of family relations. Coordination of mutual claims implies the achievement of a compromise, without which life together is impossible. Behind a compromise, however, there is always an accumulation of mutual dissatisfaction between spouses, in-laws, parents and children. The social institution of the family has factors both that force large masses of people to unite in families, and factors that make it difficult to coordinate the behavior of these people. On the basis of the objective interest of members of society in creating families, side stimulants of cohesion arise: emotions, rituals, traditions. At certain stages of the development of family relations, system-forming factors predominate, other periods are characterized by the activation of factors of disorganization of family communication. In the second case, there is an activation of foci of family desocialization and conflict in society.
At present, the social institution of the family is undergoing a transitional period caused by a change in the position of women in society, the process of their rapid involvement in social production. As already noted, the content of the social roles performed in the family by its various members is changing, the dependence of a person on the family unit is decreasing, and morality is being rebuilt.
In the conditions of the transitional period, the contradictions between the specific, historically established family needs and the possibilities of satisfying them in the modern family make themselves felt. Today's family does not give a significant part of the population what is expected of it: for men - a reliable psychological shelter, for women - stable material support (the husband is no longer the breadwinner), elderly parents do not receive worthy attention from children engaged in public affairs, children are deprived of systematic control from both parents in production. Neutralization of the crime family subsystem at the general social level consists in the development of family needs that would meet the new content of family relations, as well as better organization of interaction between the family and other public institutions.
All contradictions of the family institution are interdependent. The turn of a significant part of the population from monogamy to pre- and extramarital sexual practices, for example, could not but affect the fulfillment of their educational duties by family people, if only by switching part of the emotions and attention to the search for a secondary love partner and to relationships with him. The struggle for leadership at a certain stage gives rise to the worst performance of household duties, since, as you know, the lack of declaring a certain distribution of concerns, you also need to rationally assign them to specific people, which is often achieved in families by self-withdrawal from the relevant cases.
An analysis of the interaction between various criminogenic subsystems that form crime makes it possible to observe a knot connecting the contradictions of the family institution with other macrostructural factors that determine mass criminal behavior. The uneven material security of various contingents of the population, which determines the formation of a selfish orientation among the less well-off, affects the intra-family "financial policy", orienting the family towards acquisitiveness, increasing income by any means. The contradiction between skilled and unskilled labor sometimes gives a significant part of unskilled workers a certain lifestyle, manifested in drunkenness, rudeness, violence, as a means of resolving disputes. This contradiction is intertwined with the above-mentioned criminogenic components of the family institution, causing mutual dissatisfaction among people, and opens up socially dangerous ways to resolve interpersonal conflicts. Drunkenness, like drug addiction, is both a factor in the mass formation of persons prone to committing crimes and a circumstance of family disorganization. At the same time, the contradiction between the need for stable family communication and the impossibility of fully satisfying it in itself causes a tendency to drunkenness and drug addiction. Faced at the macro level with factors of unfavorable personality formation, the contradictions of the family institution are simultaneously affected by macrostructural factors that cause the emergence of criminogenic situations. The mutual influence of the contradictions of the social institution of the family with the blocks of the lower levels of the crime system consists: firstly, in the transformation in individual families of conflicting standards of behavior adopted between relatives in-laws and spouses, as well as conflicting ideas about what is proper and what is unacceptable, what is permissible and what is condemned in relationships; secondly, in the reverse influence that comes from individual families in relation to the institution of the family as a whole.
These blocks of criminogenic factors are interconnected so that some of the factors that form family conflict are simultaneously included in the block of family desocialization. Between the contradictions of the institution of the family and the elements of the crime system related to the level of individual behavior, there is both mediated by the influence of the immediate environment (middle level) and direct interaction. A person's contacts are not at all limited by his personal communication, he is directly affected by the social-state, regional environment. An example of a direct connection between the macro- and microlevels is the criminogenic situation that came to light when the spouses discussed a newspaper article about family relations, which stirred up their internal disagreements.
Criminogenic factors that are outside of family relationships also interact with blocks of family factors of lower levels. Such, in particular, contradictions, the unequal material security of various groups of the population, the insufficient balance of the needs of the spiritual and material order determine in some cases a mercenary, in others a violent orientation, create conflict situations.
The average level of the crime system is the level of the immediate environment, small social groups, i.e. the social environment in the narrow sense. At the middle level, there are two blocks of subsystems of the criminogenic family: family desocialization and family conflict. The nodes of interaction of blocks of criminogenic factors are located in the vertical and horizontal planes.
Vertically, there is a mutual influence of criminogenic factors of this level with the macro- and microlevels, horizontally - a two-way relationship between family desocialization and family conflict, as well as the conditionality of these two blocks of criminogenic family blocks by a negative influence on the individual from the extra-family component of the social environment.
Family desocialization, as a process of unfavorable moral development of the individual, is a consequence of these contradictions and conflicts. The process of formation of the identity of the offender occurs not only under the influence of the contradictions of society as a whole, but also as a result of direct influence from the environment - various social groups, of which it is a member. The degree of influence of a family on its member depends on its structure, size, cohesion, duration of existence, personal qualities of relatives, the presence of a head of the family, role distribution, etc. A combination of circumstances such as antisocial behavior or views of family members, its educational failure, violation structures, material difficulties, etc., forms a complex of criminogenic effects. The presence of a more or less complete set of known factors of family desocialization, which are quite pronounced, partially coinciding in time, in some cases leads to the formation of an antisocial orientation.
The direction of development of family contradictions towards their legally acceptable or illegal resolution by nature and depth. Particularly acute in modern families are experienced conflicts arising on the basis of adultery, the struggle for leadership in various areas of family life, conflicts over drunkenness, the distribution of the family budget. The nature of the interaction of intra-family factors bears the stamp of close dependence on each other of family members, a slight change in the behavior of one entails a change in the behavior of another.
Criminogenic factors of the middle level of the extra-family sphere are socially linked to the circumstances that cause family conflicts. Orientations on family life are formed largely under the influence of the environment. The conflict is generated as a result of a contradiction between the corresponding orientations of individual family members. The influence of the environment is also "supporting" in nature. A conflicting family member, discussing the conflict with friends, acquaintances, friends who influenced the formation of a position in family life.
The node of interaction of blocks of family desocialization of family conflict is characterized by the fact that at the level of its immediate environment, the criminogenic family, as a subsystem, reproduces itself and simultaneously extends to the level social behavior, generating an antisocial orientation of its members and a criminogenic family situation. A family conflict more often develops into a criminogenic situation, when desocialized people quarrel, who are prone to resolving difficult situations in an illegal way, often associated with the use of violence.
Located at the same level of the immediate environment of a particular person, the blocks of criminogenic factors of the criminogenic family subsystem (family desocialization and family conflict) vertically interact with the blocks of the same subsystem located at the general social level of the contradiction of the family institution and at the level of individual behavior (criminogenic family situation).
The interaction of the block of family desocialization with the anti-social orientation of the personality is that, on the one hand, the unfavorable development of the desocializing family determines the negative formation of the personality, developing in it the qualities of a criminal; on the other hand, a person with an antisocial orientation himself has an adverse effect on these family members. The combination of factors of the block of family desocialization, influencing the conflicting family members, increasingly intensifies conflict, as a result of which the situation increasingly accumulates its criminogenic qualities.
The commission of a crime in criminology is usually considered as the result of the interaction of the individual and the situation. This node of interaction is characterized by a certain length in time, during which the person accumulates in himself the impulses emanating from the situation, comprehending the situation, sorting through the options for possible behavior and making a decision to commit a crime.
The conflict develops into a criminogenic situation with its exact severity due to active interaction (quarrels, scandals, deep divergence of views, etc.) of family members or family with the immediate environment, as well as the supporting effect of conflict-generating microenvironment factors.
The impulse to crime arises in the node "anti-social orientation - criminogenic situation". At the same time, not only the crime bears the stamp of the blocks of factors that gave rise to it, but the latter are also influenced by the crime. So the personality undergoes a qualitative change: a person inclined to commit a crime becomes a criminal, and a conflict criminogenic situation is characterized by damage to one of the participants in the conflict. At the same time, the repetition of criminal acts against the victim is not ruled out if appropriate measures are not applied to the person who committed the crime.
Taking into account the factors of domestic violence proposed in the framework of cultural theories, specialists from leading social institutions in the United States, Canada, Sweden and other countries are reforming higher education, conduct educational campaigns in the media, etc. Considering the absence of deterrent mechanisms when committing violence against members of one's own family (theory of deterrence), representatives of social institutions have undertaken a global reform in the system of combating domestic violence.
The antisocial orientation of the personality is a consequence of the interaction of criminogenic factors of family desocialization with the negative influence of the extra-family environment. In addition, the development of antisocial qualities in youth occurs under the direct influence of phenomena of the general social level, which occurs mainly through the channels mass media. The social mechanism of information transformation is inseparably united with the individual psychological mechanism. A person does not automatically reproduce the image of behavior perceived through various channels of information, but critically evaluates it, correlating it with the system of views that has developed in him.
A person who is subject to the pressure of family desocialization should be distinguished from a person who has an antisocial orientation. Family member experiencing it Negative influence, can both yield to him and stand against him. Antisocial orientation is the result of desocialization. The presence of such an orientation in a person indicates that negative qualities, having sufficiently accumulated, characterize the readiness to commit a crime.
The antisocial orientation of the personality usually arises under the direct influence of the "criminogenic family" subsystem. The criminogenic situation in some cases does not fit into the framework of the named subsystem, in others it is partly included, in others it is completely.
This is the proposed model of the mechanism of functioning of the crime family (see Appendix B). The next task is to fill it with specific content in relation to various types of criminal behavior.
Introduction
Relevance. Modern Russia is still experiencing a socio-economic crisis that has a negative impact on all spheres of society. One of the most acute problems of our time, characteristic of such a crisis, is the ongoing growth of crime. In order to develop high-quality countermeasures, it is necessary to study crime as a social phenomenon from all sides, paying special attention to such a complex and multifactorial part as the causal complex of crime.
One of the most important determinants of criminal behavior is the family atmosphere. The family has always been one of the basic social institutions designed to ensure the continuity of generations, promote the socialization of children and introduce them into society. And it is the psychological microclimate of the family that has a huge impact on the formation of antisocial inclinations in the individual. Unfavorable family environment, as studies show, is one of the main reasons for the commission of criminal acts by a person, especially in cases of juvenile delinquents.
It is not easy to analyze the phenomenon of family crime and the family as determinants of criminal behavior, since the family sphere is least of all amenable to legal regulation from the outside, and family crime is a phenomenon that has many forms and manifestations.
The object of this study is social relations that develop in the family sphere.
The subject of the study is the scientific approaches and provisions contained in the legal and psychological literature, which consider the family as a factor in the formation of the personality of a criminal, and the legal norms governing intra-family relations.
The purpose of this work is a comprehensive analysis of family troubles as a criminogenic factor, as well as the identification of existing problems in the field of preventing illegal behavior and improving the family atmosphere and finding the most effective ways to solve them.
