ILLEGAL PROVOCATIVE BEHAVIOR OF CONVICTS AS ONE OF THE REASONS OF THE RESTRAINT MEASURES APPLICATION AGAINST THEM

Abstract

The article analyzes the typical victimological situations, which are the cause or result of using the special means of physical influence or weapons against the convicts in custody, as well as the scientifically substantiated proposals aimed at reducing the victimism level at the penitentiary establishments.

On the basis of this scientific research’s results it is possible to carry out the following classification of the victims of crimes and illegal actions of the personnel of the State Criminal-Executive Service of Ukraine, as a result of applying the means of physical influence to them, from the victimism point of view:

1. Victims of the crimes, who became such on the personal level due to the presence of the combination of appropriate victimal qualities (psychopaths, chronic alcohol and drug addicts, etc.).
2. Victims of the crimes, who became such as a result of the certain social status among the convicts (criminal authorities, offenders, persons with the lowest social status).
3. Victims of the crimes, who became such as a result of the conflicts with the personnel of the State Criminal-Executive Service of Ukraine, including those who acted lawfully, defending their legal rights and interests, and those, who resisted or committed others illegal actions concerning the administration of the penal establishments.
4. The so-called «ricochet victims», who became such as a result of the mass illegal actions of the convicts (group disobedience, group hooliganism, etc.) and, on the other hand, the illegal actions of the personnel of the State Criminal-Executive Service of Ukraine (the actions of the paramilitary forces in accordance with the article 105 of the Criminal-Executive Code of Ukraine; the actions of the personnel of the penitentiary bodies and establishments in the specified victimogenic situations).
5. Victims of the crimes committed by negligence (fatal injuries received as a result of using the means of restraint; failure to provide proper medical care, etc.) in accordance with the article 25 of the Criminal Code of Ukraine.