Factors of illegal behavior influencing globalisation

Introduction

Modern society lives in the age of globalization. This term refers to an objective process and a natural stage in the development of the economy that initiates integration and unification in the political, social, ideological and humanitarian spheres, and manifests itself both at the level of the international community and at the level of each individual community. The globalization is characterized by the uneven development of individual countries and the combination of tendencies of their convergence and distance. On the one hand, globalization facilitates interaction among states, creates conditions for countries' access to the best achievements of mankind, saves resources and stimulates world progress. On the other hand, there is a consolidation of the peripheral model of the economy, unjustified loss of its resources by countries with undeveloped economy, their transformation into raw material appendages of rich countries and the spread of poverty and dissatisfaction. Undoubtedly, globalization can lead to quite contradictory consequences for national and international security, creating both new and unprecedented opportunities for the development and prosperity of different countries, and new, extremely dangerous challenges and threats. Such challenges include the decline of morals, the distortion of legal awareness, illegal behaviour, including criminal behaviour that has spread in the world at the same time as the successes of globalization. It is necessary to know the causes of this problem to confront it. This fact determines the relevance of the topic of the article. The purpose of the article is to identify the factors of illegal behaviour arising from globalization. The following tasks have been implemented for this purpose: general characteristics of legal behaviour; the distinction between lawful and unlawful, delinquent and deviant behaviour; identification of criminogenic consequences of globalization; a brief description of transnational crime, corruption, population migration, contradictions of social development and social inequality as a factor of illegal behaviour.

Methodology

The choice of research methods is determined by the tasks set by the authors. The methodological basis of the article is a system of philosophical, general and special scientific principles and methods, in particular: principles of objectivity, specificity, complexity and the following methods: formal-logical, systemic, structural-functional, formal-legal and the method of comparison.

The authors assumed that the factors of unlawful behaviour exist independently of the subject of knowledge and they should be considered not only at the moment, but also all possible transformations in the future should be taken into account, based on the principle of objectivity.

The principle of specificity has encouraged authors to realize that there is no abstract truth, because the truth is always concrete. For example, unlawful behaviour is not any possible conduct, but those one that violates a prohibitive or binding rule of law.

The principle of complexity has provided an opportunity to explore various aspects of the problem of globalizing factors of unlawful behaviour, namely: the essence of globalization, its consequences in different spheres, the essence of legal and illegal behaviour, its causes and consequences, corruption, crime, etc.

The formal-logical method was used to define the concepts of «globalization», «globalizing factors», «corruption» and «deviant behaviour».
The systematic method was applied in the process of considering the criminogenic consequences of globalization as a system of elements that manifests itself in various spheres: economic, political, legal, religious, etc.

The structurally functional method was used to describe and explain all globalizing factors of illegal behaviour, to study the relationship between them within a single whole and to determine the function of each of them in a holistic structure.
The legalistic method was used to formulate the concepts of «unlawful behaviour», «criminal consequences» and «transnational crime».

All globalization factors of illegal behaviour were compared with separate consequences of globalization in different spheres that were investigated earlier with the help of the method of comparison.

