scholarly journals Current requirements and state realities of combating organized crime

2020 ◽  
Vol 2 (2) ◽  
pp. 211-216
Author(s):  
Ihor Pyrih ◽  
Serhii Prokopov ◽  
Denys Vodopyan
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Work Experience ◽  
The Body ◽  
Practical Significance ◽  
Power Structures ◽  
Mixed Effect ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
National Police

The article describes in detail the concept of professional crime, it’s devastating impact on Ukraine's democracy, and offers suggestions on ways to identify, prevent, and stop professional crimes. The importance of the operational units of the National Police of Ukraine in the fight against professional crime in the current conditions of law enforcement reform is considered, the problems of the legislative and practical significance of the units of the criminal police are described. The modern legislation which defines the general principles and tactics of combating professional crime is analyzed and proposals for its im-provement are made. Attention is drawn to the fact that, in recent times, the danger is not even the possibility of bribery of officials by criminal groups, but the gradual entry of members of criminal organizations and, even, their leaders and organizers into power structures, state administration, control and law enforcement bodies. Another problem we have outlined above is the lack of training and lack of professional experience of law enforcement officers in the fight against organized crime. The dismantling of the Organized Crime Offices and the establishment of Strategic Investigation Departments and their subordinate departments had a mixed effect on the results of combating crime. Positive, in our opinion, is the accession to the body of experts in the detection and investigation of crimes of economic orientation, as organized crime at the present stage, as noted above, aimed at including the commission of these crimes. The negative tendency is, in our opinion, the turnover of personnel, due to the sometimes rather harsh and unfair conditions of competitive selection of candidates, the lack of individual approach to the staff with many years of work experience. One way to solve this problem is to train specialists in strategic investigations departments in universities with specific conditions of study, followed by a mandatory internship under the guidance of mentors for at least three years.

scholarly journals CURRENT REQUIREMENTS AND MODERN REALITIES OF CONDUCTING UNDERCOVER INVESTIGATION FORM (INVESTIGATIVE) ACTION BEFORE JUDGE RESOLUTION

2020 ◽  
pp. 131-134
Author(s):  
Ye. S. Hidenko ◽  
D. V. Vodop’ian
Keyword(s):  
Law Enforcement ◽  
Criminal Prosecution ◽  
Power Structures ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Criminal Organizations ◽  
Criminal Intent ◽  
The Law ◽  
National Police ◽  
The Impact

The article explores the issues of conducting undercover investigation form (investigative) action prior to the decision of the investigating judge in the framework of the operative support of criminal proceedings. In fact, after the events of the 2014 Revolution of Dignity, law enforcement agencies underwent a dramatic change, which in turn led to the decline of the law enforcement system, them authority and professionalism. In law enforcement agencies lost the institution of “mentoring”, because this institution was destroyed after reform. These events have led to the consolidation of their positions by gangs and criminal organizations engaged in professional crime, because during the decline of power structures, they were able to get corrupt links, adjust ways and ways of realizing criminal intent. In order to solve this problem, the article considers in detail the issue of enabling operatives units to initiate undercover investigation form (investigative) action prior to the decision of the investigating judge within the framework of operative support of criminal proceedings. And the extension of the rights of employees of the operational units of the National Police of Ukraine during criminal proceedings. Legislative differences that are contrary to current practical requirements have been emphasized and discussed. Also, this article is devoted to the study of legislative restriction of activity of operational units of the National Police of Ukraine during criminal proceedings. The impact professional criminality on the units of the National Police of Ukraine carrying out operational-search activities and criminal prosecution has been investigated. The limitation of the rights of operational units during criminal proceedings was considered in detail and emphasized. Tactical and theoretical inconsistencies of conducting undercover investigation form (investigative) action before the decision of the investigating judge are considered. And possible ways of their decision based on modern practical requirements are considered. Based on the results of the scientific search, relevant conclusions were drawn and suggestions were made to address the issues discussed in the article.

