Issue 1 (19) 2013

Kyssykova On Defining the Criminogenic Norm Negative Influence

On Defining the Criminogenic Norm Negative Influence

G.B. Kyssykova

Scientific-research institute of state and law named after Gairat Sapargaliyev

23/1, Alpamys batyr st., Chubara's microdistrict, Astana, Republic of Kazakhstan, 010000

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The article is devoted to the problem to determine the level of negative influence of criminogenic regulation of legal act (project), including criminal. Particularly, there is a way to determine the corruption factor, from the answers to the questions, which are supposed to give marks from 0, 5 or 10 and also the information rate and indeterminacy of regulatory legal act, which are used in Methodological references about the social economic effects of actions, passing proposed law of the Republic of Kazakhstan. Apart from that, there is another way to determine the level of financial loss from crimes, the reason or the condition of which can be legal norm. Minimum “0” can be in the case of establishment of the norm of administrative procedures, identification of exact and correct legal personality of physical parties (individuals), lack of indeterminate formulations and expressions, also gap in law and all that. Lack of these evidences means the lack of any corruption factors. Establishing those requirements half-way is giving only “5”. If the regulation is not detected the actions of nationals including officials and having gaps in the regulations of relations, that is the subject of this regulation, besides the officials have ample powers and all that, then can get “10”, which entirely reflects the availability of the factor.

Another way of rating of the regulation for its criminogenic effects is based upon the index of information and indetermination. Index of information and indetermination of regulation is used in Methodological recommendations by the rate of social and economic consequences of the actions which are in law in draft of the Republic of Kazakhstan. The thing of calculating the rating is to reveal the correlation between defective norm and total amount of norms, which are in regulatory legal act.

Subject of level determination of financial loss from crimes, where the reason can be the norm of law is represented in this article. The elements, which help to identify such a level is the index of circumstance, it is expressed by one, if it is the norm-reason, but by 0,5, if it is the condition of commission of a crime. Also the index of circumstance can be identified from the sum of loss to the state for a total sum of loss for reporting period.

Keywords: defective regulation; damage; appraisal; level

Bibliograficheskij spisok

1. Antikorrupcionnaja jekspertiza normativnyh pravovyh aktov i ih proektov (federal'nyj i regional'nye aspekty) / pod red. d-ra jurid. nauk, prof. N.A. Lopashenko. M.: Jurlitinform, 2011. 248 s.

2. Statisticheskie dannye za 2011 god // Informacionnyj servis Komiteta po pravovoj statistike i special'nym uchetam General'noj prokuratury Respubliki Kazahstan. URL: http://service.pravstat.kz (data obrashhenija: 12.01.2013).