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

Abstract

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

Keywords

• complicity
• criminal organisation
• organised group
• criminal influence
• criminal liability
• criminal offence