scholarly journals Some legal issues of counteraction to the functioning of conversion centers

Legal Ukraine ◽  
2019 ◽  
pp. 31-35
Author(s):  
Alice Osadko
Keyword(s):  
Law Enforcement ◽  
Economic Crime ◽  
Real Economy ◽  
Criminal Organizations ◽  
Legislative Changes ◽  
Set Up ◽  
Financial Transactions ◽  
National Police ◽  
Economic Crimes ◽  
Cover Up

This article describes conversion centers, examines the specific issues of counteracting their operations as one of the most effective mechanisms for shading money out of the real economy, and identifies some of the weaknesses that exist in eliminating these centers, and suggests ways to address them. Due to the political and legislative changes that are taking place in our country, the authorities' desire to stabilize the country's anti-corruption economy, and unlawful mechanisms in this field are undergoing significant changes. Yes, criminal organizations have recently been set up in Ukraine, existing as large conversion centers designed to cover up economic crimes by illegally converting cash into cash or vice versa. The Conversion Center article is a carefully structured and well-structured stable crime group that exists with a commercial bank or in close collaboration. The purpose of the article is to investigate the activities of conversion centers and to counteract their functioning in the context of the fight against corruption and economic crime. An analysis of current law and practice shows that the functions of counteracting crime in the financial sector, namely the operation of conversion centers, are unjustifiably divided into departments and often duplicated. In particular, such powers are vested in the units of the National Police), the Security Service of Ukraine, the Tax Police (DFS). According to the National Institute for Strategic Studies under the President of Ukraine, in Europe there are two options for the full integration of law enforcement in the fight against economic crime: within the Ministry of the Interior and the Ministry of Finance. All this requires the formation of the concept of strategic construction and determining the location of the tax police or financial investigation service (DFS or FIU) in the fight against economic (tax) crime. This concept should define the basic directions and principles of improvement of managerial, organizational and personnel work, legal, personnel, resource and other law enforcement activity in the specified field on the basis of analysis and assessment of tax security of the person, society and the state. Key words: fictitious enterprise, conversion centers, financial transactions, legalization of income, liability, decriminalization, fraud.

4. Controlling and preventing organized crime

2018 ◽  
pp. 91-103
Author(s):  
Georgios A. Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Activity ◽  
New Model ◽  
Model Based ◽  
The Us ◽  
International Issue ◽  
Crime Legislation ◽  
Criminal Groups

‘Controlling and preventing organized crime’ discusses the types of policy and law enforcement approaches intended to address organized crime as an issue. The US became the first country to develop a comprehensive and wide-ranging response to the phenomenon of ‘organized crime’. Legislation introduced in the late 1960s gave prosecutors a new model based on patterns of criminal activity rather than specific offences. Alongside the new tools for prosecuting criminal groups, it increased the severity of sanctions against them. The US approach became the model for other countries. With organized crime being seen as an international issue new organizations have appeared to address it. But can organized crime ever be prevented?

scholarly journals The convergence of environmental crime with other serious crimes: Subtypes within the environmental crime continuum

2020 ◽  
pp. 147737082090458 ◽  
Author(s):  
Daan P. van Uhm ◽  
Rick C.C. Nijman
Keyword(s):  
Natural Resources ◽  
Organized Crime ◽  
Environmental Crime ◽  
Cluster Solution ◽  
Illegal Trade ◽  
Tropical Timber ◽  
Criminal Organizations ◽  
Organized Crime Groups ◽  
Criminal Groups ◽  
High Degree