Tasks of this work:
1.determine the essence of the family as a social institution; 2.designate the role and importance of the family in the process of socialization and personality formation; 3.to consider the criminogenic influence of the family environment throughout the life of the individual; 4.consider the currently existing ways and means of protecting the family and childhood; 5.suggest ways to improve preventive measures aimed at improving the health of the family. Methodological basis research has compiled an extensive set of methodology, including: systemic, dialectical, historical methods of cognition; general scientific methods and techniques: induction, deduction, analysis and synthesis, abstraction; special methods: comparative and formal-legal. 1. Questions of theoretical definition of the contents of some concepts 1 To the question of the content of the concept of "family" Considering the problem of family crime, first of all, it is necessary to understand what a family is. The concept of family different peoples different, moreover, it has changed significantly in different periods of history. In the framework of this work, it would be most relevant to refer to the current definitions of this concept. However, despite the fact that the protection of family relations is regulated by various branches of law, both domestic and international, there is no single definition either in legal acts or in scientific monographic studies. The analysis of different points of view of scientists is reduced to the allocation of two groups of features that reveal the concept of "family": a) a sociological nature; b) legal nature. In sociology, the family is a statistical unit of accounting and observation, a set of individuals who are carriers of certain social roles and functions. As a social institution, the family is characterized by the presence of certain social norms, sanctions, patterns of behavior, rights and obligations, which together regulate relations between spouses, parents, children and other family members. Marriage is understood as a socially confirmed and legally certified union between a man and a woman, giving rise to their rights in relation to each other and to children. In the philosophical dictionary edited by A.I. Family deciphers Rosenthal as "a small social group of society, the most important form of organization of life, based on marital union and family ties." The Explanatory Dictionary of the Russian Language defines the family formally as “an association of persons connected by consanguinity and (or) marriage”. In addition to these sociological definitions, there are, as noted above, special legal definitions. In the legal sense, the family is united not only and not so much by the norms of moral responsibility, but by legal relations that develop on two levels: )between family members within the family itself; )between the family and a number of other institutions of society. In a legal sense, a family can be defined as a circle of persons bound by mutual rights and obligations arising from consanguinity, marriage, adoption or other form of adoption of children for upbringing. Although there is no single definition in any of the branches of law, many branches still consider the family or its individual members as participants in legal relations within this branch, while giving the entire family structure certain features that are relevant for this particular branch. Family law, being the branch most directly related to family relations, does not define either the family or the definition of marriage. The Family Code only establishes the conditions and procedure for concluding and terminating a marriage, recognizing it as invalid, regulates personal non-property and property relations between family members, other relatives and other persons, and also determines the forms and procedure for placing children left without parental care in a family. Inheritance law, although it actually speaks of family members, when determining the circle of persons who are legal heirs, also does not fix the concepts of “family” or “family member”. The Housing Code considers the family in a narrower sense than family law. Article 31 of the Housing Code of the Russian Federation establishes the categories of citizens who are recognized as family members of the owner of a dwelling, while introducing certain requirements for them. Thus, the spouse, children and parents of the owner living in the premises belonging to him are recognized as family members. Other persons, including other relatives and disabled dependents, may be recognized as family members only if the owner has indicated them as such. The criminal law does not use the concepts of “family” and “family member” at all, instead introducing the concept of “persons close to the victim” (for example, in paragraph “g” of part 1 of article 63, paragraph “b” of part 2 of article 105, part 1 of article 163 of the Criminal Code of the Russian Federation), which are understood as three groups of persons: )close relatives (parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren); )other persons who are related and (or) related to the victim (spouse, relatives of the spouse); )persons whose life, health and well-being, due to the prevailing life circumstances, are dear to the victim (for example, the groom, bride, cohabitant, cohabitant). The criminal procedural legislation, like the criminal one, uses the concepts of "close", "close relatives" and "relatives", without introducing the concept of "family", while their composition, specified in Art. 5, is somewhat different from those adopted in criminal law: )close relatives include spouse, parents, children, adoptive parents, adopted children, siblings, sisters, grandfather, grandmother, grandchildren; )relatives - all other persons, with the exception of close relatives, who are related; )close persons - other persons, with the exception of close relatives and relatives, who are in property with the victim, witness, as well as persons whose life, health and well-being are dear to the victim, witness due to established personal relationships. There is also no consensus in legal theory as to how "family" should be defined. The criteria for this phenomenon are very diverse, and the legislator does not provide a single definition, although, as shown above, certain features of it can be found in the norms of various industries. Mironova T.N. notes that, in addition to purely legal sciences, the concepts of "family", " family and marriage relations"are the object of study in many other branches, each of which examines the family from a certain point of view and from certain positions that are unique to this discipline. For example, family sociology, ethnography, family psychology, pedagogy, criminology and, in particular, family criminology . Of these disciplines, it is especially worth paying attention to family criminology, which is also called criminology of family relations and criminology. It is based on the position on the interdependence of the institution of the family and the phenomenon of crime. Family criminology began to take shape under the influence of general criminological science as early as 1980. To date, criminology, being a branch of general criminology, is a social and legal discipline with an established conceptual apparatus, scientific base and a certain area of research. Family criminology studies the criminogenic factors of the family atmosphere and the criminal behavior caused by them, as well as social impact in order to counteract crime. Criminology through the prism of family relations considers the most significant criminological problems: the influence of the family on the formation of the personality of the offender, the influence of the family on juvenile delinquency, intra-family crimes, the influence of the family on the recurrence of crimes, the prevention of crimes by influencing the family. Domestic crimes are understood as crimes committed by one family member against another. It seems expedient to include both those committed in a legally registered family and those not registered, including the murder of a newborn child by a mother, among family crimes. In other words, family criminology studies criminal offenses in the family sphere. Family and domestic relations in family criminology are usually differentiated as follows: )marital relationship; )Parent-son relationship; )Family relations. Depending on the group of relationships, two lines of causality lead to the commission of a crime: in parent-son relationships, this is an unfavorable formation of personality in the family, and in marital and family relations- Criminogenic value of the family situation. Both types of causality will be discussed in more detail later in this paper. Thus, various industries Russian law have their own view on the concept and composition of the family, based on their goals and objectives and taking into account the need to endow family members with certain rights and impose certain duties on them within the scope of their legal regulation. However, a single concept of such a socially significant structure as "family" is not given in any legislative act. In addition, the family and family relations are studied by a number of sciences, among which criminology deserves special attention. At the same time, when studying the family, criminological turnover should include both a legal concept and a social one. 2 The concept of the identity of the offender and the process of its formation The identity of the offender, not without reason, has always been one of the central problems of criminology, since even the fight against the causes of crime depends on what view of the personality is adhered to: if the causes of criminal behavior or the propensity to commit crimes are inherited through a biological line, genetically, then the countermeasures taken should have a completely different character than if we consider a person as a person who is not born with criminal intentions and inclinations, but acquires them as a result of a dysfunctional moral formation, that is, if we consider the personality of a criminal as a product of society. To date, science has established itself in the views that a person is not a full-fledged, formed personality from the moment of birth, but becomes one in the process of his social life, and personality formation is impossible outside of society. In the course of moral formation, a person acquires a whole set of various moral, moral and other views and values, individual psychological characteristics. The same applies to the private - the personality of the criminal, formed and formed in the process of adverse moral impact. The undying interest in the personality of the criminal is caused by the fact that it was she, as Eminov V.E. and Antonyan Yu.M. in his work "Personality of the offender and its formation", is the main link in criminal behavior, the bearer of the causes of the commission of the crime. The personality of a criminal is an abstract social and psychological model with certain specific features, a set of scientific ideas and knowledge about individuals who commit crimes. The formation of the personality of any person is a process of assimilation by him of certain views and ideas, attitudes to the world around him and to himself, and their subsequent consolidation. In other words, the process of personality formation is the process of socialization, when the individual appearance of the personality, its preferences, orientations and motives of behavior are formed. It is in the process of socialization, as Kurguzkina E.B. a person as a person learns to participate effectively in various social groups. In sociology, the term "socialization" is revealed through the designation of three stages: 1)Knowledge of social norms, norms of behavior accepted in society; )Mastering these norms, agreeing with them, recognizing them as necessary and introducing them into consciousness; )Installation on observance of these norms, on action in accordance with the rules of morality and the law. The degree of socialization can be determined based on the extent to which a person follows the customs of behavior in society and how much he lives in harmony with the social environment in which he finds himself. The personality itself should be considered formed when it will be able to control its actions on the basis of the norms of behavior expected from a person in specific situations, and when it will be able to take responsibility for the decisions made. Socialization does not necessarily involve the formation of an undeformed personality; the offender can also be socialized. The assimilation of norms of an antisocial nature and the rejection of social norms familiar to society in favor of the norms and standards of the underworld leads to the formation of a personality system of values that considers criminal and antisocial actions as criminals that do not contradict the norms of the social environment. If a person grew up and was brought up, and later communicated in a criminal environment, then he learns its norms of behavior, follows them, and, consequently, socializes in a criminal environment. For example, if a child grows up in a family in which parents, persons replacing them or other close relatives are addicted to alcohol, are prone to theft or other criminal lifestyle, then the child is socialized accordingly. The criminal ideology, moreover, is promoted in families where there are previously convicted parents or persons replacing them. Thus, socialization can also be negative, perverted, when a person perceives and assimilates the subculture of the underworld, and not ordinary society. The personality of the offender also characterizes the choice of a socially dangerous path to meet his needs or the focus on choosing such a path or, on the contrary, failure to show proper activity in preventing a negative or socially dangerous result. This characteristic is quite complete, since it covers both the intentional commission of a crime and the commission of a crime due to criminal negligence. Thus, the formation of a personality is a process of assimilation by a person of social roles and rules of behavior, the development of a system of values and worldview. This process begins from the earliest stages of human life, almost from birth. A person is most sensitive to external influences during childhood, including the earliest. Depending on the attitude of others towards the child, he feels either protected or not. In the latter case, he develops, increases anxiety and the need for protection, sometimes so strong that he has to mobilize all his strength for this. It should be noted here that the criminal's anxiety is hypertrophied, since anxiety is simply a normal personality trait inherent in all people. The criminal's hypertrophied anxiety is formed by the feeling of alienation from his parents and a different microenvironment, from society, which he has on an unconscious level. The feeling of alienation arises from the fact that at an early age the individual is not yet able to consciously explain the processes taking place around him and protect himself from them. In the early stages, adaptation to the outside world should occur indirectly through adults, and not directly. If such an adaptation is difficult, then anxiety, anxiety, aggression towards the world that rejects through parents appear. Anxiety makes the offender feel threatened by the entire environment. The world seems to him vile, destructive and dangerous, people seem unworthy of trust, respect and love. The offender feels the need to defend himself against them by any means, including criminal ones. But the feeling of guilt in the case of committing a crime rarely arises in a criminal, since it is impossible to blame oneself in front of a world that has felt evil and cruel and dangerous since childhood. From here arises aggression, the roots of which come from childhood, when the child needed love and care, but did not feel protected by either parents or other people. Moreover, the level of anxiety in each criminal personality varies depending on the individual physiological characteristics of the individual, and on the degree of rejection by parents in childhood. Accordingly, as Kurguzkina E.B. notes, the nature of the methods of protection against imaginary danger also varies - from theft and theft to violent acts (robbery, robbery, in the most intense cases - rape and murder). In criminology, the personality of a criminal is one of the central objects of study, since it is precisely its criminological features that are the cause of criminal acts. Consequently, the study of the personality of a criminal in criminology is aimed at identifying and evaluating those of its properties, features and traits that give rise to criminal behavior and to which preventive efforts should be directed. This, of course, does not diminish the importance of external social factors that affect the offender, shape his personality and can contribute to the commission of a crime. Thus, in general, the personality of a criminal can be defined as the personality of a person who has committed a crime due to his specific psychological characteristics, along with his negative attitude to moral values, antisocial views. The identity of the offender is the bearer of the causes of the crime. The formation of the personality of a criminal is a complex process of socialization, during which a person assimilates a set of antisocial views and ideas. Consequently, the socialization of the offender is negative. Most often, negative socialization occurs in families in which a criminal and criminal environment reigns, for example, in families with parents who have a criminal record or parents with alcohol addiction. One of the main personality traits of a criminal is hypertrophied anxiety, which arises due to a lack of a sense of security in childhood and adolescence, and which, having gained a foothold in the subconscious, can lead a person to commit antisocial acts and crimes. 