Combating organized crime with criminal legal measures

Abstract

One of the main functions of the state is to ensure the safety of the individual, society and the state. In Ukraine, organized crime is one of the primary threats to national security. Criminal law norms, which are norms - prohibitions, affect the effectiveness of counteraction by law enforcement agencies and special services to organized crime as a socially dangerous, historically changing, relatively mass, social phenomenon. It should be noted that in the conditions of martial law, manifestations of terrorism, banditry, the creation of illegal paramilitary, armed formations, and criminal communities pose a direct threat to national security. Changes in its level, structure, and dynamics (increasingly) are evidenced by statistical data, in particular, the number of recorded criminal offenses. The purpose of the article is to analyze the criminal law norms that establish criminal responsibility for the commission of offenses in organized forms, and based on the analysis to show a comprehensive vision of the possible criminal law consequences for the person guilty of committing the specified illegal acts.
 Elucidation of the concept of organized crime as a criminological phenomenon, identification of organized forms of committing criminally illegal acts, limits of responsibility of each of the accomplices (perpetrator, organizer, accomplice, instigator). Determination of the specifics of criminal liability and the rules for imposing punishment on persons who, as part of an organized group or criminal organization, committed a serious or particularly serious crime, combined with violence against the victim, during the performance of a special task to prevent or uncover the criminally illegal activities of these associations. Expanded definition of the concept of «organizer», analysis of articles of the Criminal Code establishing responsibility for various types of organized associations (criminal organization, criminal community, gang, terrorist group or terrorist organization, paramilitary or armed formation), determination of dispositions of criminal law norms, where «organized group» is a qualifying or particularly qualifying feature of the composition of a criminal offense undoubtedly affects the effectiveness of combating the phenomenon of organized crime. But the terminological inconsistency of individual normative legal acts does not help, and in some places complicates it, and does not provide an opportunity to clearly define all the components of organized crime in order to increase the effectiveness of the application of criminal law measures to combat crime as one of the directions of state policy.