Literature Review

The problems of a globalized society, including the causes of illegal behaviour, investigated by the following well-known foreign and domestic scientists: O. Danilyan, G. Farrell, M. Felson, Ya. Gilinsky, A. Idinov, А. Khaldei, A. E. Khiyavi, I. Kleimenov, V. Kramer, I. Matskevich, А. Newton, E. Rakhmanova, V. Sidorov, B. Shamloo, L. Shelley, V. Tatsiy, S. Zdorovko and others. The above-mentioned authors carried out the analysis of the purpose, means, concepts, mechanisms and consequences of globalization in the legal, economic, political, cultural and other spheres, defined the essential characteristics of illegal behaviour, investigated the signs of criminality, its reason, dynamics, structure and the nature of crimes (Newton, Felson, 2015). In particular, Ya. Gilinsky proved that globalization poses threats to all mankind. The globalization of deviant manifestations is one of these threats that especially evident in the example of organized crime and terrorism (Gilinsky, 2008). I. Matskevich argued that globalization not only does not solve the problem of crime, but also creates the conditions for its transformation into new kinds and forms. Globalization processes ensure a qualitatively different state of crime in the field of communications, cyberspace, crime related to migration and terrorist and extremist crime (Matskevich, 2009). L. Shelley draws attention to the fact that the modern advances in science and technology correlate with the emergence of similar phenomena of the underworld and terrorism. Besides, underworld and terrorism are more likely to be combined, creating a terrible «conglomerate». Previously, criminality had its own niche in all public systems without exception and this turned it into a natural opponent of terrorism. Nowadays criminality and terrorism are interdependent, because «they have a common ecosystem». This ecosystem is a new, under-studied phenomenon and a product of globalization (Shelley, 2014). The problems of combating international corruption in the context of globalization were investigated by A. Idinov, who identified the main directions of the anti-corruption strategy in the transforming countries (Idinov, 2011).

The authors usually considered a particular problem and did not focus on investigating all the globalizing factors affecting the spread of illegal behaviour and stimulating an increase in crime rates (Farrell, 2013). Such research can help to understand how to influence a person who is exposed to illegal behaviour, how to improve the means and methods of combating criminal organizations and individual criminals in order to be able to act on prevention rather than elimination of the consequences of crime. Moreover, such research cannot be limited to one article. However, certain aspects of this complex issue need immediate resolution.

Results and Discussion

The interdependence of the leading countries of the world increases due to the deepening of the processes of world globalization, and at the same time there is a sharpening of contradictions between them. The reason of these processes lies in the intensification of the struggle for influence in the world, for minerals, markets, territories, transport communications and workforce. The contradictions grow simultaneously with the needs of humankind and the onset of negative global climate change, resulting in a shortage of vital resources. Accordingly, the tension in the world increases, as well as the risks of new wars and conflicts (Hvozd, 2019).

The era of globalization affects the boundaries that previously defined the natural rights of each individual, his or her personal sovereignty and privacy. Legal consciousness, both individual and public, loses the usual moral guidelines that have been formed in the past. The need for universalization and unification of legal regulators in the context of globalization comes across the protective reaction of nationally oriented traditions of legal systems at the same time. The illegal behaviour, as well as the criminal one, can be a reaction to the tension that arises due to these processes.
Globalization has a significant impact on the spread of crime in the world as a combination of crimes of one or more types that are massive and naturally repeated in a country or region over a period of time. On the one hand, the increase in crime rates is a response to political and economic expansion. On the other hand, it is a response to the progressive stratification into «rich» and «poor» not only at the national, but also at the interstate level (Schetinin, 2009). The collapse of crime has become one of the most pressing problems of our time (Khiyavi, Shamloo, 2018). The criminal processes have become total in Ukraine. The crisis of society, the war in the east of the country, the decline of morality have led people to take for granted not legitimate, but illegal behaviour. They are used to corruption, do rely on the protection of their legitimate interests in the courts and, as a result, there is an inert nostalgia for the past. Moreover, people try to realize their legitimate interests in all available ways, not always taking into account their legality. Undoubtedly, worldwide globalization problems affect the difficult situation in Ukraine.

Legal behaviour is the socially significant behaviour of individuals or collective entities, controlled by their consciousness and will, provided by the rules of law that leads to legal consequences. Lawful and illegal behaviour are identified. Lawful conduct is characterized by respect for the rule of law. Unlawful behaviour (offense) is the antithesis of legitimate behaviour. It is a kind of antisocial conduct. Unlawful behaviour is called delinquent behaviour (Latin delinquens – misconduct, guilt) in psychology, which is understood as the actions of a particular person, who deviate from current laws, threaten the well-being of others or social order and are criminally punished in his/her manifestations. A person who exhibits unlawful behaviour is regarded as a delinquent person and his acts are understood as delicts. Delinquent behaviour is a form of deviant behaviour. Deviant behaviour (Latin deviatio – deviation) is understood as human actions and social phenomena that do not correspond to the officially or actually established norms (standards, patterns) in this society and violate them. The deviation can be both positive and negative. Negative deviations are dysfunctional; they disorganize the system. This is a social pathology: crimes, alcoholism, drug addiction, suicide, etc. The legal science should pay the attention to such deviations.