2. The role of the family and the family atmosphere in shaping the identity of the offender and his illegal behavior 1 Unfavorable personality formation under the influence of the family Earlier it was noted that the identity of the offender is formed as a result of negative socialization. The process of socialization, as Kurgazkina E.B. notes, continues throughout the life of an individual with varying degrees of intensity. However, the active process of socialization takes only a certain period of time necessary for the perception and consolidation of a set of norms, roles and attitudes, and falls on childhood. Socialization that takes place in childhood is usually called primary. Primary socialization is the assimilation of moral norms and rules of behavior by the child and begins as early as in preschool age. Primary socialization plays a special, most important role, since during this period the child assimilates images, behavior, typical reactions unconsciously, focusing on the behavior of elders, most often parents or persons replacing them. The parent family is a special biological, psychological, social and economic system, acting as the main conductor of a person in society. Including children in its psychological structure, the family literally "through itself" introduces the child into the structure of society, lays the moral and value basis of the child, which determines his further behavior at a more mature age. The family lays socially approved behavioral attitudes into the system of value orientations. Subsequently, in accordance with a strengthened habit, the individual automatically avoids socially unapproved behavior - this is the so-called avoidance reaction, which E.B. Kurgazkina speaks about. in his work "The identity of the offender: issues of formation." Throughout a person's life, various social groups influence the formation of the avoidance reaction, however, it is the family that lays the primary foundation, through the approving or disapproving reaction of parents to this or that behavior. Each member of the family naturally plays a certain role in meeting the vital needs of the child. In the first periods of life, the mother has the most significant influence, who cares for the child and gives him the first intense emotional stimuli. The significance of the father as a figure who provides a certain type of behavior, which is a symbol of authority, confidence and reliability, is realized later, but also in the early years. The distribution of roles in the family has a significant impact on the formation of the child, since the child learns those behavioral attitudes of the parents that he is used to seeing. Starting from childhood, boys most often identify themselves with their fathers, that is, they imitate, first of all, men, and girls, accordingly, imitate their mothers to a greater extent, perceive feminine qualities. However, one cannot say that the role of the father is great only in the upbringing of the boy, and vice versa, the role of the mother is in the upbringing of the girl. Father and mother in everyday life complement each other, each having its own individuality. It is believed that the father brings strictness, firmness, adherence to principles, organization to the educational process, while the mother brings kindness, attention, care and compassion. That is why it is believed that the educational process in single-parent families has a number of features. The loss of one of the parents threatens with the loss of a significant part of the world of moral and emotional relations. One parent is not able to give the child two different models of behavior (male and female), therefore, as Borbat A.V. and Ilyashenko A.N., the educational potential of an incomplete family is pedagogically and morally and psychologically limited. Moreover, in an incomplete family, the remaining parent has to take on the solution of all material and everyday problems, as a result of which the parent often simply does not have enough time and energy to fully educate the child. The financial situation of families with one parent often turns out to be worse than that of complete families, which can form envy, greed, cunning in a teenager and lead to the commission of a crime of a mercenary nature. One of the main reasons for the formation of incomplete families is divorce. Divorce is not only the formal and legal termination of the marriage union, it is, in the vast majority of cases, also the destruction of the family. The divorce of parents in families where children are still at preschool or school age, when their emotional world is rather fragile and unstable, leaves an indelible mark on the child's psyche, a kind of mental trauma. It is not uncommon for a parent who stays with a child to develop new intimate relationships, cohabit with new people, or seek to re-start a family through a new marriage. In this case, it can be very difficult for children to establish an emotional connection with new partners of their parents, since the psychological trauma from the breakup of the parental family still has an impact on the psyche. As a result, because of the fear of losing the love of a father or mother, the child develops a feeling of jealousy, and emotional closeness with the parent is threatened. Adolescents become more aggressive and cruel, and in an attempt to attract the attention of a parent or express their protest to them, they are able to violate the norms of morality and morality, and in some cases to commit a crime. Of course, life in a family with a vivid example of antisocial and marginal behavior (for example, with a father suffering from alcohol addiction or prone to violence) carries a much stronger criminogenic charge than a divorce in the name of restoring a normal educational atmosphere. However, women usually decide to divorce only as a last resort, when a negative behavior model has already been established in the subconscious of the child and it is almost impossible to neutralize it. Chronic family conflicts, especially between parents, concern not only and not so much the spouses themselves as their children, since tense relationships between parents destroy the warm and favorable psychological microclimate in the family. In a family where there is emotional coldness between spouses, children most often grow up in conditions of indifference and alienation, they receive less love and affection. Such an emotional climate negatively affects the formation of personality, leads to the formation of emptiness and cruelty, which determine the commission of crimes. Alienation and the absence of a strong warm emotional connection in the family lead to lack of control and neglect of children. The result of neglect is often the departure of teenagers to the street, their vagrancy. Thus, they seek to resolve the life difficulties that have arisen associated with the lack of emotional connection with their parents, conflicts in the family. At the same time, the less communication with parents, the easier it is for teenagers to leave home. Leaving home often pushes teenagers to early use of alcohol and drugs, committing administrative offenses, and early sexual intercourse. It is the family and family education that are considered as one of the key links in the causal chain, which ultimately leads to criminal behavior. At an early age, children try to imitate their parents, follow family traditions. The manner of communication of parents, their moral orientations and the level of spiritual values throughout almost the entire childhood are perceived without criticism. The child himself has not yet developed critical thinking, he does not know how to question the actions of his parents and his immediate environment. Criticism from the outside is inaccessible, since the child spends all the time surrounded by his family, seeing only his own family atmosphere, perceiving it as a role model. Thus, the child is completely dependent on his family, instilling skills and stereotypes of behavior that carry a criminogenic charge. It is quite natural that when the way of life of the person himself and his environment is immoral, then the personality that is formed in such conditions has an antisocial attitude and a tendency to commit crimes. It is necessary to understand that in order for the impact on the child's personality to have a negative connotation, parents do not have to directly teach children a criminal lifestyle. The immoral way of life of the parents, against which the child is brought up, is almost as important as the direct attitude of the parents towards their child. Moreover, the behavior of parents in relation to children often even plays a predominant role, in comparison with the general immoral behavior of parents. So, for example, according to Krymkin V.V., in families with a respectful and warm attitude towards children, the latter more actively develop positive qualities of character, such as benevolence, attentiveness, the ability to resolve conflict situations, the ability to empathize, etc. And vice versa, the less care, affection and warmth a child receives, the slower he is formed as a person. Hypo-custody, that is, lack of attention from parents and low frequency communication with them, becomes the cause of the so-called sensory hunger in children. The child is slowly formed as a person, he does not develop feelings of empathy and compassion for other people. All this is referred to as emotional coldness. The lack of empathy skill explains the genesis of many violent and mercenary-violent crimes: the offender is unable to identify himself with the victim, he cannot put himself in her place. At the same time, underguardianship can arise for external, objective reasons that are in no way related to the immoral or asocial behavior of parents, for example, due to the heavy workload of parents at work, long business trips, complex chronic diseases, etc. In addition, in the absence of warm emotional relationships, there is often no purposeful moral education, that is, parents do not teach the child from the first years of life to perform the simplest duties to others and observe moral standards. Eminov E.V. and Antonyan Yu.M. note that already in adult conscious age, a person often reflects in his behavior what was imprinted in his psyche during the period of early socialization at a subconscious level. For example, it is not uncommon for parents, protecting their child from peers and pursuing a seemingly good goal, at the same time resort to violence and obscene abuse. Teenagers, on the other hand, absorb what they see and subsequently act in a similar way in similar situations. Such families assert immorality, the cult of violence in interpersonal relationships with others. However, the repetition of parental behavior is most likely only in cases where the child or adolescent has emotional contacts with parents or other older relatives, family members. If there is no such emotional connection, then the likelihood of repeating the behavior of parents decreases. Thus, in the early period of socialization, the pattern of parental behavior becomes the usual norm of behavior and attitude towards oneself and others for the child. That is why family trouble becomes one of the main reasons that determine the dynamics of the criminal behavior of minors. The determining element in this case is not individual elements of everyday life, but the family atmosphere as a whole, born from the interaction of all its members. The family and the atmosphere in the family, which influence the formation of moral values, are a kind of “screen” through which the study of the features of existence in the surrounding society takes place. It is in the family that peculiar "moral restraints" are laid, which remove or, conversely, push a person into the world of crime. At the same time, the factors influencing the formation of a predisposition to antisocial behavior in adolescents are diverse. They can be the lack of warm emotional contacts in the family as a whole, and intra-family attitudes towards immoral behavior (if there is a proper emotional connection). In the course of the study, Drozdov T.M. created a classification of the causes of antisocial behavior of minors. This classification distinguishes five types of conditions of upbringing in the family, leading to negative changes in the characters of adolescents. First type. Families in which the child is corrupted by parents, guardians or relatives. At the same time, the influence on the child can be both passive, when the child’s childhood proceeds against the background of regular fights, offenses, drunkenness, and active, in which there is a direct involvement of the child in antisocial actions, or incitement to such. Second type. A situation in which there are no parental feelings in the family. That is, when parents see the child as a kind of burden, rejecting him. Rejection can be either explicit or implicit. Explicit rejection is present, as a rule, in marginal families with parents who drink or use drugs, parents who lead an immoral or antisocial lifestyle. In such families, parents most often do not need a child, they can be treated cruelly, beaten, not fed, forced to take care of themselves and provide for themselves by begging or stealing. Such a child will subsequently not be able to establish normal relations with the microenvironment, expecting a threat to himself from it. The hidden form, in which the relationship between parents and children is neutral, is much more difficult to detect. In such families, relationships do not have any emotional coloring, each family member lives only in his own way, not being interested in the life of another. Such relationships are often hidden by both parents and children, and often unintentionally. These families are usually outwardly absolutely prosperous, with good material prosperity. However, the child is rather the result of a traditional view of the family, an attribute that every family needs to have. No one is purposefully raising a child, and parents are more likely to worry only about satisfying his material needs, without instilling in him the need to observe moral standards and fulfill the simplest basic duties to others and to society. Essentially, parents show indifference to how the child will grow up. Third type. Lack of proper parental control behind the child's daily routine, his activities and interests, his environment and friends. The child in such cases is left to himself. Moreover, lack of control, neglect takes place both in single-parent families and in complete families, in addition, it is typical for large families. Borbat A.V. and