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DOI: https://doi.org/10.34069/AI/2023.66.06.18

How to Cite:

Сandidate of Legal Sciences, Associate professor, Associate professor of Department of Criminal Legal Disciplines and Procedure,

Sumy State University, Ukraine. WoS Researcher ID: ABD-3281-2020

Сandidate of Legal Sciences, Associate Professor, Department of Civil Law Disciplines of the Educational and Scientific Institute

of Law and Innovative Education, Dnipropetrovsk State University of Internal Affairs, Ukraine. WoS Researcher ID:

HJC-6173-2022

Dean of the Faculty of Specialist Training for Preventive Activity Units of the Dnipropetrovsk State University of Internal Affairs,

Ukraine. WoS Researcher ID: ISV-0699-2023

Doctor of Law, Associate Professor, Academic Secretary of the Secretariat of the Academic Council of Kharkiv National University

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Introduction

According to the Numbeo service, which forms

the Crime Index, as of 2021, Ukraine ranked 54th

in the world (out of 135) in crime. According to

this indicator, our country was in third place in

305,700. It also decreased by 6% the number of

reports with signs of criminal offences by - from

89.2 thousand to 83.6 thousand (Ivanova, 2022).

Many economic, social, political, biological, and

psychological factors are at the basis of crime.

Many determinants determine the problem of

combating crime, one of them is the problem of

the "old" vision of crime and "old" methods

caused by conservative views on the genesis of

combat crime and thus ensure a reduction in its

level. The purpose of the article is characteristics

of the essence and components of the

transdisciplinary theory of the nature of crime.

The object of research is the symbiotic theory of

crime.

Theoretical framework

With the birth of criminology, researchers tried

criminological ideas - ideas about the causes of

crimes (Nezhurbida, 2011). The authors

emphasized their attitude to the mechanism of

public authority's interaction with crime, saying:

mystical or it is also called theological, classical,

biological, sociological, and cultural

(Beschastny, Nazimenko & Lostch, 2017)

Proponents of the theological approach see the

cause of crime in paranormal phenomena

affecting a person and his consciousness, turning

him into a criminal. Also, one of the features of

this approach is its religious basis.

arose under the influence of Enlightenment ideas.

According to this direction, the fight against

crime is reduced to the application of

punishment, and scientists saw its purpose as

influencing people's will so they do not commit

crimes. Such an approach is legalistic and closed.

It acts as a kind of mechanism for regulating

relations in the way that the ruling elite wants it

or as it was accepted at the customary level

(Holina et al., 2014).

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C. Lombrozo. According to him, the fight against

crime, based on the above, consists in influencing

sociological factors that can influence and

determine the behavior of people beyond their

control, regardless of their condition. Thus, the

author of the crime is the social environment and

The cultural approach is almost universal since

by combining classical, biological, and

sociological approaches, the causes of crime are

recognized as factors that have the property of

causing a person's arbitrary arbitrariness, that is,

a state of non-compliance with one's judgment,

social laws, etc. It is worth noting that the causes

of crime are those factors that, at the time of

committing an illegal act, caused a person to

case. In our opinion, it is the closest to defining

the true nature of the crime

phenomenon (Nezhurbida, 2011).

The problem remains that, despite each

approach's autonomy and the cultural approach's

universality, we still need an exact model that

describes the nature of the crime. The nature of

the crime has a two-element system that affects

the third element: it is determined by the

(external) components of human consciousness

same time, does not consider others at all. We

propose our symbiotic theory of the causes of

crime, which considers crime as the result of the

interaction of anthropogenic and sociological

factors. It is necessary to emphasise the

Guided by the transdisciplinary theory, we

delved into a diverse range of disciplines,

including criminology, sociology, psychology,

biology, and ecology, to unravel the

interconnected web of factors that influence

criminal behavior. To lay a solid groundwork for

our study, we embarked on an extensive

literature review, immersing ourselves in the vast

realm of crime, symbiotic relationships, and

complex systems. This thorough examination of

epigenetics, we embraced an array of

methodologies to shed light on these intriguing

concepts. Data integration and meta-analysis

proved invaluable as we assimilated and

analyzed information from a myriad of sources,

ranging from neurobiological studies to genetic

databases and criminological surveys. Through

this approach, we sought to discern connections

and patterns across different levels of analysis,

synthesizing findings from multiple studies to

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interdisciplinary collaborations between experts

As we ventured into the sociological realm,

exploring theories of the nature of crime, we

turned to content analysis as a guiding light. We

meticulously scrutinized diverse forms of media,

To unravel the sociological correlates of

antisocial behavior, we embarked on a macro-

level analysis that cast our gaze upon the broader

social, economic, cultural, and political factors.

