On the expediency of introducing the category «thief in law» in the criminal legislation ofUkraine

Abstract

The problem of the existence of «thief in law» in recent decades is extremely relevant, so its solution requires significant research and changes in legislation. Initially national in nature, due to numerous political changes in the countries (for example, after the collapse of the USSR), the phenomenon of the spread of such subjects of legal relations gradually became an international problem, i.e. of a cross-border nature.Ukraine, where until recently the issue of combating these criminals did not go beyond legislative initiatives, due to the lack of regulations was exposed to special danger from organized crime, which, like any group, has its leaders – «thieves in law».Recently, the Verkhovna Rada adopted the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community» № 671-IX of 04.06.2020. This provoked some discussion in the legal community. In particular, it concerns the inconsistency of the provisions with the Constitution of Ukraine, the Criminal Code of Ukraine, the risks of abuse by law enforcement agencies and human rights violations as a consequence.The article analyzes and names some aspects of the experience of combating organized crime in Georgia and the Russian Federation, explores the need to introduce the concept of «thief in law» of Ukrainian legislation on the basis of regulations and the work of scientists.According to international experience, the adoption of such laws by most states is able to actively combat organized crime and its leaders, at least within their own country. The main purpose of initiating draft laws and, as a result, the adoption of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community» № 671-IX of 04.06.2020.Analyzing the opinions of scientists, we can say that the introduction of the category of «thief in law» – a rather controversial and somewhat ill-considered decision.The authors believe that the law needs to be revised, brought into line with current legislation and to start an effective fight against so-called «thieves in law», taking into account the testimony of scholars, MPs and other legal practitioners.