Ilyashenko A.N. define neglect as the absence or weakening of observation of the behavior of minors and the absence or insufficiency of educational influence on the part of parents or persons replacing them. Lack of control can also manifest itself in the absence of proper care and warm feelings on the part of parents. Such lack of control, especially in the case of large families, can also arise for objective reasons, for example, in connection with the growing concern for the maintenance of the family due to its increase, but it is always acutely felt by the children themselves. As a result, a distance develops between the individual and society. Orlova and Guseva point out that neglect and lack of proper family contacts are especially detrimental to girls. Almost all girls rejected at a young age begin their sexual life early, quickly become demoralized, their intimate relationships become promiscuous. It is extremely difficult for such girls to win the respect of others again, to return to a normal life. The so-called stigmatization, that is, social stigmatization, in relation to women is usually more persistent and destructive than in relation to men. Therefore, women who have acquired the "status" of prostitutes, drug addicts, etc. not just difficult to re-educate, often they themselves cannot find a place in normal human life. Fourth type. It is in some way the opposite of the third. In these situations, the child is spoiled, he is forgiven a lot by his parents, guardians and relatives. Often he is selfish and is the only child in the family. In families of this type, there is overprotection, when parents strive to prolong the serene childhood of their children as long as possible, completely remove them from household chores, do not impose any duties, fulfill all whims, regardless of whether it is a burden, economic or psychological, on parents themselves or not. This attitude is most common in families with one child. As a result, children grow up selfish, acquire a consumerist attitude to life and a dismissive attitude to work. Subsequently, their requests often do not correspond to material possibilities, which underlies the commission of crimes, especially those of a mercenary nature. Fifth type. It is characterized by situations when parents, guardians subjectively wanting to instill socially positive norms of behavior in the child, objectively achieve the opposite. One of the reasons for such results is an excessive commitment to authoritarian and despotic methods of influence. An authoritarian parenting style can lead to the formation of a personality prone to conflict. Parents who try to subjugate the will of the child, for the most part, form in him only external expressions of humility, bordering on cunning and duplicity. These children develop a sense of fear of punishment along with poor self-control, anxiety, suspicion, and sullenness. This type also includes situations where the child is the focus of various parenting methods. Many parents are simply not pedagogically educated, they lack a culture of education. No one purposefully and universally teaches how to be a parent, so many parents come to how to raise a child with their own mind. At the same time, they have nowhere to get the understanding that their educational methods are wrong and can have a detrimental effect on the child. Cases of a combination in various combinations of the listed types and adverse factors are by no means a rare phenomenon. And despite the fact that in most cases any factor is still primary, while the rest are derivatives of it, they should still be considered together. Any of the listed types of family trouble leads to the so-called "marriage" in educational work. As a result, the idea of duty and moral standards shifts in children. Chubarkin M.M. indicates a certain chain reaction that occurs as a result of such a "marriage": a mistake in education - a difficult teenager - a teenager's conflict with the adult world - an offense. The offense here is singled out as the final link in this chain, but it seems that this chain can continue when a person whose parents once made an educational mistake starts his own family, repeating the same mistakes, which will cause a new chain of reactions to arise. So, the process of socialization that forms the personality takes place most actively in childhood. Primary socialization begins as early as preschool age and is a process of unconscious assimilation by the child of moral norms and rules of behavior based on behavior and parents. The parental family has the duty to educate a person and introduce him into society, while instilling socially approved behavioral attitudes. Each of the parents within the family performs a certain role, so the breakup of the family or the shift in roles is painfully perceived by the child and can objectively affect the process of his upbringing. The criminal activity of minors is influenced by a number of factors related to intra-family well-being, such as the completeness of the family and the moral and psychological climate in it, the nature of the attitude of parents (or persons replacing them) to the child, as well as the availability of conditions sufficient for the normal development of minors and control sides of parents for the leisure and pastime of children. Accordingly, family trouble often causes delinquent and deviant behavior, which can develop into a criminal one. Following the example of Drozdov, all types of unfavorable upbringing in the family can be conditionally grouped into five types. In its pure form, all five types are rare, more often they are combined in various combinations, although one of the factors is still primary, and the rest are secondary, derived from it. 2.2 Features of the criminogenic significance of the family situation in adulthood Previously, only the effect that the family and family atmosphere has on a person during the period of its formation and active socialization, i.e. during childhood and adolescence. However, the family can act as a criminogenic factor during almost the entire life of an individual. At an older age, the influence of the family on the individual and pushing him to commit a crime is associated in most cases with family and domestic conflicts, especially between spouses. It is especially necessary to highlight such family and domestic factors that push to commit a crime, such as tense or conflict relations between spouses, together with a low level of communication culture, the socio-economic disadvantage of the family, mental or physical violence by the spouse and antisocial behavior of one of the spouses. The last two factors usually come from a man. Shestopalova E.R. identifies three stages of behavior associated with domestic violence: )The stage of increasing psychological stress. This stage is characterized by the presence of humiliation and insults, other forms of non-physical, psychological violence; )Stage of active violence with outbursts of anger, developing into direct physical violence; )Temporary reconciliations, after which the cycle of violence repeats again. In a person who grew up surrounded by people with a low level of culture and marginal inclinations, the significance of traditional values \u200b\u200bis depreciated, their own needs become paramount. Such individuals do not hesitate to use violence against family members and cohabitants who cannot resist due to their physical condition (children, women, the elderly, the disabled). One of the factors that increase the criminality of intra-family relations is alcohol addiction one of the family members. It is noteworthy that in many families where women committed murder, alcohol consumption occurred jointly by the spouses. At the same time, the very fact of long-term joint drinking of alcohol was the reason for quarrels and fights, often ending in acts of violence. Although, of course, not every joint drinking of alcohol by spouses ends badly. It is necessary to take into account the peculiarities of the psychological atmosphere in the family. In the so-called "conflict" families, alcohol exacerbates the atmosphere and aggravates the conflict. At the heart of any violence is a conflict of interests, and at the heart of the conflict is a misunderstanding by the parties of each other. In a conflict situation, neither side accepts compromise. Alcohol, on the other hand, exacerbates the emotional reactions of people, pushing them to an aggressive, often violent way of resolving conflict situations. Another reason for conflict is competition for leadership in the family. The traditional roles of men and women in the family, historically established and entrenched in the minds of people, are laid in the subconscious even during childhood and adolescence. In families with changed habitual social roles, where a weak male position is opposed to manifestations of female aggressiveness, there is a constant conflict situation. Role conflicts, displacement and destruction of the traditional roles of men and women often lead to the introduction of the latter to the use of alcoholic and drugs. The victims of male criminals in domestic conflicts are most often female family members. This is explained not by the victimhood and predisposition of all women to become victims, but by the presence of historically established and continuing to dominate in modern society double standards in morality and stereotypes of intersexual relations. The dominant power of men in cultural and socio-economic relations puts women in a situation of emotional and economic dependence, turning them almost into the property of men in the eyes of the latter. In societies based on the principle of male power relations, violence against women is often treated as a completely legitimate phenomenon. Among men's crimes, crimes related to sexual violence should be singled out. Almost all crimes of this kind are based on the mechanism of hypercompensation - the hypermasculinity of a feminine man. In the families of such persons, one often encounters dominance on the part of a woman (mother or wife), who turns out to be morally and physically stronger than a man. This situation causes aggression directed at a woman. However, in relation to a significant and stronger woman, a man cannot show aggression, as a result of which he transfers it to the victim of rape, which in this case is a female symbol. The act of sexual violence in such crimes is rather the desire of a man to assert himself in the male sexual role than the need to satisfy purely sexual needs or the need to carry out violence. Historically, male patterns of behavior are involuntarily accepted as universal, while the functional, psychological and social characteristics of women are most often not taken into account in large-scale generalized studies. Which seems to be fundamentally wrong, because it affects the quality of crime prevention. For this reason, further discussion will focus on female crime. In the analysis of the mechanism of a crime committed by a woman, the microsocial environment, the family in the first place, plays a more significant role than in a crime committed by a man. Moreover, life situations themselves are perceived by women somewhat differently than men; women react more sharply and emotionally to the negative aspects of the surrounding reality. The psychological trauma associated with conflicts can be deeper and more protracted in women. As Krymkin V.V. notes, their unlawful actions are often defensive in nature, aimed at protecting themselves or their families from a situation that they regard as threatening. And this feature women is connected not only with their biological and physiological characteristics, but also with the fact that they occupy a different position in the family, household and labor sphere than men, and perform qualitatively different functions in raising children and providing for the family. The motive of self-interest-need acquired special meaning currently. This is explained by the fact that recently the standard of living in the country has declined and a considerable number of families have actually found themselves in conditions of poverty. In many cases, wages struggle to meet even the most basic minimum needs. Since the family traditionally occupies one of the most important places in a woman's life, the relationships between its members have a formative influence on a woman's behavior. The crisis of the family deprives a woman of her habitual and socially approved living environment, affecting her criminalization. The weakening or even destruction of the family means that the woman ceases to fulfill or poorly fulfills her roles and responsibilities. Popova notes that the psyche of women is more vulnerable than that of men, therefore, unsettling family circumstances (divorce, family dramas) are more capable of causing a woman to embark on an immoral path of behavior. So, in a number of cases, after a divorce, mothers acquire features of immoral behavior, an immoral lifestyle, which, in turn, adversely affects the moral formation of children raised by such a mother. Moreover, it is family troubles that most often cause women to begin to abuse alcohol, and as you know, women get used to alcohol and become chronically ill much faster. The dynamics of the course of alcoholism in women is more malignant, with the rapid development of moral and ethical degradation, a sharp narrowing of the range of interests, coarsening, the extinction of family ties, and a sharp intellectual decline. Alcohol belongs to drugs affecting the central nervous system a person, causing a decrease in attention and mental performance, reducing the accuracy of movements. Instead, alcohol causes swagger, false feelings of bravery, and excessive boastfulness. The systematic regular use of alcohol leads to a change in the nature of material and spiritual needs, forming base motives and promiscuity in the means for their implementation. Thus, the formation of antisocial traits in women who abuse alcohol, and, as a result, the commission of crimes by them, is much more likely. Particular attention should be paid to violent crimes committed against a spouse or partner. Often such crimes are situational in nature. They are a reaction to infidelity, alcoholism or bullying by a husband or cohabitant. These circumstances most strongly affect the mental state of women, lead to the accumulation of negative emotions. Repressed or hidden negative emotions accumulate until they spill out in the form of family scandals, which can end in bodily harm or murder. The importance of the family environment for a woman is expressed in other ways. In most cases, the criminal activity of women is determined by their immediate environment, most often by men (husbands, cohabitants, lovers), less often by other relatives or relatives and children. The acts of aggression themselves most often take place in a domestic environment, usually burdened with various social anomalies, a dysfunctional environment. At the same time, men can act both as instigators of criminal acts, and as a background pushing for criminalization. One of the characteristic factors in the commission of a crime by women is the painful perception of moral and physical dissatisfaction, which pushes women onto the criminal path of resolving such conflicts. The fear of losing a loved one often leads to serious crimes. It is noted that in most cases the man was either an accomplice or organizer, initiator of the crime, or in some way provoked the woman to commit it (for example, beatings, insults, betrayals). In cases where a man involves a woman in the commission of a crime, the woman is psychologically dependent on the man and values their connection very much. This is noticeable both during the commission of the crime and during the investigation and trial. If the attachment is strong, the woman tries in every possible way to shield her accomplice, especially at the stage of the preliminary investigation. Initiation to the use of narcotic drugs most often occurs under the influence of male drug addicts from the close circle of a woman. The same applies to chronic alcoholism. In addition to such a direct connection between a woman's mental discomfort and the crime she committed, there is also an indirect one. It is based on the system of value orientations of a woman, in which, often, circumstances related to marital status take a very important place, this is both the presence or absence of a husband or children, and the presence of negative or positive prospects for the development of family relations. Thus, the family can act as a criminogenic factor during almost the entire life of an individual, while at a more mature age, family and domestic conflicts acquire special significance. At the same time, cyclical stages of behavior leading to domestic violence can be distinguished. Male patterns of behavior are accepted as universal, while female crime has its own characteristics that must be taken into account, especially when developing measures to combat crime. So, for women, the microsocial environment, especially the family, is much more important, and all conflicts are experienced more emotionally and longer. 