By studying these encompassing elements at the

community, regional, or national level, we

sought to unravel how they mold the prevalence

and distribution of antisocial behavior.

tapestry of human behavior and the myriad

factors that shape it.

Results and discussion

Neurocriminology and behavioural

epigenetics as conceptually new subfields of

criminology

The separation of criminological directions in the

human psyche. Our position is argued by the fact

By the time Homo Sapiens was isolated, a

particular genetic program unique to this species

had been formulated. Researchers call such a

program "socialized" (Nezhurbida, 2011).

condition, stage of physical development,

peculiarities of hormonal background

organization, personal preferences in the field of

intimate relationships, the presence of certain

diseases, as well as gender, age, the influence of

the genetic component, etc. One of the most

contemporary transdisciplinary fields combining

genetics and forensics is behavioral epigenetics

and neuroimmunology.

the specific genomic modification of defective

MAOA genes. Moreover, deep brain stimulation

has been proposed to suppress aggression

selectively (Franzini et al., 2013) or sex drive.

Such treatment options will raise ethical issues

(e.g., regarding informed consent) for treating

and punishing criminals (Fuss et al., 2015). They

can also lead to the psychopathology of criminal

behavior not currently associated with mental

disorders. Thus, further research into such

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We emphasize that genetic information can be

can be added to the list of genes being evaluated.

It can also be argued that there is insufficient

evidence that genetic polymorphisms and

criminal behavior can be associated.

electroencephalography, and neuropsychological

evaluation. When behavioral genetic evidence

was introduced, it most often included expert

testimony on the heritability of additive disorders

(including drug and alcohol abuse) and gambling

addiction in addition to the genetic basis of

mental illnesses such as depression and

psychosis. A limited number of experts presented

evidence of the defendant's unique genetic risk in

connection with his crime, most often due to the

behavior, great attention should be paid to the

hormonal system of a person. Since hormones, in

their essence, are mood regulators, we cannot

ignore them in the examination. Scientists

J. Arjen, L. Boender and J. Young say that

neuroendocrinology has a rich history of using

various model organisms to elucidate the general

principles and evolution of the relationships

between hormones, the brain and behavior.

Oxytocin and vasopressin systems have been

showed a direct correlation between the level of

criminal responsibility.

Scientists are already considering the possibility

of deep brain stimulation (DBS) to reduce sex

drive, which can be applied to sex offenders in

and temporal abnormality are associated with

aggression in schizophrenia. Several other

studies have shown that different areas of the

brain are involved in violence in schizophrenia

(Hoptman & Antonius, 2011). The control of

aggression is multifaceted, and dysfunction of

the functional connection between the amygdala

and the prefrontal cortex tends to predict higher

levels of aggression. The most consistent results

of structural studies have been a decrease in the

associated with aggression or violence (Cho et

al., 2019).

Abnormalities are the cause of illegal behavior.

At the same time, he is convinced that "bad

brains" can be corrected through specific

interventions, emphasizing not so much the

biological as the socio-biological. Protecting the

environment is a critical link in shaping brain

function." By 2034, advanced technologies will

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Gender is also significant. For example, the

The level of some aspects in the blood can

correlate with the criminal past of its owner. So,

a group of scientists, which included:

A. Beckley, A. Caspi and others, conducted an

experiment in which 553 people (255 women and

approach the complete determination of the

crime.

Many recent studies have identified biochemical

compounds potentially involved in aggression

and its subtypes. After analysing them, we can

conclude that, in general, they are focused on

certain classes of metabolites. Because both low

and high levels of aggression can be detrimental

to survival and reproduction, it has been

influence of biological factors on forming a

criminal personality is a wrong step. At the same

time, research, and search for biological

correlates of criminal behavior is a necessary step

for the further determination of criminal

offences.

Sociological theories of the nature of crime

Many scientists believe that sociological factors

controversial one in recognizing antagonistic

factors and regularities invented by scientists and

proved effective and rational. Thus, there is an

urgent need for a comprehensive analysis of the

main theories of the social connection between

crime and the individual.

social learning. Among them, the most excellent

preference is given by criminologists to the

theory of social learning.

The theory of differential communication

(communication) was formulated by the

American scientist E. Sutherland (1883–1950) in

his work "Principles of Criminology". The theory

of differential connections states that a person

learns criminal behaviour not because he is prone

Reinforcement Theory – DRT), proposed by

L. Ronald Akers and R. L. Burgess in 1966 in the

article "Theory of differential association-

reinforcement of criminal behavior" (Burgess &

Akers, 1966). The proposed version combined

Sutherland's theory of differentiated association

and behavioral psychology - the theory of

reinforcement (Skinner, 1938). Conditioning of

operant behavior is the result of two components:

1) reinforcement (reinforcement); 2) punishment

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study of deviant behavior and crime using the

punishment for the behavior" (Akers, 2010).

