Criminal Community Research Articles

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

PROBLEM ASPECTS OF ACHIEVEMENT OF CRIMINAL PUNISHMENT GOALS

The authors of the article consider the key problematic aspects affecting the achievement of the goals of criminal punishment in the Republic of Kazakhstan. The main attention is paid to the issues of the effectiveness of punishment, the problems of the resocialization of convicts and the functioning of the penitentiary system. Nowadays, we are witnessing a constant increase in the crime rate, both in the world as a whole and in Kazakhstan in particular. The criminal community is becoming more organized and professional, their fields of activity are expanding, and more and more people are becoming part of the criminal environment. This trend is accompanied by the low efficiency of judicial institutions for the protection of citizens' rights and the destruction of the crime prevention system, which forces the population to conclude that it is necessary to strengthen repressive measures to counter crime. However, despite the importance of punishment in the prevention of criminal offenses, there are two main strategies in the criminal policy of Kazakhstan: tougher responsibility for serious crimes on the one hand and the use of more humane non-custodial penalties for less serious offenses on the other hand. The authors propose specific mechanisms for improving the goals of criminal punishment and designing a system of types of punishments. When determining punishment, the court should be guided by the norms of the Criminal Code, which define the system and types of punishments, as well as the principles and basic rules for its appointment. The article analyzes the current system of punishments, identifies its shortcomings, and suggests ways to eliminate them. As part of this analysis, it is proposed to amend and supplement a number of norms of the Criminal Code.

On the issue of the introduction of information and telecommunication technologies in criminal proceedings

Assessing the development of Russian criminal procedure science in modern conditions of digitalization, the author seeks to understand what impact the use of information and telecommunication technologies can have on the development of criminal proceedings, ensuring human and civil rights and freedoms. Discussing the threats of the rapid implementation of IT technologies by the criminal community, it is concluded that it is necessary not only to counter criminal encroachments, but also to digitalize criminal procedures through the introduction of electronic criminal proceedings, electronic interaction of subjects of criminal prosecution with individuals and legal entities using cyberspace (messengers, information platforms), and the use of video conferencing. Attention is focused on an integrated approach to the formation of an information society and scientific and technological development, and some aspects of this approach are presented, implemented in the educational and scientific activities of the Moscow Academy of the Investigative Committee named after A.Y. Sukharev. Using the example of the investigator’s exercise of the right to appeal against the prosecutor’s decisions using information and telecommunication technologies, the author’s position on optimizing the timing of the preliminary investigation, procedural control, prosecutorial supervision and taking response measures aimed at protecting the rights of participants in criminal proceedings is argued. Considering legislative measures for the digital transformation of criminal procedure law, the author comes to the conclusion that they are aimed at improving criminal proceedings by introducing a new form of proceedings, simplifying the work of subjects of criminal prosecution, and providing additional guarantees to «non-professional» participants in criminal proceedings by ensuring their access to justice .

Deyatel'nost' pravoohranitel'nyh organov Rossijskoj imperii na territorii Kitajskoj respubliki (1912–1917 gg.)

The article discusses the activities of law enforcement agencies and special services of the Russian Empire - the headquarters of the Trans-Amur District of the Border Guard, the Shanghai residency of the Ministry of Finance and the gendarmerie and police department of the Chinese Eastern Railway on the territory of the Republic of China on the eve and during the First World War. It is concluded that an important component of the task of these units was to counter international criminal communities operating both in Russia and in China.

Criminal group as a special form of complicity in a crime

Relevance. The relevance of this study is due to the high level of social danger and threat to public life and many areas of the state. Purpose. The purpose of the work is a detailed analysis and definition of the activities of organized criminal groups. Methodology. Among the methodological approaches used, it should be noted the theoretical methodological approach, the functional methodological approach, the formal legal methodological approach, the deduction method, the synthesis method and others. Results. It was noted that the theory of criminal law contains a certain range of problems that are associated with criminal liability for the creation and participation in organized criminal groups. To conduct a more detailed analysis of the definition of the concept of organizational criminal groups, several approaches from the theory of criminal law were studied, which made it possible to identify the main features and principles of the formation of this kind of illegal activity. The United Nations Convention against Transnational Organized Crime was analyzed as a study of a criminal group through the prism of studying this concept at the international level. It was noted that sustainability is one of the main features that characterizes organizational criminal activity. Using a system-structural analysis, the main characteristics of criminal communities and organizational criminal groups were identified and summarized. The Criminal Code of the Republic of Kazakhstan was analyzed and the main legal collisions related to the definition of the concept of a criminal group and ways to counter this illegal organizational activity were noted; in this regard, certain recommendations have been offered. Conclusions. The practical value of the results obtained provides an opportunity to highlight additions to the national legislation for a more accurate definition of the concept under study and increase the effectiveness of counteracting it.