3. Issues of protecting the preventive impact on the family 1 Legislative consolidation of family and childhood protection The family is one of the oldest social institutions of society, its basis, since it is the primary form that qualitatively distinguishes society from a pack of animals, and the initial stage of human socialization. As noted earlier, the family most actively influences a person during his primary socialization, that is, in childhood, when the child actively learns patterns of behavior and moral and value standards. Therefore, crimes committed against minors and minors should be considered as having an increased public danger, since the victims in them are representatives of the most vulnerable, dependent and unprotected segment of society - children. Based on this, it is not surprising that all international community understands the impossibility of overestimating the influence of family upbringing on the formation of the legal consciousness of a minor. This conclusion is confirmed by the Convention on the Rights of the Child of November 20, 1989, which entered into force on September 2, 1990, the preamble of which states that “the family, as the fundamental unit of society and the natural environment for the growth and well-being of all its members and especially children, should be provided with the necessary protection and assistance so that she can fully assume her responsibilities within society... The child, for the full and harmonious development of his personality, needs to grow up in a family environment in an atmosphere of happiness, love and understanding. This convention proclaims the priority of the interests and welfare of children in all spheres of the life of the state, speaks of the need to protect children from cruel treatment by persons called upon to take care of them. The Convention notes that children are physically and mentally immature, and therefore they need special protection and care, including adequate legal protection, both before and after birth. This provision should be taken into account when solving any problems of childhood. In Russia, the issue of child protection is given insufficient attention. The entire array of laws and targeted programs on this topic is, in fact, declarative in nature, not being implemented in full. In Russian legislation, the norms for the protection of the family and childhood can be found in the Family and Criminal Codes. So, in Art. 1 of the Family Code, it is indicated that "family, motherhood, fatherhood and childhood in the Russian Federation are under the protection of the state." In addition, the Family Code declares the need to strengthen the family, build family relations on feelings of mutual love and respect, mutual assistance and responsibility to the family of all its members. Article 31 of the Family Code of the Russian Federation specifically emphasizes that spouses are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, to promote the well-being and strengthening of the family, to take care of the well-being and development of their children. As a punitive measure, family law provides for the deprivation or restriction of parental rights, if this is necessary in the interests of protecting the child (Article 69, Article 73 of the RF IC). Among the circumstances that are the reason for the deprivation of parental rights, it is especially worth emphasizing child abuse, including physical and mental abuse, and the illness of parents with chronic alcoholism or drug addiction. The criminal law, in turn, is called upon to respond to the most gross cases of violation of family relations, the rights and interests of minors, and to prevent the spread of negative phenomena in the family. The result of improving legislation in this area is the introduction of Chapter 20 into the Criminal Code, which is called “crimes against the family and minors”. The introduction of this chapter is explained by the spread and intensification of crimes against minors and their special public danger. The group of crimes against the family and minors includes eight criminal law norms: )Involvement of a minor in the commission of a crime (Article 150); )Involvement of a minor in committing antisocial acts (Article 151); )Retail sale of alcoholic products to minors (Article 151.1); )Child substitution (art. 153); )Illegal adoption (adoption) (Article 154); )Disclosure of the secret of adoption (adoption) (Article 155); )Failure to fulfill the obligations of raising a minor (Article 156); )Malicious Evasion from the payment of funds for the maintenance of children or disabled parents (Article 157). Criminal legislation to a certain extent protects minors from criminal attacks with the use of cruelty. This is confirmed, among other things, by Art. 156 of the Criminal Code of the Russian Federation. Thus, in the Russian Federation, the process of formation of the identity of minors, their health, life, honor and dignity, their sexual integrity and personal freedom are protected. At the same time, Art. 156 of the Criminal Code provides for a maximum punishment in the form of restriction of freedom for up to three years, which has an extremely low preventive value and in fact, in the vast majority of cases, does not contribute to the real suppression of the commission of such crimes. There is no legal definition of the concept of “crimes against minors” in the law, and an analysis of the norms of the Special Part of the Criminal Code shows that crimes against minors are not limited to the offenses specified in Chapter 20. As a result, the question of what is meant by crimes against minors, which groups of assaults form this group and how to classify them is still open. So, Yu.V. Nikolaev distinguishes four groups of crimes against minors: )Crimes related to the involvement of minors in the commission of crimes and (or) antisocial actions; )Crimes against the personality of minors; )Crimes against the mental and physical development of minors; )Offenses related to violation of interests and property rights minors. Of course, the above classification is not the only one; if desired, it can be expanded. Fundamental will always be the grounds on which a particular crime can be included in the list of attacks on a child - harm or threat of harm to the rights and legitimate interests of the child. The core of this group of crimes will be those compositions in which a minor victim is considered as a mandatory or qualifying feature of the object of the crime (Articles 131, 132, 134, 135 of the Criminal Code of the Russian Federation). It must be understood that in the case of attacks on minors, the specific negative consequences of criminal acts are not always manifested immediately and directly, sometimes it seems difficult to establish them, especially considering that there are no reliable criteria for determining such consequences, and that they often manifest themselves after quite a long time, in adulthood. At the same time, art. 2 of the Criminal Code does not provide for the protection of a minor as a special object. Accordingly, crimes against minors and minors committed with the use of cruelty are not recognized by the legislator as acts of increased danger. Given the dependence of minors, their moral instability and physical incapacity, as well as incapacity, such an omission seems unacceptable. Crimes committed against minors with the use of cruelty should not be considered as crimes of medium or small gravity. The characteristics of the victim - the child - should automatically translate them into the category of serious crimes. So, speaking about the protection of the family, first of all, you should pay attention to the most vulnerable members of family relationships - children. Child protection is carried out both at the international and domestic levels. In Russia, the norms for the protection of the family and childhood are contained in the Family and Criminal Codes. The Family Code establishes the rights and obligations of parents and children and provides for the possibility of depriving or restricting parental rights. The criminal law responds to the most severe cases of violation of family relations, listed in chapter 20. However, it is noted that the implementation of laws and targeted programs in practice is poor. Insignificant state support for the family leads to the weakening of the parental family as a basic institution responsible for the formation of the individual and his sense of justice. The growth in the number of broken families and families characterized by moral trouble deprives children of normal conditions for upbringing. 3.2 Measures and ways to prevent unfavorable personality formation in the family The family is capable of exerting a criminogenic influence on a person throughout almost his entire life. However, as shown above, it has the most active and negative effect during childhood. Search for the optimal model of social and legal protection family and child, which would provide favorable conditions for the life and development of the younger generation and at the same time would contribute to the protection of the rights and interests of the child from various forms of violence and exploitation has been going on for several decades. During this period, our country has made certain efforts to improve the legal framework in the field of child protection and protection, but all the measures taken have not brought significant success in this area. The number of families with unfavorable conditions, as well as the number of street children, continues to grow. The level of domestic violence against children is also not decreasing. The elimination of the family as the most important social institution, the institution of socialization and upbringing of the child, requires a state response. However, it is difficult to have a correlational effect on the family for two reasons: the complexity and duration of the upbringing process and the complexity of social control of the family and household sphere. In order to more successfully combat the negative impact that the family atmosphere can have on the formation of the personality of the offender, it is necessary to take a number of different measures. One of these measures is the study and study of the lifestyle of the family of criminals, especially when it comes to juvenile delinquency. It seems reasonable to create research centers on problems of violence, which could conduct regular monitoring of legislative and law enforcement practices on protection against domestic violence, paying special attention to the activities of the prosecutor's office and the police. Based on the results of the research, it is useful to develop educational programs and trainings on the prevention of domestic violence, taking into account the experience of foreign countries. At the level of the Russian Federation and at the level of constituent entities, it is necessary to develop and implement targeted programs to increase the level of legal awareness of the population, both of its adult part and minors, during which to teach the population to correctly evaluate certain behaviors and their consequences. Talanov S.L. proposes to introduce in schools a compulsory discipline that studies the sociology of the family, in which adolescents will be given the knowledge, skills and abilities necessary in the family, the study of which will lead to a reduction in negative family phenomena (including physical, psychological, economic violence). It is necessary to develop the institution of family and child psychologists. In many schools and kindergartens, where these positions exist, they are mostly nominal. Meanwhile, these employees should work directly with children and adolescents, identifying conflicts in families and helping with their overcoming and elimination. Child psychologists should be able not only to identify those children who need help, but also to apply corrective measures to them. In addition, the work of psychologists should include the implementation of rehabilitation programs aimed at helping children, stabilizing their mental state and resocializing them. This activity of psychological services should take place in close contact with teachers and parents. As regards the latter, parents cannot, without proper reason, be reproached with malicious or deliberate evasion of their duties of education. In the vast majority of cases, they are simply pedagogically untenable, do not have sufficient knowledge to understand what methods are acceptable in educational work. So, many families are characterized by the use of "forceful", violent methods of education, rather than psychological ones (for example, the method of verbal persuasion). Thus, work with parents is essential. One of the priority tasks of victimological crime prevention should be control over children from dysfunctional families and over the families themselves. This control should be carried out by law enforcement agencies and institutions related to work with children (guardianship and guardianship authorities, educational and medical organizations, organizations providing social services, etc.). At the same time, not only ordinary married families with children, but also foster, adoptive, and cohabiting families should be subject to control. It seems necessary to normalize the living conditions and upbringing of children and adolescents, by providing legal impact on persons who are obliged to carry out their upbringing, but maliciously do not fulfill their obligations. Thus, we can distinguish the following sequence of actions to improve the situation in the family: )Identification of dysfunctional families; )Diagnosis of family trouble; )Implementation of preventive measures to normalize the microclimate in the family; )The adoption of administrative and criminal law measures aimed at parents who maliciously violate the duties of raising children. Identification of families in which parents do not provide proper upbringing of children or do not provide adequate conditions for the life and development of minors is a laborious and complex process, which consists in collecting and analyzing information of various content from numerous sources. The lack of a proper system of resocialization of minors who have returned from educational colonies acts as an additional criminogenic factor influencing the growth of relapses. Rehabilitation centers organized at the place of residence of minors should solve the problems of socializing minors, preparing them for life after their release from the colony, helping them in finding employment, finding a permanent place of residence. Successful implementation of preventive tasks requires a large-scale approach, during which prevention will be introduced not only into social, but also into law enforcement practice. In this regard, it is important to organize the interaction of law enforcement agencies with all other organizations and services that have the necessary information (educational and healthcare institutions, institutions of social protection of the population), as well as the development and implementation of new methods of such joint work. Based on the results of joint work, it is necessary to create a regional system for the prevention of domestic violence, provided: objective coverage of the state of affairs in the field of domestic violence in the media; databanks to record victims and perpetrators of domestic violence. It seems reasonable to cite the example of Canada, which has and successfully