Unlawful conduct is anti-moral; it violates a forbidden or binding norm of law, socially harmful, dangerous to personal (private) and public interests protected by law. Illegal behaviour by its very nature means the existence of a conflict between the person and society, between individual and public interests. These conflicts stimulate and reinforce various factors, including the effects of globalization, especially crime.

The criminogenic consequences of globalization are evident in various spheres. There are the following criminogenic consequences in the economic sphere: the globalization of the shadow economy, the emergence of new tax evasion schemes, including offshore, money laundering, piracy, raider seizures of someone's property, traffic in arms, poor quality goods and falsified medicines. These consequences also include the formation of supranational financial structures that govern the world financial system and act informally, which complicates the process of controlling their activities. In the political sphere: aggressive foreign policy of several states, regional wars, internal conflicts, information wars, indirect wars, i.e. the integrated use of methods of economic and information influence on the enemy in combination with the operations of special services, military threats and demonstrations in the use of military or demonstrations of military power, including threats to use nuclear weapons. In the legal sphere: the use of legal instruments to influence the policies of sovereign states. In the religious sphere: arbitrary interpretation of some religions and distortion of their principles by extremist organizations. In the socio-cultural sphere: the destruction of national education, health, social protection, culture, marginalization and degradation of the population, the formation of the criminal market of cultural values, and media advocacy of the cult of violence and cruelty (Kleimenov, 2014). There is also legal globalization «Legal globalization can be defined as the process of forming a new, global system of legal norms that organize and ensure global intergovernmental interaction in various areas of modern society, in which international law, national law, and the law of international business associations are in a state of close interconnection» (Tatsiy, Danilyan, 2019).

Each country brings its own cultural characteristics to the world environment. The profound cultural differences often lead to many problems related to contradictions in the system of values that can significantly influence the legal awareness of the population and its legal behaviour. The main criminogenic consequence of globalization is the globalization of crime, including transnational organized crime, international terrorism and global corruption.

Transnational criminality, as a set of crimes that are recognized as transnational in accordance with international legal instruments and naturally repeated in more than one country over a period of time and harmed two or more states or the interests of legal entities or individuals of two or more states, has received a strong impetus for development at the expense of the opportunities provided by globalization. Three elements are traditionally distinguished in the structure of transnational crime, among them: international crime, crimes of an international nature and crimes related to foreigners. Nowadays its destructive potential is enhanced by the blurring the borders of states, enhancing their transparency, expanding and interpenetrating economic markets that were previously closed or tightly controlled by states. These processes create the conditions for the emergence of new, previously unknown forms of international crime and its professionalization.

Transnational crime is often organized. The characteristics of transnational organized crime and its modus operandi are: existence of complex structure; ignoring state borders, international and national legislation; the fight for new areas of criminal influence in one or more countries; availability of a strong material and financial base; the realization of their intentions through bribery of officials, violence, extremism and terrorism; conspiracy, intelligence and counterintelligence, penetration into public authorities and administration, first of all into bodies and institutions carrying out foreign economic activity, border and customs control; exit from the shadow economy, legalization of proceeds from crime; use of modern information and computer technologies, science and technology achievements in committing crimes; committing criminal acts as a business in order to maximize profits; the use of significant differences in the criminal justice systems of different countries, etc.