Organized crime in the global context: emerging threats and effective responses

The research paper outlines several issues related to the impact that the organized crime nowadays has on global community. Various issues of “group” criminality, its goals and motivations are discussed at length. The difficulty of precisely defining such phenomenon is explored. Two major pieces of international legislation, the United Nations Convention against Organized Crime and the EU Council Framework Decision 2008/841/JHA of 24 October 2008, are discussed in order to reveal some key parameters for introducing national criminal law provisions against organized crime. By using comparative and other research methods, American, Mexican and Ukrainian approaches to outlining issues of organized crime and responding to them are explained. As a role model, historical roots, structural model and impact of Mafia-type organizations in the United States have been outlined. Also, successful impact of the U.S. Racketeer Influenced and Corrupt Organizations Act on such types of criminal activity has been revealed. Finally, the structure of criminal community in Ukraine as a typical form of organized crime in this country has been described through the legal analyses of its five key elements.

Criminal community as a manifestation of organised crime: A comparative legal analysis

The issue of combating organised crime is gaining increased attention in the context of developing comprehensive strategies for combating and preventing organised crime after the establishment of the Department of Strategic Investigations in Ukraine and its powers to bring criminal authorities to justice. The study aims to conduct a comparative study of the criminal community, in particular, to highlight the content and essence of the phenomenon, and to identify the shortcomings of the current legislation which does not provide for this form of complicity. The following methods were used in the study: systemic method – for characterising a criminal association as a type of organised crime; formal and dogmatic method – for analysing legal structures; comparative legal method – for comparing the features of a criminal association as a type of national organised crime in Ukraine and other states. The main reasons for the formation of criminal communities, their strategies, and tactics, as well as their impact on social and economic processes in society were investigated. The methods of counteracting this phenomenon at various levels, including legal, police and social, were analysed. The importance of developing an effective system of counteracting criminal communities to ensure public safety and maintain law and order was emphasised. The structure and composition of criminal communities were characterised. The strategy and tactics used by criminal communities to achieve their goals, including the organisational structure, communication channels and division of responsibilities, were studied. The interaction of criminal communities with other components of organised crime, such as transnational criminal networks, corruption, etc. was investigated. Strategies and measures to counteract and stop the activities of criminal communities were considered. The conclusions of the study can serve as a basis for developing strategies and policies in the field of combating organised crime and improving the level of security in society

Public Danger and Problems of Qualifying the Creation and Operation of Fraudulent Call-Centers

Relevance. The use of technological progress by criminals for criminal purposes is one of the pressing problems today. In this context, modern information and communication technologies deserve special attention, providing the possibility of global communication, exchange and storage of information, learning and knowledge acquisition, optimization and anonymization of financial transactions. Manipulating people's consciousness through the use of information and cognitive technologies is today a common way of committing various types of fraud. These opportunities are fully and actively used in the implementation of such a group form of fraud as the activities of fraudulent call centers. The purpose of the study is to assess the public danger and identify problems in qualifying the creation and operation of fraudulent call centers. Objectives: to identify compliance with the essence of the criminal activity of fraudulent call centers and assess the public danger of this criminal activity;identify problems in classifying such acts and suggest ways to eliminate them. Methodology. When writing the work, the tools of dialectical, systemic and activity-based approaches were used, as well as general logical thinking techniques, general scientific and special scientific methods.Results. It has been established that the underestimation of the public danger of the activities of fraudulent call centers, and, accordingly, the insufficient effectiveness of measures taken today to counter them, are due to ignorance of the fact that the joint criminal activities of fraudsters in this case form a criminal community. Conclusions. This type of criminal activity corresponds to all the characteristics of a criminal community (struct redness; unified leadership; the purpose of creation is to commit one or more serious or especially serious crimes to obtain directly or indirectly financial or other material benefits).In addition, the qualification of the activities of fraudulent call centers under Art.210 of the Criminal Code of the Russian Federation will allow the court to ensure the possibility of confiscation of property obtained as a result of criminal activity.