implements a system of immediate response to domestic violence. As part of this system, portable equipment is installed in the homes of disadvantaged families, instantly transmitting a signal of danger to the police. Volkov K.A. proposes to supplement the criminal law with an article “Non-reporting about the commission of especially grave crimes against a child”, the essence of which will be to introduce criminal liability against persons who knew about the commission of especially serious crimes against children, but did not report these crimes to law enforcement agencies. With all this, it is necessary to understand that crime determines a wide range of social factors that must be eliminated in the aggregate. For example, such negative economic processes as inflation and rising prices have their effect throughout the country and affect the most vulnerable layers. Not only does poverty affect the vast majority of citizens individually, it can also cause negative changes in families, making them more marginalized. Poverty brings material needs to the fore, crowding out spiritual ones. Poverty, under which the personality of the offender was formed and which acted as one of the determining factors, remains after the commission of the crime and after serving the sentence for the crime committed, and therefore, it can still lead to further crimes. Thus, it is necessary to improve the economy in the country as a whole. So, the process of forming the means of criminal law and special criminological protection is far from complete. It is necessary to make certain adjustments to the criminal legislation, as well as to make efforts to form advising federal and regional targeted preventive programs. In addition, it seems necessary to create certain organizational structures at all levels, the main task of which will be to take care of the family and minors, prevent the involvement of children in criminal activities, and coordinate all subjects of preventive activities. )It is necessary to raise the material level of the population's well-being; )It is necessary to carry out serious preventive work with families of the so-called risk group (presence of family members with alcohol or drug addiction, previously convicted family members); )The rates of psychologists in kindergartens and schools should begin to function fully, ceasing to be nominal; )It is necessary to create a certain state structure that will deal with the issues of moral and legal education of the population. Conclusion familial criminal antisocial socialization The family is one of the basic, basic institutions of society; relations related to the family are regulated by many different branches of law. However, a clear definition of the concept of "family" has not yet been fixed either in scientific research or in legislative acts. Among the sciences that study family relations, one should especially highlight family criminology, which studies the criminogenic factors of the family atmosphere. As for the identity of the offender, it has always been of particular interest, since it is she who is the bearer of the causes of the crime. The identity of the offender is formed in the course of a complex multifaceted process of negative socialization, during which he assimilates a complex of antisocial views and ideas, behavior patterns. The most active process of socialization occurs in childhood, which is why it is believed that the family and family problems play a special role in the formation of marginal inclinations in the individual. During primary socialization, which begins as early as preschool age, moral norms and rules of behavior are acquired unconsciously on the basis of the behavior that parents demonstrate. At the same time, parents play different social roles, and the disintegration of the family or the shift in roles in most cases negatively affects the process of education. Thus, in childhood, criminal activity is influenced by a number of factors related to intra-family well-being, such as the completeness of the family and the moral and psychological climate in it, the nature of the attitude of parents (or persons replacing them) to the child, as well as the presence of conditions sufficient for normal development minors and parental control over the leisure and pastime of children. All types of family troubles can be conditionally divided into five types: )Families in which the child is corrupted by parents or other close relatives; )Families in which there are no parental feelings; )Families with no parental control; )Families in which the child is overspoiled: )Families with the wrong upbringing culture. However, the criminogenicity of the family is not limited to childhood. At a more mature age, family conflicts acquire special significance, and the importance of the family in the life of a man and a woman is different, as well as the emotional reaction to family troubles. This must be taken into account when developing measures to combat crime. At the moment, the protection of family and childhood at the domestic level is carried out on the basis of the Family and Criminal Codes, however, it is noted that the laws are not fully implemented. Moreover, the importance of the parental family as a basic institution is declining, while the number of dysfunctional and broken families is growing. This deprives children of normal conditions for upbringing and requires the earliest possible response from both the state and society. The process of forming means of special criminological protection is far from complete. The process of creating a successful mechanism for combating crime should not be limited to improving legislation and creating special organizational structures designed to control preventive activities. The process of improving the family atmosphere should be considered on a larger scale and begin with the improvement of the economy throughout the country. In order to increase the level of positive influence of the family on the formation of the legal consciousness of minors, it is necessary to implement the following series of changes: )Raise the material level of the population's well-being; )Carry out serious preventive work with families at risk (presence of family members with alcohol or drug addiction, previously convicted family members); )To improve the work of psychologists in kindergartens and schools; )Create a certain state structure that will deal with the issues of moral and legal education not only for minors, but also for the adult part of the population. Literature 1)Kudryavtsev V.N. The struggle of motives in criminal behavior. M.: NORMA, 2007. 128s. )Antonyan Yu.M. Criminogenic influence on personality at the stage of early socialization // Lex russica. 2013. No. 7. S. 735 - 741. )Bersey D.D., Serbina I.A. Alcoholism and violent crime of women in families // Society and Law. 2009. No. 5. S. 198 - 200. )Borbat A.V., Ilyashenko A.N. Family lifestyle and juvenile delinquency // Russian investigator. 2007. No. 17. S. 25 - 30. )Volkov K.A. Crimes against minors: issues that need to be addressed // Issues of juvenile justice. 2014. No. 3. P. 4-7. )Volkonskaya E.K. Poverty in determining the recurrence of violent crimes // Lex russica. 2013. No. 10. S. 1124 - 1133. )Drozdov T.M. Classification adverse conditions family education in the formation of the personality of a juvenile delinquent (based on the materials of a criminological study in Krasnodar) // Russian investigator. 2012. No. 23. S. 51 - 52. )Ivashchenko N.P. To improve preventive activities in the sphere of the family-microgroup as an object of criminological research // Society and Law. 2008. No. 3. S. 70 - 73. )Ilyashenko A.N., Shmarion P.V. Criminological characteristics of victims of domestic violence // Russian investigator. 2005. No. 5. S. 33 - 37. )Isaev N.A. Psychological and pathopsychological features of individuals with violent forms of criminal sexual behavior // Legal Psychology. 2006. No. 2. S. 73 - 76. )Kosheleva E.V. Family trouble as a factor of repeated juvenile delinquency // Russian investigator. 2015. No. 14. P. 8 - 11. )Krymkin V.V. Woman-criminal // Magistrate. 2008. No. 12. P. 15 - 17. )Kurguzkina E.B. The identity of the offender: issues of formation // Russian investigator. 2008. No. 24. S. 41 - 46. )Mironova T.N. Socio-legal nature of understanding the category "family" // History of State and Law. 2007. No. 24. S. 89 - 93. )Orlova Yu.R., Guseva O.N. Criminological features of the personality of female minors who have committed mercenary-violent crimes // Legal Psychology. 2008. No. 4. S. 74 - 77. )Ostapenko N.I. Influence of the family on the personality and behavior of minors committing illegal acts // Legal world. 2009. No. 10. P. 40 - 42. )Pakhomova E.V. Socio-demographic and moral-psychological circumstances in the aspect of personal victimization // Society and Law. 2011. No. 2. S. 175 - 179. )Podolyuk M.L. Socio-demographic characteristics of the personality of a female killer // Russian investigator. 2010. No. 14. S. 33 - 35.
Criminogenic factors in the family - a catalyst for female crime
The relevance of the issue under study is due to the fact that the family occupies a central place in the life of most women. Many life problems and experiences for a woman, as well as joys, are connected precisely with this area of her life. At the same time, both positive and negative emotions are splashed out by women precisely within the family.
The analysis of family criminogenic factors characterizes the essence and types of family life circumstances leading to the commission of crimes. With regard to the institution of the family, the following reasons for committing crimes should be named: contradictions between men and women regarding the primacy in the family; differences in the financial situation of families; contradictions between the professional and family roles of women; decay couples; ideas existing in society about the place and role of men and women in the family and the method of resolving a family conflict permitted for each of them.
In a crime (mercenary or violent), a woman often finds a way to resolve the contradictions and conflicts that have arisen in the family. The peculiarity of female crime is that criminogenic factors in the family are among the first that lead a woman to a criminal path. As a rule, it is women who bear the main burden of responsibility for the atmosphere in the family, for the upbringing of the future generation. Often a woman is closed in a circle family responsibilities. The role of the family and family relations for her is largely decisive. The influence of the family in some cases is stronger than the influence of another social group in which a woman spends part of her time.
The family is a rather closed association of people, zealously defending its inner world, its mysteries and secrets, resisting external influences. At the same time, the family is an association of people, open to everything that happens in the world. The problems of society penetrate the family, the family is a part of society, its most important cell. It reflects all social processes, it experiences the effect of all social disproportions and contradictions.
Families that contribute to the fact that their members become criminals are divided into those that have a general negative impact and those that directly involve them in criminal activity. The general negative influence of the family is manifested in the stereotypes of cruelty, self-interest, the presence in the family of persons who have been brought to administrative and criminal liability. There are some differences between families that have mercenary and violent criminals in their midst. Among the mercenary, rudeness in domestic communication is observed several times less often, and conflicts are more often associated with material claims to each other * (1) .
Comparisons of the results of sociological surveys conducted in 1990 and 2004 showed that unfavorable "family demography" is a powerful criminogenic factor. If in 1990 over 60% of juvenile delinquents were brought up in a complete family, then in 2004 - less than half. During this period, excessive demands or indifference of parents have sharply increased and cases of kindness towards children have decreased, which indicates a deterioration in the microclimate in families as a result of the situation in society as a whole. The moral and legal image of the family, where juvenile delinquents were brought up, clearly indicates its negative impact on children. Over the years separating these two studies, the criminality of families has become even more aggravated. In especially difficult conditions, children were brought up, who later ended up in places of deprivation of liberty. Of these, half of the boys and 3/4 of the girls had previously convicted close relatives. According to research data, every third family (32.7%) reported drunkenness of their parents, almost every sixth family (16%) regularly had scandals and fights * (2) .
The absence of a father or his immoral behavior does not always shape the personality of the offender. Therefore, it would be more correct to consider that the decisive role is played not by the composition of the family, not by the relationship between the parents, not even by their unseemly or illegal behavior, but mainly by their emotional attitude towards the child, his acceptance or, on the contrary, rejection. The most dramatic situation is when the mother of the child acts as the rejector, since the relationship between the mother and the child is one of the cores of the formation of his character and psychology. This situation has a very strong psychological impact on girls, for whom the emotional connection with their mother is of particular importance, which later in their adult life can affect their behavior in their own family and in society. The term "non-acceptance" means such a mother's attitude towards her child, in which she is either unable or unwilling to understand him, or is not able to timely and accurately satisfy his needs, for example, in food, warmth, cleanliness, etc. Yu.M. Antonyan believes that it is the absence of a warm and cordial emotional attitude of parents towards their children that decisively determines the inappropriate behavior of a person in the future * (3) . He also notes that the significantly increased last years the aggressiveness and cruelty of women, expressed in the growth of violent crimes committed by them, are directly related to the violation of emotional communications in the family. It was the family that stopped properly teaching a woman compassion, sympathy, gentleness, and it should be noted that if she was not loved and cared for in her parental family, she is unlikely to be able to show proper love and care for her children * (4) . Individuals who have not received proper attention and care from their parents develop a strong sense of self-defense against any possible external adverse factors. This subconscious feeling of self-defense from the outside world, the constant feeling of the need to protect one's interests, can lead to the commission of a crime in the future.
The psychological alienation of the child by the parents is not the only reason for the formation of the personality of the offender. Often, criminogenic infection of a person occurs in a different way: the child and adolescent retain the necessary emotional ties with their parents, but it is the latter who often show him a disdainful attitude to moral and legal prohibitions, examples of illegal behavior.
Since parents, whether they want it or not, pass on their moral position, worldview and ideology, their idea of happiness and duty, their understanding of life goals to their children, it is obvious that the disorganization of relations in families painfully affects the younger ones, especially the psychology of growing girls, distorting their idea of the positive forms of behavior of a woman and her family functions. Being more receptive than boys, girls, as a rule, reproduce the stereotype of mother's behavior in their later life. Their own families are not strong. If the mother led an immoral lifestyle, drank, then the daughter usually chooses the same lifestyle for herself. Moreover, the more pathological the family atmosphere, the faster teenage girls embark on the path of immorality and delinquency.