The degeneration of organized crime in a particular country into transnational crime is driven by socio-economic factors. However, the corruption of the governments of national territories, the low level of crime prevention by law enforcement agencies, technological progress and processes of globalization should be recognized as a prerequisite for the development of organized crime in the criminal environment of different states, their international integration and transformation into a trans-national organization.

International criminal organizations are both the cause and the consequence of the changes that have taken place in global politics and the economy: the collapse of the Soviet Union and the formation of a number of independent but economically weak and vulnerable states with transparent borders that are not always properly protected; the establishment of the European Union that has led to a weakening of customs procedures, passport and currency controls in Europe; changes in Chinese policy that have given impetus to the active growth of economic relations in that country; the signing of the North American Free Trade Agreement, etc. According to some scholars, these factors have become a condition for the formation and strengthening of transnational organized crime (Sidorov, Zdorovko, 2017).

National crime becomes predominantly a concentration of primitive, mostly self-serving, ordinary crimes bordering on marginal lifestyles and can be controlled by criminal justice authorities in a globalized environment. In the last decade, the international community has become increasingly concerned about changes in the types of criminality and the emergence of new crimes, such as cybercrime, maritime piracy, crimes against wildlife and illicit trafficking in cultural property, human organs and counterfeit medical products. These processes take place through the considerable amount of illicit revenue available, as well as through the use of modern technologies and loopholes in national and international legal instruments.

Global change, which has a mixed impact on global development, is one of the causes of corruption. Nowadays, corruption has affected all spheres of public life, from public service and law enforcement to health care, education, housing and communal services. It has become a major obstacle to political, economic and spiritual revival in our country, and has become a real threat to national security. The level and scale of corruption constrains Ukraine's economic development, negatively affects the investment climate, and reduces international interest in cooperation with our state (Makarenko, 2019).

The scientific literature has justified the interesting idea that corruption is a natural form of adaptation of an undeveloped person to the conditions of a developed civilization. A person does not want to meet the requirements of this «modern developed society» by focusing on the standards of living of «modern developed society».

Thus, 99% of the population are accustomed to the fact that everyone should live in dignity, according to European fashion. However, you should learn to live within your means. Therefore, a person loses his means of survival in the face of lack of resources, acquiring a tendency to refrain from crime, meanness and arrogance. If a person had to live up to the standards of an economy that came from outside, he or she would probably be using new opportunities under the old rules (ie. look for ways to steal under new conditions) (Kramer, 2017).

The degradation of professionalism and the spread of the profanity, especially in science is the direct consequence of corruption. It should be said that nowadays science becomes a means of earning money as a result of the numerous replenishment in the ranks of corrupt pseudoscientists. Wealth has become the pinnacle of wisdom, and the question «If you are so wise, then why are you poor?» is considered as a credo of life's philosophy. The crowd of «merchants» in science has long conquered all other scientists by number according to this credo.

This issue concerns not only Ukraine. Fundamental science from the second half of the 20th century is in a state of acute crisis and has not opened any new law, or has not created any new fundamental direction. Qualitative development in science has stopped and survival on the principle of «What do you wish?» has begun. Applied science has won the fundamental one, though they cannot exist without each other. Mainly those applied fields of science are being developed that are related to the manipulation of the masses and serve to subordinate them. These sciences include computer science, telemetry, genetic engineering, biotechnology and social psychology. All of them serve the needs of managing society in the direction of strengthening the manipulation component (Khaldei, 2016). The only one exception is the rapid development of science in the countries of South-East Asia that will go down in the history of human civilization as evidence of the enormous opportunities of states on the path of self-development. These processes apply to Japan, China, Hong Kong, Korea, Singapore, Malaysia, Taiwan, Thailand, Indonesia, and the Philippines that have achieved impressive success in all spheres of public life.

Undoubtedly, corruption undermines human rights, the rule of law and democracy. The close connection between corruption and organized crime poses a great danger to society and the state, provides favourable conditions for corruption and increases its opportunities.