Combating organized crime with criminal legal measures

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.

Методы предупредительного воздействия организованной этнической преступности и система мероприятий, составляющих их

The article describes methods aimed at preventing illegal activities related to organized ethnic crime, as well as the system of measures that make up them, which is aimed at stabilizing the economy in the country and in individual regions, ensuring continuous economic development of the subjects of Russia and improving the standard of living of the population, combating unemployment, building social policy on the principles of ensuring equal rights of the peoples of Russia and controlling migration processes. based on the content and nature of the impact, measures to prevent organized ethnic crime can be classified into socio-economic, political, legal (legal), spiritual and cultural, organizational and criminological measures and measures implemented within the framework of international cooperation. The ultimate goal of preventive action is the refusal of a member of an ethnic organized group or criminal community to commit crimes, as well as to participate in it. the use of methods and measures aimed at combating ethnic organized crime is one of the directions of ensuring state security. the implementation of the proposals contained in this article would contribute to improving the effectiveness of the fight against ethnic organized crime in Russia.

Features of the use of confidential cooperation during the pre-judicial investigation of criminal offenses committed by criminal communities

Features of the use of confidential cooperation during the pre-judicial investigation of criminal offenses committed by criminal communities

DarkOnto: An Ontology Construction Approach for Dark Web Community Discussions Through Topic Modeling and Ontology Learning

Social networks on the dark web are rich in data that provides valuable insight into the nature of the activities on the dark web and human behaviors related to these activities. It also encompasses a diversity of ideologies, interests, and thought patterns associated with illicit activities and businesses on the dark web. For this reason, social networks on the dark web constitute a powerful tool and a profuse data source for various investigative work. However, such investigations encounter considerable challenges related to the massive volumes of textual data, analyzing it effectively, and extracting knowledge from it. This knowledge can be used in various investigations and studies when representing it in ontologies as a unified and integrative data source. In this paper, we introduce a novel approach for extracting and representing knowledge hidden in dark web communities through topic modeling and ontology learning methods. We start from the conceptual design of the ontology and employ several stages of text processing and analysis to achieve the desired knowledge graph, DarkOnto. These stages include data cleaning and preprocessing, topic modeling using correlated topic model (CTM), class‐topic similarity estimation, ontology construction, ontology population, and ontology evaluation, where the proposed approach achieved high results. Furthermore, we discuss the results, limitations, challenges, and future work. This paper presents a promising approach for extracting hidden valuable knowledge from dark web communities where investigating and conceptualizing criminal communities can be conducted efficiently.

Features of the use of cryptocurrencies in the commission of crimes in the field of high technology

posed by the so-called anonymous segments of the Internet, which are actively used by organized criminal communities to prepare and commit crimes, as well as for their safe financing using cryptocurrencies. The results of the study indicate that in scientific and practical terms, this area has been studied extremely poorly and needs comprehensive research. A significant foundation for this can be the advanced foreign experience of countries that have faced these threats before us and are currently developing effective methods of countering crimes in the field of high technology. The analysis of various materials in this direction shows the elements of the methodology of their disclosure, which, with appropriate systematization, can be adapted to Kazakh conditions and will contribute to effective counteraction by law enforcement agencies.