The conflict atmosphere in the family, systematic quarrels between parents or close relatives in front of children or with their involvement in the conflict, aggravated by the presence of a difficult financial situation in the family, are criminogenic factors underlying criminal motivation * (5) .
Thus, the family from the very beginning, already at the stage of growing up and forming a personality, can become the catalyst that can lead a woman to a criminal path in the future. However, the attitude and connection with the parental family is not the only criminogenic factor in female crime. Often, a woman's behavior is much more influenced by the atmosphere in her own family, where she acts as a wife and mother.
A very negative impact on a woman's life is the lack of an internal, spiritual connection between spouses. According to available observations, the absence of such a connection often leads to prostitution of married women * (6) . The weakening or even destruction of the family inevitably means that a woman ceases to fulfill her original female roles and duties or performs them improperly. Those women who cease to feel their connection with the family are no longer guided by its traditional values and are often guided by random impulses and impulses * (7) .
Two causal lines lead to the commission of family crimes. One is the actual causes of family conflicts: the struggle for leadership, different views on the upbringing of children, relations with the spouse's parents, differences in views and value orientations. The other line is the causes of the external order*(8) . These two groups differ in the motivation of criminal behavior.
Studies show that about a third of the so-called family crimes are the result of inter-family group conflicts. Most often, these are murders and causing grievous bodily harm. Common motives: self-interest - 52%, hooligan motives - 20%, revenge, jealousy, envy, etc. - 16%, other motives - 12%. As for only “intra-family” crimes, here the motives are “broken down” to the details: resentment, revenge, jealousy, quarrel, but on the whole they fit into the framework of “personal hostility”. The criminal intent of pre-planned crimes manifests itself only in 10% of cases. About 90% of acts are situational, impulsive in nature with a sudden, indefinite, non-specific intent. In addition, practice shows that such negative phenomena as drunkenness, drug addiction, prostitution associated with the street originate in the family and manifest themselves most actively in it * (9) . Researchers note that unemployment, material need, drunkenness and sexual promiscuity, not only men, but also women, are increasingly becoming the causes of crimes in the domestic sphere. L.V. Serdyuk notes that up to 12% of the total number of domestic crimes in families is committed in connection with drunkenness and sexual promiscuity of women * (10) .
This wording of the motive for the crime as "hostile personal relations" has become standard. Behind it, as the study of criminal cases shows, the crimes committed by women are hidden:
On a purely household or family basis, as a result of personal conflicts in a household or family environment, where both parties are active participants - the victim and the accused;
On a household or family basis, where the accused is showing criminal activity (systematic drunkenness in the family, quarrels and scandals) * (11). Often the reason for committing a crime is the immoral or unlawful behavior of the victims. At the same time, women are more likely than men to commit crimes in the case of provocative behavior of the victim (18.8% more) or in response to an attack (3 times more)*(12).
Domestic violence is a strong criminogenic factor. It's in various forms in Russia in recent years has acquired proportions that threaten the very foundations of society's security. Women and children make up 70% of the victims of severe violence in the family. The number of lynching-reprisals against family tyrants has sharply increased. They are also committed by women who are desperate to receive protection from society from cruel treatment in the family.
Domestic violence is not a one-way process, but a complex relationship dynamic between two or more active agents. Assessments of domestic violence generally do not take into account the unique nature of family relationships. Aggression and domestic violence committed by women is an important component of the dynamics of this phenomenon. Women show aggression and violence in families as often as men * (13) . However, women's aggression is more often expressed not in physical actions, but in various forms of psychological violence, which is not a crime, but sometimes contributes to its commission, which causes a smaller proportion of female crime.
At the same time, T.M. Yavchunovskaya notes that women more often than men commit violent crimes on the basis of domestic conflicts, family troubles, intimate experiences * (14) .
As A.N. Ilyachenko, in every third case of family violence (35.7%) the perpetrator uses various kitchen utensils, household furniture, a baton, a metal pipe or fittings, etc., in every fourth case (27.1%) - a kitchen knife, only in 1.4% of cases - firearms or gas weapons. More often, these items and weapons are used by women * (15).
Among the criminogenic factors in crimes against husbands are the following: insufficient provision of money by the husband (75%); drunkenness of the husband (44%); housing disorder (28%); the preponderance of the wife's salary over the husband's salary (22%); divergence of spouses' views on the distribution of household duties (19%); insufficient authority of the husband (5-16%); the sole decision of the wife on the issue of the birth of a child (11%); 55% of husband-killers are categorically opposed to their husband's infidelities. By the day the crime is committed, wives experience the following feelings for their aggrieved husbands: contempt (44%); hatred (16%); antipathy (11%); respect (11%); sympathy (5%)*(16) . Attention is drawn to the fact that, according to research materials, among women who have committed spousal murder, as well as among women victims of such a crime, persons with a higher social status than their husbands predominate. This translates into a more prestigious profession, a higher salary, and so on. Under these circumstances, apparently, the development of a criminal situation is facilitated by the fact that a woman does not receive, within the framework of family life, the satisfaction of her need for a socially strong partner * (17) .
The most common cause of women's violent crimes against family members is their systematic immoral behavior. So, S. killed her husband, being in a state of passion, as the victim systematically drank, made scandals and fights at home, beat the children and drove her son to suicide. S. learned from her eldest daughter that the victim had tried to rape her and raped her younger daughter. In a state of shock, S. grabbed an ax and hit her husband lying on the bed several times, killing him. The Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation changed the sentence of the Ulyanovsk Regional Court, S.'s actions were qualified under Part 1 of Art. 107 of the Criminal Code of the Russian Federation. At the same time, the Supreme Court of the Russian Federation stated that the court did not properly take into account that the unlawful and immoral behavior of the victim caused a long-term psycho-traumatic situation in S.'s family, and the news of the rape of the youngest daughter suddenly caused S. strong emotional excitement, in which S. and committed a crime * (18) .
K. was found guilty of murdering her husband with particular cruelty, expressed in the fact that during a quarrel with the victim she threw gasoline from a can on him and threw a lit match. Her husband abused alcohol and beat her. On the day of the murder committed by K., the victim was drunk and made a scandal. K. discovered the loss of 20 thousand rubles intended for the purchase of food * (19) .
A woman's aggression can be directed not only at her husband, but also at her children. Often the reason for committing a crime against a child is a lack of understanding on the part of the husband, his jealousy or fear of some kind of reactions from the spouse related to intra-family relationships or situations in which children are also participants in addition to adults. The researchers note that in general, violent methods of education are more often tolerated by women (60.8%) than men (39.2%). Birth mothers are guilty of 66% of cases of physical violence and 75% of the facts of poor care and neglect of children, biological fathers - in 45 and 41%, respectively * (20) .
The financial difficulties of the family are especially difficult for women, since they will bear the burden of responsibility for the future of children in the first place. A low level of material security not only worsens the atmosphere in the family, creates tension in interpersonal relationships, but also pushes them to commit acquisitive crimes.
Women most acutely feel and experience the existing tension, social trouble, conflict. They are more receptive and vulnerable. It is on them, first of all, that the responsibility for raising children and providing them with everything necessary lies. The accumulation of negative emotions sometimes breaks through in the form of family scandals, violence directed at their loved ones and relatives. Crimes committed by women in the sphere of family and domestic relations serve as a means of psychological compensation.
Crimes are committed mainly in families with a low level of education, culture, where there is no respect for order and laws, and there is a disdainful attitude towards morality and morality. Emotional and material problems in the family often play a role in female crime.
Sh.U. Stepanyan,
Assistant Judge of the Kamensky Court of the Rostov Region
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Criminological interest in family problems is not accidental. For more than one millennium, the family, being the main structural link of the human community, reflects social processes, is amenable to their influence and, in turn, influences them.
In the modern period of the development of society, general social problems complicate the crime situation in the state and affect the possibilities of the family in the sphere of the full-fledged upbringing of children and youth. For example, in the economic sphere there are problems of employment and non-payment of wages, the deterioration of the demographic situation in the state. In the political sphere, there is a lack of an implementation mechanism public policy on child protection. In the cultural and moral sphere: the lack of due attention to the sexual education of children, the shortcomings of family education.
In criminology, the family also acts as an important preventive factor, thanks to which a person who has a tendency to illegal behavior can abandon his anti-social intentions. A number of studies show that men convicted of violent crimes, if they have a family, quite often characterize their family relationships negatively.
There is also an opinion in the literature that the presence of a family is also an anti-victim factor that helps prevent participation in a crime as a victim where this can objectively be done, avoiding provocative behavior. For example, women with families and children often cannot visit companies where sexual violence against them is possible. Relevant in the context of the study of family deviation is the issue of female crime.
Since family and maternal functions occupy an exceptional place in their lives, everything negative that comes from the outside is perceived by them as a threat to themselves and their loved ones. At the same time, the negative impact of women's criminal behavior on the moral atmosphere in society, the family, the moral and psychological state of children cannot be underestimated. While female crime rates are significantly lower than male crime rates, its negative consequences and impact on young people and society as a whole are more tangible.
It is necessary to consider the phenomena that disorganize family life and often serve as a catalyst for the emergence of a criminogenic situation. The tendency to disorganize people's sexual relations to one degree or another always continues to oppose the mechanisms of social regulation. In Ukraine, there is a legal ban on polygamy, contained in the Family Code, which prohibits entering into a new marriage without dissolving the previous one. However, no normative act establishes legal liability in the case of extramarital affairs between men and women. In criminology, as in psychiatry, crimes committed out of jealousy have long been investigated. If we are talking about a morbid state of mind that has arisen in connection with unfounded suspicions, then in this case, the intervention of specialists of the appropriate profile is necessary. But if we are talking about the existing violation of marital fidelity, then the question arises whether it is possible to correct the situation with the help of criminological measures. How to correlate the need to form from childhood in the process of sexual education the readiness for decent behavior in marriage, the need to show trust when creating one's own and the ability to show understanding if this trust is betrayed.
In our opinion, it is necessary to teach the younger generation that marriage is not a right to own a wife or husband; it is an alliance that is primarily based on trust. The biological, material and spiritual unity of spouses is what distinguishes a real family from temporary unions based on selfish, private property and other selfish interests. Adultery is difficult to experience, the support of the environment may be required, but it is not an excuse for harming the life and health of those involved.
One of the most typical symptoms of the disorganization of sexual relations in society is the widespread prostitution. The modern understanding of prostitution includes: 1) systematic, sexual intercourse with an indefinite circle of persons, not related to intimate feelings and individual choice of the object of intercourse, 2) sexual intercourse for money, material gain or benefit in another material sense.
Society often tries to find acceptable arguments to justify the existence of prostitution, to explain this by factors outside the sphere of social relations. The idea that she is driven to this difficult financial situation and unemployment seems to be erroneous, as well as the assumption that these women have hypersexual phenomena. We believe that in this case we are talking about a false system of values, lack of sexual education, extreme moral licentiousness, caused by a social environment where the cult of violence, lack of spirituality and lack of ideas reigns.
We should not forget about the so-called veiled prostitution. When women live in actual marital relations with men in order to obtain certain material benefits.