The active migration of populations, including illegal ones, when millions of people are forced to move from one state to another in search of work, shelter, security and a better life is a characteristic of the era of globalization and a significant factor in crime. The direction of migration is always one: from developing countries to developed ones. Migrants are always less adapted to their living conditions in the first stages of their stay in another country than local residents regardless of their ethnicity and the corresponding "indigenous" population: language barriers, vocational difficulties, lack of housing, cultural differences and other problems are essential conditions for deviant behaviour (Gilinsky, 2008).

This type of crime becomes more sophisticated at the same time as the smuggling of migrants has increased in recent years. Smugglers use state-of-the-art communication technologies to obtain information on border control changes and adaptations and quickly change their routes in response to restrictions. On the one hand, social networks and digital communications provide such offenders with the following unprecedented methods of smuggling: the ability to sell directly and attract customers through modern social networks; and the ability to be less reliant on local resellers.

On the other hand, the introduction of digital technologies clearly reduces the information gaps that can be exploited by migrants. Mobile and networking technologies can be used to assist migrants in order they can make contacts on popular social networks for support and information. In addition, the proper use of technology can help governments, business and non-governmental organizations to prevent and mitigate the effects of this disaster (UN, 2018).

Most migrant offenders are involved in committing serious crimes. They often commit theft, fraud, robbery, terrorist acts, murder, evasion of customs duties, smuggling of drugs, weapons, ammunition and explosives, special technical means of silent retrieval of information, etc.

The main factors that determine the increase in crime of foreign citizens and stateless persons are: illegal nature of their stay in the territory of another country; migrant employment is predominantly in the shadow economy, where wages are low, workers are deprived of social guarantees, and often simply disenfranchised; negative attitudes towards migrants of the local population, inter-ethnic and inter-religious conflicts; the small prestige of their social role, the discomfort they experience as a result of being in a culturally foreign space, the presence of a marginalized environment, etc. Changing the priorities of migrants' legal consciousness, caused by globalization, can lead to illegal behavior. Thus, according to D. Kudlachek from the Criminal Research Center of Lower Saxony, the mass flow of migrants to the countries of the European Union and the growth of crime are directly interrelated. The demographic composition of migrants also plays an important role: migrants and refugees are predominantly boys and young men, which is the most common category of the population committing crimes. Foreign migrants of this age group generally do not have a higher education, and the reasons for the crimes are mainly material difficulties. In addition, they are socially isolated, lonely, living side by side with people in the same conditions and under the influence of the same risk factors. Most migrants have to live in places similar to refugee camps, where privacy is almost impossible, that also increases the risk of crime. A large part of the crimes in this environment, especially of a violent nature, committed by migrants and directed against refugees like themselves (BBC, 2018).

Globalizing factors of illegal behaviour are directly related to the contradictions of social development, ideological confrontation and economic, political, social inequality of the countries of the world, and therefore the varying degree of their participation in globalization processes. Globalization policies reinforce the gap between poor and rich countries, social and economic inequalities, worsen the already deplorable situation of the people of the world's poorest countries, and can lead to armed conflicts, the destruction of individuals, their physical extermination and the creation of conditions for the disappearance of entire nations on a planetary scale. The contradictions caused by globalization can led to the elimination of social programmes and the limitation of the role of the State in solving social problems, including the protection of human rights and the prevention of crime at the domestic level. The personal level of contradiction is linked to a worldview crisis, loss of identity, anxiety and extreme individualism that pushes the individual to solve their problems in any way, even illegal one. This situation has a criminogenic potential. Nowadays globalization processes have not only intensified the dynamics of all types of crime and resulted in their interpenetration, but have also limited the possibilities of public control over crime, both by limiting the resources of states and by lagging behind the possibilities of international cooperation from the objective needs of anti-crime practices (Rakhmanova, 2010).

