Comparative-critical Analysis of the Provisions of the Criminal Code of Ukraine on Liability for Offences Committed by Criminal Association

Abstract

Based on the experience of Georgia, the Russian Federation, Italy or the USA in counteracting organizes crime the article presents analysis of provisions of the Criminal Code of Ukraine on liability for offences committed by criminal association. It ascertains that a common feature of the analyzed foreign criminal legislatures is establishing severe criminal liability for offences committed by criminal associations. A peculiar feature of the criminal legislatures of Georgia and the Russian Federation is establishing criminal liability for occupying a leading position in criminal association. A counterargument for presenting such norm in the Criminal Code of Ukraine is practical inability to prove this fact without ascertaining actual organizational or supervisory actions of the leader of criminal association. Furthermore, introducing colloquial folksy language into official normative act leads to contamination of the Criminal Code and vagueness of its provisions.The article defines drawbacks of the provisions of the Criminal Code of Ukraine that criminalize activities of criminal associations, namely: unsuccessful attempt to define the notion of criminal influence; lack of systematization of the introduced amendments (there is a need to provide relevant amendment to the Articles 28 and 43 of the Criminal Code of Ukraine); actual decriminalization of involvement in the offences committed by criminal association; impossibility to ascertain termination of the offence provided in the Art. 255-1 of the Criminal Code of Ukraine); badly constructed definition of a person, who has a status of a subject possessing great criminal influence, including the status of «thief in law».The article presents the ways of enhancing the norms of the Criminal Code of Ukraine in the part of providing criminal liability for offences committed by criminal association. Issues of enhancing organizational-legal, economical, social and ideological means of counteracting activities of criminal associations in Ukraine require further research.