Behaviorist theory distinguishes between

positive reinforcement, negative reinforcement,

and punishment for behavior. It states that human

only be effective for future-oriented people,

which is rarely the case with criminals (Shostko,

2015).

J. Toby believed that no one forces a person to be

a criminal (but you can be tempted to do so). In

his writings, he defined his vision of the causes

of crime and noted that man chose his path, and

when the government does not know what to do

with such people, they end up in prison because

ties in well with his ideas and concepts of social

control theory (Shostko, 2015). Tobi believes

that policy implications are likely determined by

the side of the victim's constituency, meaning

that politics may cause a criminal to narrow

down his "victims subconsciously."

Durkheim also defined punishment as an act of

revenge. In addition, it should be noted that

Durkheim perceived deviant behavior as usual.

primary conditions for the existence of a social

The theory of neutralization "neutralisation" and

drift (drift) "DRIFT" assumes that juvenile

criminals are aware of their responsibility before

the law. This obligation before the law remains

was widely understood among scientists of the

20th century. The diversity of homogenous

psychological research was determined by the

relatively autonomous development of two

psychoanalytical schools: instinctive and

behaviourist.

Intensivists saw the causes of criminal (in

particular, aggressive) behaviour in the action of

unconscious, instinctive uncontrollable

consists of the need for emotional relief for a

person. According to this teaching, the emotional

component of a person constantly increases their

internal reserve. At one point, a person and his

psyche cannot contain this tension and commits

a crime. To unify the act of committing a crime,

in our opinion, in this case, it is necessary to

create special conditions where it will be

accepted in society either not to hold back one's

own emotions (within reasonable limits) or to

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undesirable reactions were imagined: a) in the

personality.

In his writings, I want to note that Z. Freud noted

the complete independence of the psyche from

biological factors. We disagree with this opinion

neurologists, and psychophysiologists,

increasingly pay attention to the fact that

biopsychological factors play an important and

sometimes decisive role in the aggressive

behaviour of minors and adults, which leads to

committing various crimes against the life and

health of a person (Shostko, 2015).

Sociological correlates of antisocial behavior

to the determination of the list by special law

enforcement agencies of various countries of the

world.

There is an urgent need to analyze the factors

leading to specialized organizations and bodies.

Let us start with the 10 causes of crime, as

defined by the US FBI: population density and

degree of urbanization; changes in the

composition of the population, especially the

median income, poverty and job availability;

be guided by the method of deduction, which

starts from the very fact of the crime and its

features.

Additional reasons can be called those that do not

the basis for the main ones.

We focus on the influence of the environment,

namely the influence of subcultural organizations

or groups on the psyche of an individual. Young

people are most often subject to such influence.

This is due to a biological factor: a certain period

of high human activity, for example, puberty. As

we know, because of the peculiarities of their

body, it is teenagers who are most inclined to

For example, a subculture called "AUE" is

widespread in Ukraine and the CIS countries.

The main task of such a subculture is the

introduction of "prison" laws into the country's

social order. At the same time, due to his young

and unformed mental state, a healthy individual

who falls into such a subculture completely

repeats the leader's behaviour in the hierarchy.

This somewhat calls into question the truth of the

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culture – this is how their adaptation begins. In

adaptation to the dominant culture will be. Based

on the nature of interethnic crimes, a more severe

diagnosis can be made - the degeneration of the

ethnic group. Behavior that deviates from the

norm can be defined as a form of disorganization

the factors of illegal behavior is personality

deviations in socio-cultural identification.

Thus, in the modern scientific environment,

many sociological correlates of criminal

behavior are identified, constituting a massive

system of interrelated factors that influence a

person and make him a criminal.

Conclusions

scientific modelling between disciplinary and

transdisciplinary approaches to crime

determinism are analyzed.

Relatively new directions of the development of

the science of criminology are highlighted:

neurolaw, neuroimmunology, behavioral

epigenetics, neuroendocrinology. Fundamentally

new approaches and technologies for

determining the causes of crime have been

MAOA genome, the level of certain

(anthropogenic) factors and sociological ones;

the final connecting element of such a symbiosis

is the human psyche. Thus, the symbiotic theory

of criminality considers the principle of human

integrity, where the model of a complete person

Asherson, P., & Cormand, B. (2016). The

Beaver, K., Jackson, D., & Fleshe, D. (2014) The

Beschastny, V. M., Nazimenko, E.U., &