The rising global scarcity of natural resources increasingly attracts transnational criminal organizations. Organized crime syndicates diversify into the lucrative business of tropical timber, endangered species, and natural minerals, alongside their traditional activities. The developing interconnectedness between environmental crime and other serious crimes shows that traditional lines of separation are no longer appropriate for understanding and dealing with the increasing complexities of organized crime. Therefore, this article aims to analyse the nexus between environmental crime and other serious crimes through cluster analyses to identify subtypes of organized crime groups that have diversified into the illegal trade in natural resources. The two-step cluster algorithm found a cluster solution with three distinct clusters of subtypes of criminal groups that diversified into the illegal trade in natural resources in various ways: first, the Green Organized Crime cluster, with a high degree of diversification and domination; second, the Green Opportunistic Crime cluster, with flexible and fluid groups that partially diversify their criminal activities; and, third, the low-level diversifiers of the Green Camouflaged Crime cluster, shadowing their illegal businesses with legitimate companies. The three clusters can be related to specific stages within the environmental crime continuum, albeit with nuances.

scholarly journals A New State of Organized Crime

2020 ◽  
Vol 3 (1) ◽  
pp. 13
Author(s):  
Davina Shanti
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Organized Crime ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Outlaw Motorcycle Gangs ◽  
Depth Analysis ◽  
Organized Crime Groups ◽  
Criminal Groups ◽  
New Research

Organized crime is often associated with traditional criminal groups, such as the mafia or outlaw motorcycle gangs; however, new research suggests that cybercrime is emerging as a new branch of organized crime. This paper is focused on the changing nature of organized crime and the factors that influence this shift, particularly in the online space. It will address the question: Can the law identify cybercrime as organized crime? The results of this paper are informed by an in-depth analysis of peer-reviewed articles from Canada, the United States (US), and Europe. This paper concludes that cybercrime groups are structured and operate similarly to traditional organized crime groups and should, therefore, be classified as a part of traditional organized crime; however, cybercrime groups are capable of conducting illicit activities that surpass those typically associated with traditional organized crime. This shift suggests that these groups may represent a larger threat creating a new challenge for law enforcement agencies.

When Scarface Met Rico

2019 ◽  
pp. 145-156
Author(s):  
Joe Kraus
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Crime Control ◽  
Criminal Organization ◽  
Illegal Activity ◽  
Organized Crime Control ◽  
Criminal Organizations ◽  
Shared Goal

This chapter traces the waning of Patrick’s career and that of the Outfit as law enforcement was closing in. It discusses the Racketeer Influenced and Corrupt Organizations (RICO) statutes, which was part of the Organized Crime Control Act of 1970. RICO expressly spelled out the capacity to target individuals for being part of a criminal organization. It expanded the existing power to bring conspiracy charges against criminal organizations. Under conspiracy, everyone involved had to be aware of the shared goal of the operation, and the group was defined by its participation in a particular crime. Under RICO, it became possible to convict someone who was part of an organization engaged in a pattern of illegal activity even if some members of the organization were unaware of specific actions or even of the ultimate goal of those actions.

scholarly journals Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis

2021 ◽  
pp. 39-47
Author(s):  
Volodymyr Sevruk
Keyword(s):  
Law Enforcement ◽  
Effective Interaction ◽  
The State ◽  
Law Enforcement Agencies ◽  
Effective Factor ◽  
Long Run ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
Definition Of ◽  
Legal Concepts

The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given

scholarly journals The Power Shift from Government to Organized Crime in Kyrgyzstan

2021 ◽  
pp. 139-155
Author(s):  
Erlan Bakiev
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Organized Crime ◽  
Point Of View ◽  
The Internet ◽  
Small Business Owners ◽  
Power Shift ◽  
Criminal Organizations ◽  
Organized Crime Groups ◽  
Internet And Social Media