ФОРМИРОВАНИЕ И РАЗВИТИЕ УГОЛОВНОГО ЖАРГОНА В ПРОФЕССИОНАЛЬНОМ ПРЕСТУПНОМ МИРЕ ДОРЕВОЛЮЦИОННОЙ РОССИИ

The subject of the study is the formation and dynamics of criminal jargon as an integral element of the criminal subculture of the professional criminal community of pre-revolutionary Russia. The study aims to analyze the peculiarities of the formation and dynamics of criminal jargon as a special social dialect of the domestic criminal environment of the pre-revolutionary period. The objectives of the study are to determine the time of the origin of criminal jargon in the criminal environment of pre-revolutionary Russia, identify the main functions of the thieves cant used by domestic criminals in the period under review, and analyze the development of criminal jargon as an integral element of the criminal subculture in various chronological periods. The methodological base of the study is represented by a set of general and private scientific methods, including chronological, comparative legal, formal logical, and some other research methods. It was determined that at different stages of the development of the criminal world, according to the changes in criminal jargon, different trends in the development of the criminal environment can be identified. In the 17th century, the underclass actively produced and employed criminal jargon in pre-revolutionary Russia. The secret language served such purposes as identification, communication, and conspiracy. The formation of a special thieves cant in the criminal environment of pre-revolutionary Russia is associated with the qualitative transformation of the Russian criminal world and the isolation of a community of professional criminals from the criminal environment. In the late 19th and early 20th centuries, thieves became an integral part of the criminal subculture, preserving and multiplying professional criminal traditions and customs.

Информационные технологии как объект формирования современной криминальной ситуации в сфере экономической деятельности

Introduction. The article is devoted to the study of the situation, structure and dynamics of certain qualitative parameters of crimes in the sphere of economic activity committed with the use of information and telecommunication technologies.
 The author focuses on the fact that information technologies have an impact on the development of practical use of Chapter 22 of the RF Criminal Code.
 Intensification of such practice led to an increase in the number of criminal cases and the reflection of crimes in the relevant forms of the Main Informational and Analytical Center of the RF Ministry of the Interior. In particular, the following type characteristics of crimes and persons who committed crimes were considered: the number of women, persons without permanent sources of income; the dynamics of persons who committed a crime as part of an organized group and a criminal community (organization). All facts were confirmed by statistical data.
 The author notes that the development of new information technologies can both significantly increase law enforcement practice concerning this type of criminal activity and contribute to the creation of a modern system of measures aimed at preventing encroachments in the sphere of economic activity.
 Methods: In the course of the study we used general scientific methods of social processes cognition (analysis, synthesis, deduction, induction, system-structural method, measurement, description, abstraction), as well as private scientific methods - document analysis, statistical methods. As an empirical base we used separate forms of statistical observation of the Main Informational and Analytical Center of the RF Ministry of the Interior.
 Results: Based on the results of the study, criminal acts belonging to the category of crimes under Chapter 22 of the Criminal Code of the Russian Federation and committed with the use of information and telecommunication technologies were identified. The relevant statistical data were collected and analyzed. The corpus delicti of crimes that have been the subject of record keeping since 2022 (articles: 1742, 174.1, 183.5 of the Criminal Code of the Russian Federation) have been studied.

Теневой денежный поток: практика ретроспективной методики мониторинга

Shadow money flows in the current international geopolitical situation cause enormous damage to the economies of developed countries. It is impossible not to take into account the negative aspect of the existence of money masses in shadow, including criminal structures. In this regard, the issue of methodological security of the economic system of our country remains relevant. In Russia, there is a generally accepted risk-based AML / CFT system implemented by Rosfinmonitoring services in cooperation with law enforcement agencies. But as law enforcement practice shows, causing significant damage when committing fraudulent actions continues to be the norm for the criminal community. As a result, for example, significant cash flows appear in the compositions of cybercrimes, which make it possible to extract illegal economic benefits, until the state regulatory authorities become aware of the facts of shadow enrichment of interest. In addition, there is a discrepancy between the methods of preliminary monitoring of possible cash flow, in order to prevent it, and the methods of retrospective monitoring, the main purpose of which is not to prevent, but to identify the entire chain of shadow business entities, in order to stop their illegal activities as a whole, and not for a separate transaction or a group of interrelated banking operations. The article presents a methodology for monitoring the shadow cash flow, based on the scientific provisions of the theoretical and methodological approach, the key task of which is to improve the quality of assessment of the state of economic security of Russia. By illustrating the sequential steps of monitoring on the example of a specific case, the author’s research results are systematized and the most pronounced aspects of monitoring the shadow cash flow are identified.