One of the most subtle forms of sexual speculation is pornography. Today, porn products have flooded the media, the Internet, where it is difficult to hide from the constantly attacking sexual unruliness. If the influence of pornography on an adult is sexual healthy person relatively and temporarily, then in relation to children whose value system has not yet been formed, and ideas about the sexual sphere are superficial, it is quite difficult to predict what kind of influence on future life, including family life, watching a porn film will have. And also what will be the behavior of the child immediately after watching. In addition, early and excessive interest in pornography is often the cause of premature impotence in men. At the same time, the creation of a family is excluded, or the created families break up, which, in turn, causes various kinds of mental disorders, antisocial deviant behavior.
It is obvious that the approach to the issue of improving the health of the family by general social and special criminological methods should be addressed in conjunction with other social problems. In particular, it is known that the psychological microclimate of the family has a significant influence on the moral development and behavior of children. The attitude of family members to each other, their statements about certain events, discussions of books read, films watched, television programs, value judgments about the misdeeds of others, actions and relationships, attitudes towards their work - all these are peculiar moral lessons that family members receive every day. Thus, further studies of the family as an object of criminological interest should take place from two perspectives: a) from the position of its functional deviations, which ultimately determine the criminal phenomena “within the family”, b) from the position of its external insecurity in the conditions of the crisis that is today experiencing Ukraine.
A.L. Shishelyakina
Tyumen, Institute of Problems of Development of the North SB RAS
Understanding the causes of women's criminal behavior is of great importance for the prevention of female crime.
“Studying the behavior of a criminal, criminology proceeds from the fact that human behavior in general is the result of a choice of various behaviors that the environment generates. This happens as a result of a specific life situation, which is a set of life circumstances. this person before committing a crime, which, given the decisive role of his antisocial views, aspirations and habits, influence his criminally punishable actions.
A specific life situation has objective and subjective content, being a part, an element of the social environment. In contrast to the conditions of personality formation, which influence the subject for a long time and in the past, the situation interacts directly at the moment preceding the commission of the crime. Therefore, speaking about the reasons for the criminal behavior of women, it is necessary to analyze the entire criminal chain, which, as a rule, begins from childhood, from the family. In the formation of personality, the influence of the family on the individual occurs literally from the first days of life, is present, as a rule, in adolescence - a period of particular importance in the process of social development of the individual, persists throughout life. The system of values prevailing in the family, stereotypes of behavior are firmly assimilated by its members due to constant mutual contacts, the special emotional nature of intra-family relations.
The connection between the shortcomings of family education and the right to violate the behavior of minors is traced by numerous studies. It is especially significant because the influence of the family is carried out both through targeted pedagogical influence, the guidance of the child by the parents, aimed at developing certain moral principles and ways of behavior, and through the spontaneous impact on the personality of the family lifestyle.
As circumstances of family life that contribute to personality deformation in childhood and adolescence, there is an extremely wide range of factors: the prevalence of socially negative forms of behavior in the family environment, the lack of emotional contact between parents and children, the failure of the family to control the behavior of children, the structural incompleteness of the family etc. Studies have noted, for example, that scandals, alcoholism and drunkenness, fights, immoral behavior take place in a third of the families of adolescent offenders.
In this case, the norms of behavior prevailing in the family also determine the emotional tone of the relationship between parents and children: pedagogical demands are also made on the majority of adolescents from such families by parents in quarrels and scandals. The patterns of behavior adopted in the family are transferred to the external environment. The “risk” of delinquency by juveniles brought up in a conflict atmosphere is estimated by criminologists to be a quarter higher than that of those who grow up in family well-being.
The negative impact of the family environment on the formation of personality, its criminogenic deformation can be very deep, realized in various ways. At the same time, the exclusion of the subject from the sphere of family contacts is highly undesirable. The family performs important functions in the life of the individual. The absence of a family, both parental - in children, and own - in adults, is a factor that increases the susceptibility of the individual to negative influences. Therefore, in the preventive plan, according to the author, the task inevitably arises not only of identifying dysfunctional families, but also of correcting intra-family relations. Significant criminological significance, are the shortcomings of public education. Public education is a purposeful formative pedagogical influence on a person outside the family environment, carried out in relation to persons of childhood and adolescence. The criminological significance of the shortcomings of their activities lies in the fact that, being specially designed to perform the functions of educating minors and youth, they do not fully realize or do not have an impact that compensates for the shortcomings of family education and counteracts negative influences.
Lack of proper family contacts is particularly detrimental to girls; firstly, almost all girls rejected by the family begin sexual activity too early, become easy sexual prey for older guys, quickly become demoralized, their intimate relationships become promiscuous. Secondly, breaking away from the family, school, going beyond normal human communication, it is very difficult for such girls, sometimes it is impossible to return to normal life, to win the respect of others. The social stigmatization of women tends to be much more persistent and pernicious than that of men. The fate of vagrants, prostitutes, drug addicts, alcoholics, and also those who have associated themselves with professional criminals is especially tragic.
In recent years, the aggressiveness and cruelty of women has increased significantly. The growth of their crimes is directly related to the violation of emotional communications in the family.
The combination of the above factors underlies the criminal behavior of a person. Specific life situations within the framework of criminological analysis can be differentiated according to various criteria. Criminogenic situations deserve special attention. These include those that, interacting with a person, due to their objective content, are able to cause or strengthen his intention to commit a crime.
Such situations, as it were, “provoke” the subject to commit an unlawful act. However, the realization of such an opportunity depends not only on external circumstances, but also on the qualities of the individual.
Differentiating criminogenic situations by content, problematic and conflict situations are distinguished. Problem situations arise when the subject encounters difficulties, obstacles in the implementation of his decision or the achievement of the intended goal. In order to achieve the intended subject, he must find a way out of the circumstances and adequate means.
A conflict situation is one in which there is a clash of interests, aspirations, desires of the parties involved in the conflict. In principle, the conflict by its nature is not always destructive, it cannot be considered as an unconditionally criminogenic circumstance. The problem in criminological terms is the choice of a way out of the conflict, ways and means of resolving it. However, it is in a conflict situation that a significant part of the crimes are committed, primarily those related to infringement on a person.
The basis of criminal behavior is an antisocial attitude - readiness to act against the interests of society in accordance with one's views, needs and interests. An important role in the formation of an antisocial attitude is played by character, temperament, psychological attitude (mood), feelings, emotions.
As for property crimes, when a person commits crimes of this kind, he tries to psychologically assert himself in life and at the same time in his own eyes. The affirmation itself is known to be one of the most powerful stimuli of human activity. In the mercenary criminal behavior of women, this is especially evident when the kidnapped "leaves" for the purchase of fashionable clothes, jewelry, prestigious pastime, making profitable acquaintances, etc. In such cases, very often the main task solved by them is to overcome the discrepancy between self-image, self-esteem and the real position in the social environment. If the gap between them is significant and significant, the commission of acquisitive crimes is a way to overcome this discrepancy and self-affirmation.
The reasons for the thefts committed by women for the sake of their families and children are understandable, but in most cases the stolen goods are not used to satisfy hunger and often aim to increase the level of the general prosperity of the family.
Those are in in general terms causes of women's criminal behavior. Of course, situations conducive to such behavior also play a significant role.
Establishing the causes of women's criminal behavior, it is necessary to turn to the analysis of its motives. The motives of criminal behavior cannot be understood outside of their connection with the life lived by a person, with the influences to which he was exposed, as well as the personal characteristics formed as a result of this. The motives, as it were, reproduced, reflected, first of all, the content of early-family relations, and then all the main subsequent events. Without taking into account the life lived, it is impossible to understand the motives of the crime. Motives are closely connected with the personality, more precisely, they are part of it, are inconceivable without it, express it most. important features and properties, needs and aspirations. What are the motives, such is the personality and vice versa, and therefore they are the most accurate and complete description of it.
Motives are not so much what prompts a certain behavior, but what it is done for, what is its inner meaning for the acting subject.
Most often, criminals cannot say anything about the motives of their criminal actions. In cases of acquisitive crimes, motives are sometimes not mentioned in sentences. Since it is generally accepted that these crimes are committed solely out of self-interest.
Having considered the conditions that give rise to criminally punishable acts, the author of the work came to the conclusion that the timely identification and study of the motives of criminal behavior is important not only for preventive work with specific individuals, successful educational impact on individual criminals, the correct qualification of crimes, but also for solving more general problems of crime prevention for women.
Knowledge of the subjective causes of women's criminal behavior is valuable precisely for preventive purposes, since it is impossible to successfully prevent crimes without knowing the motives for which they can be committed. Isolation of independent issues of the motivation of women's criminal behavior is of scientific and practical importance and will make preventive work more concrete and substantive.
Summing up, we can conclude that the study of the personality of the criminal is important for revealing the nature and causes of crime in general. Only with proper knowledge of the individual can explain the reasons for the commission of the crime.
Having considered the personality of criminals, it is worth highlighting several main types of criminals by the nature of criminal acts.
The personality of a criminal is a combination of social, psychological, moral properties, signs, connections, relationships that characterize a person. It is necessary to identify and eliminate the causes and conditions that form the traits inherent in criminals. First of all, it is necessary to pay attention to family education.
The specificity and necessity of family education lies, first of all, in the fact that it is more emotional in nature than any other, since it is carried out through parental love for children and their reciprocal feelings (affection, trust). The child, especially at an early age, is more susceptible to the influence of the family than to any other. It is in her that he unconsciously seeks and must find protection and confidence in himself, his place in life. The family constantly introduces the child to social life and gradually expands his horizons and experience. If this does not happen, a person is alienated from society and its values, from small social groups. They are less and less able to regulate his behavior.
Therefore, it is necessary to pay great attention to the formation of a person's personality. First of all, our state should provide great assistance in this by carrying out a number of reforms in the social sphere, and various public organizations should not bypass this problem.
Thus, female crime is an independent type of crime. The antisocial criminal behavior of women causes tangible damage to society as a whole, destroys the basic social foundations.
The crimes and misdemeanors of women are perniciously influenced by state of the art public morality, which must be analyzed and evaluated in the context of the general crisis experienced by our society. The decline in morals is associated with economic difficulties, the growth of tension in relations between people, the weakening of basic social institutions and, above all, the family. Crime in general and the crime of women in particular is actively promoted by the constant blurring of the lines between good and evil, permitted and unlawful, worthy and unworthy, laudable and shameful. People began to think less about these age-old categories. The causes of female crime are based on certain phenomena and processes, namely:
- 1) active participation of women in social production;
- 2) weakening of social institutions and, first of all, of the family;
- 3) increased tension in society, the emergence of conflicts and hostility in it;
- 4) the growth of antisocial phenomena such as drug addiction, alcoholism, prostitution, vagrancy and begging.
All these listed phenomena that contribute to the existence of female crime are closely intertwined with each other, and gradually, under the influence of global changes taking place in our state, such as: social, economic, cultural, began to gain strength.
As statistical data show, the causes of women's crime are closely related to the contradictions of social development.
In order to counteract the above, law enforcement it is necessary to identify the negative phenomena and circumstances in our society that give rise to crime, and eradicate them. It is also necessary to strengthen the activities of bodies and public organizations in the fight against this phenomenon.
It is necessary to develop a special program that would lay down special techniques and methods of influencing women's crime, reconsider the participation of women in social production, and create better conditions for them. Need special programs for the development and support of the family - the foundations of our society, which are reflected in the strategy "Kazakhstan-2050".
To implement the proposed political and economic stabilization of our state is necessary. It is also necessary to study the positive experience of solving this problem by other states.