AbstractOrganized crime (OC) groups in Kyrgyzstan have reached a level where they are competing with governmental authorities and institutions. Leaders of OC groups can assign members of their groups into law enforcement positions and parliament. It is safe to claim that the absence of rule of law and legal gaps encourage organized crime groups to flourish. From an economic point of view, privatization and capitalization of the economic system in the process of democratization have been in the interest and favor of the development of criminal organizations. Organized crime gangs can easily fill their chests by benefiting from the legal gaps. For instance, all the jewelry store owners at the major markets in Bishkek, Kyrgyzstan pay fees to an OC gang for their safety and security. Small business owners have been taken under control by organized crime to resolve economic disputes or just because they are in their area of control. Moreover, gangs and groups operating in the South Kyrgyzstan, as well as in Talas and Bishkek, deal with drug trafficking. The cultural aspect of this issue focuses on the importance of the clan ties and network connections in Kyrgyzstan and its use by organized crime. The networking used by the OC also includes utilization of the Internet and social media, consequently it became difficult to counter them during the process of globalization and the whole of society being integrated with the internet and social media, the fight against organized crime has become more difficult. Challenging existing socio-cultural structures, to increase law enforcement and combat clan-based subculture and informal law practices, such as the “thieves” “laws” and “brotherhood hierarchies” of organized crime, have been an almost impossible endeavor over the past 30 years. Consequently, breaking the network of OC and destroying its nationwide functions is a challenge, not only in Kyrgyzstan but in many post-soviet countries.

scholarly journals The Experience of the International Cooperation in Organized Crime Combating

2020 ◽  
Vol 11 ◽  
pp. 4-8
Author(s):  
Igor M. Matskevich ◽  
Keyword(s):  
Law Enforcement ◽  
International Cooperation ◽  
Organized Crime ◽  
Practical Importance ◽  
Practical Significance ◽  
Law Enforcement Agencies ◽  
Transnational Organized Crime ◽  
Legal Method ◽  
Russian Law ◽  
Drugs And Crime

Purpose. Explore the experience of international cooperation against organized crime and identify key positions for improving Russia’s interaction with other countries in this area. Methodology: the basic method of the presented scientific research was the comparative legal method, within the framework of which a diachronic and synchronous, normative and functional comparison of the experience of cooperation in the fight against organized crime was carried out. Conclusions. 1. Without international cooperation, success in the fight against organized crime is impossible. 2. The legal basis for international cooperation in the fight against organized crime is the UN Convention against Transnational Organized Crime of November 15, 2000. 3. An important component of international cooperation in this area is the relevant international organizations: a) UN Office on Drugs and Crime; b) Interpol; c) Europol. 4. Proposals for international cooperation in combating organized crime, which are enshrined in the corresponding US Strategy, are of interest. 5. For Russian law enforcement agencies, the overall coordination of their efforts in international cooperation is of great importance. Scientific and practical significance. The conclusions contained in the article are of practical importance for analyzing the effectiveness of international cooperation in the fight against organized crime.

Organized Crime, the State, and Paramilitarism

2020 ◽  
pp. 64-114
Author(s):  
Uğur Ümit Üngör
Keyword(s):  
Interpersonal Relationships ◽  
Organized Crime ◽  
Empirical Studies ◽  
The State ◽  
Private Interests ◽  
Trade Offs ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
The Relationship ◽  
Law Making

How are paramilitarism and crime related to each other? Empirical studies of paramilitarism make abundantly clear that (organized) crime plays an important role in paramilitarism: the trade in illicit commodities and services and the fact that criminal gangs operate in secrecy are two phenomena that are closely related to paramilitary activity. The influences seem to run both ways: criminals benefit from paramilitarism, and paramilitarism often engenders crime. In many examples, entire organized crime structures have collided with states and paramilitary units. This chapter offers a deeper look at the relationships between paramilitarism and crime. It looks at how criminal organizations are coveted by states if the tasks at hand necessitate the need for trust that characterizes interpersonal relationships within criminal groups. The relationship is mutually beneficial, because it allows criminal groups to achieve a form of respectability, preserve their assets, and develop their activities by influencing law-making and extending their network. The chapter examines these shared interests and trade-offs, discusses organized crime in peace and wartime, and draws several paramilitary-criminal profiles of those who pursued not only wealth and private interests, but also political power.

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