Criminal liability for the creation of a criminal organization and criminal community, as well as their leadership

The article is devoted to the study of actual theoretical and practical problems related to the most dangerous forms of the objective side of the crime provided for in Art. 255 of the Criminal Code of Ukraine, – the creation of organized criminal associations and their management.
 It has been established that the manifestations of the creation of a criminal organization and criminal community, as well as their leadership, can be different, depending on the purpose of these organized criminal associations, their structure, other individual characteristics and the environment of operation. A criminal organization can be created by one or several persons. At the same time, it is usually managed by two or more subjects, including the head of the structural unit. A person who created a criminal organization usually remains its leader until conviction, death or replacement by another leader. In addition to organizational and managerial functions, it usually commits crimes covered by the purpose of association, and therefore its actions require additional qualification according to the set of criminal offenses.
 It is argued that the management of a criminal organization does not cover the management of individual criminal offenses committed by its members, and requires additional qualification under the relevant part of the article containing grounds for criminal liability for these torts. Therefore, the management of a criminal organization or criminal community is primarily the management of their criminal activities in general.
 In order to eliminate discrepancies in uniform criminal law prohibitions, it is proposed to unify the provisions on the leadership of the structural part of organized criminal associations in the Criminal Code of Ukraine and its draft.
 Separation of the manager in Part 6 of Art. 255, as well as other articles of the Criminal Code of Ukraine (Part 5 of Article 110-2, Part 2 of Article 258-3, Part 4 of Article 258-5) was recognized as a mistake by the legislator, which needs to be resolved by amending the law on criminal liability.

Formation and Politicisation of Russian Crime at the Turn of the XIX–XX Centuries

The article is devoted to the problem of formation of organised crime in pre-revolutionary Russia in the context of political, socio-economic, moral and ideological transformations of the turn of the XIX — early XX centuries. The author analyses the reasons for the surge of criminal activity in this period, the specifics of the thieves’ world and its priorities, the process of organisational formation of criminal communities, their “rules of the game” and hierarchy. The question of the interaction between “criminal” and “political”, their tactical and strategic alliances, the influence of the atmosphere of ideocracy on the politicisation of the criminal element in the last decades of the Russian Empire is studied separately.

Spatiotemporal Analysis of Injury Events Against Doctors in Guangdong Province by Geographic Information System.

Violence against doctors is a global concern. Violent injuries against doctors occur periodically in China. At least one violent injury event was witnessed by 54% of medical staff against doctors in 2020. Analyzing this phenomenon and establishing preventive measures is a common concern of the medical and criminal communities. This study comprised 712 injury events against doctors in Guangdong Province, China, from January 2019 to October 2022. The spatial distribution and spatiotemporal changes of these events were analyzed using ArcGIS and Excel software. Considering the geographical distribution, the injury events against doctors showed a three-level concentric circle pattern where, Guangzhou and Shenzhen, adjacent cities, and distant cities were ranked as high, medium, and low-risk areas, respectively. In temporal distribution, the periods of high incidence were 9-11, 14-15, and 20 o'clock, and the incidence tended to be similar daily, with the peaks in June and July. We found that the risk level of injury events against doctors was positively correlated with the medical resources level in the areas. The injury event incidence was higher during the daytime working hours. Temperature may have a strong positive effect on injury events against doctors.

The criminal hierarchy in Russia: features and characteristics.

The article highlights the main problems associated with the definition of the criminal hierarchy of Russia, its criminological features and characteristics. The criminal hierarchy represents a system of relations that have developed in the criminal environment and determine the order of subordination of the lower links to the higher ones. The author conducts a comparative analysis of the criminal hierarchy of Russia and the hierarchy operating in places of deprivation of liberty (penitentiary hierarchy), noting that the criminal hierarchy is a broader concept and includes the prison (penitentiary) hierarchy, which is its integral part. The author presents various opinions of scientists on this issue concerning the functioning, characteristics and features of the criminal hierarchy of Russia. The main conclusion of the study is that there is not and cannot be a single criminal hierarchy on the territory of Russia with a single control center, a strict system of subordination and subordination of the lower levels of criminal communities (organizations) to the higher ones. The analysis of the operational situation shows that various OPS and EOPGS operate in the Russian Federation, including those headed by persons with leadership status who carry out their activities within the so-called "thieves' community", which is the most structured segment of the criminal hierarchy, in addition, prison (penitentiary hierarchy) operates in correctional institutions, which is also a segment of the criminal hierarchy. Only the totality of all segments forms the so-called criminal hierarchy of Russia (the criminal world of Russia), which is not a single and integral structure, and the system of subordination is characteristic only for its individual elements.