The riskiness of modern communities, characterized by instability and uncertainty, affects the contradictions of globalization. All social reality, strata and groups are exposed to risks that threaten the development of countries and peoples at the global, local and regional levels. The underdevelopment of civil society and its institutions, economic instability, changing political, cultural, moral values, awareness of social insecurity make modern society a “society of risk”. All these processes, combined with the ambiguity of globalization itself, can lead to unpredictable consequences (Tolchinsky, 2012).

There is a devaluation of traditional legal values, a decrease in the level of moral guidance under the influence of globalization processes that leads to the loss of legal orientation and the formation of legal nihilism. As a result, certain legal and moral norms become unable to influence the legal consciousness of certain entities. In addition, democratic values, including rights and freedoms, are used at the same time as a means of geopolitical influence that call into question the basis for their universalization and legitimacy.

Globalization can lead to the loss of cultural identity in a number of countries around the world. The well-known Russian philosopher and sociologist A. Zinoviev expressed an interesting opinion about the relations between the Western «global supersociety» and the rest countries of the world. According to the scientist, the main goal of this society is the domination over the rest of the countries. Westernization aims at the total expansion of the market values of Western civilization and the enhancement of the role of international financial and economic organizations. It is a planetary oriented expansion, carried out by individuals, collectives, states and intergovernmental associations in different spheres, and is accompanied by the convergence of different civilizational systems, erasure of differences between them, submission of all national cultures to a single cosmopolitan cultural standard. Westernization aims to bring certain victims (i.e. countries that are able to borrow models of social life that are imposed by the West) to such a state that they lose their ability to live independently, and aims to make them an adjunct or a donor to the «global community». It can provide economic assistance to a reforming country, but only to the extent that it contributes to the control of its economy, and loss of economic independence and security. Such assistance is advertised at the same time as a means of saving the country from the disadvantages of its former way of life (Zinoviev, 2002). Moreover, the rapid entry of English into our lives is one of the factors of Western globalization. However, the English-language expansion cannot be positively received by the majority of the population who do not speak this language or understand the need for such innovations. Such processes often cause hostility to Western culture, social protest and they do not contribute to improving the crime situation in the country and in the world.

Conclusions

Thus, the globalizing factors of illegal behaviour are the social contradictions that are generated or stimulated by globalization. Globalization leads to inequality, injustice, destruction of many well-established forms of existence, erosion of traditional values of society, forms a state of uncertainty and uncertainty of the person in the face of possible challenges. The conservative nature of the values of individual and social legal consciousness in the era of globalization conflicts with the dynamic nature of social change. The result of such confrontation may be a deformation of legal consciousness and unlawful conduct.

Globalization creates conditions for optimizing interstate cooperation in combating crime, as well as contributes to the spread of criminality. The spread of crime becomes a response to political, economic and cultural expansion, on the one hand, and to the progressive stratification of the very rich and the very poor, not only at the national level but also at the interstate level, on the other hand.

The criminal threats cannot be considered outside the context of globalization and humanitarian processes in a globalized society. Crime is one of the factors that affect social activity, violate human rights and lead to the independent search for any way to realize the legitimate interests.

Crime and terrorism are modern factors of insecurity and, in some cases, political instability.

The liberal migration policy of several states, based on the absolutism of human rights is one of the determinants of transnational crime. The human rights restrictions are inevitable in the crime prevention process, but they must be agreed with the urgent need of people.

Globalization should be accompanied by the universalization of criminal legislation that provided for common principles for the establishing the system of criminal and legal prohibitions for all countries. However, the universalization of criminal legislation should not be contrary to the national interests of the country that provided for the preservation of each state's natural capacity to incorporate into its legislation norms appropriate to the peculiarities of national traditions, legal culture, religion and objective conditions of life of the population.

It is necessary to change the system of values and behaviour, moral and ethical standards, especially in the upper echelons of government in order to reduce the manifestations of corruption.

The holistic approach to neutralizing the globalizing factors of unlawful behaviour requires social policies aimed at eradicating the causes of offenses. The desired results can be achieved only through the joint efforts of politicians, the public and scientists.