scholarly journals Оn organized crime strategies (example of Ukraine and Spain)

Author(s):  
Raisa Perelyhina ◽  
Yurii Dmytryshak

Organized crime is one of the biggest problems of today’s states, with levels steadily increasing and engulfing more and more countries. Such crime is different from crimes that are committed unorganized or alone by their extreme danger to society. Organized crime influences important political and social processes in the state, interferes with the work of public authorities, which damages the efficiency of these bodies and reduces the level of trust in the state apparatus. In general, it can be argued that regardless of the specialization of criminal groups, organized crime is the most dangerous and complex anti-social phenomenon, it has no boundaries, and members of such a criminal group are located in different corners of the world and in the development of telecommunication, computer technologies, combating Organized crime requires new techniques In order to improve the fight against organized crime, Spain updates its legislation every year. This is due to the fact that criminal organizations are coming up with new methods and ways of carrying out their activities and pursuing their interests. Because of this, some old mafia techniques are simply not effective. The strategy has main objectives, it is the delimitation of criminal structures; reducing their activity; preventing the emergence of new criminal groups; reducing the impact on the public; counteracting the growing link between terrorism and organized crime. To do this, the strategy is built around ten lines of activity, seven vertical lines and three horizontal lines that intersect them. This strategy also notes for each area certain actions that will be a very useful tool for all public authorities aimed at ensuring the security of the country. The article analyzes the legislation of Spain in the field of combating organized crime, which highlights the main innovations in this legislation, which increase the efficiency of the work of public authorities in the fight against organized crime. The new strategy for the fight against organized crime is described, its main goals and directions of improvement are investigated. The peculiarities of combating organized crime in Spain, as well as the formulation of proposals for improvement of domestic legislation in the above, were investigated on the basis of the analysis of relevant legal acts.

Author(s):  
Mark Shaw ◽  
Tuesday Reitano

Organised crime and criminal networks are an outcome of Africa’s weak systems of state reach and governance, and in turn they further undermine effective state-building. Defining “organized crime” is challenging in the African context. African policy discussions did not use this term until recently, and it is so broad that it covers an enormous range of activity. Nevertheless, it is arguably now generally used and accepted, denoting organized illegal activities by a group of people over time that generate a profit. Such terminology is also now widely referred to internationally and in a UN Convention (which defines an “organized criminal group” but not organized crime itself) to which almost all African states have subscribed. The term “criminal networks” is often also used in African debates, denoting the more flexible and dynamic criminal arrangements that characterize the continent. Organized crime and criminal networks in Africa appear in many different forms, shaped largely by the strength of the state, and the degree that political elites and state actors are themselves involved in them. Broadly, organized crime can be said to occur along a continuum on the continent. On one side are well-established and -organized mafia-style groups such as the hard-core gangs of the Western Cape in South Africa or militia style operations engaged in ‘taxing’ local populations and economic activities, both licit and illicit. In the middle of the continuum, are relatively loose, and often highly effective, criminal networks made up both of Africans (West African criminal networks being the most prominent) and a range of foreign criminal actors seeking opportunities. On the other end, are sets of criminal style entrepreneurs, often operating as companies (the Guptas in South Africa, for example) but with a variety of forms of state protection. Illicit financial outflows in particular are a serious concern, but governance and regulatory reforms will be far more critical than the suppression of illicit markets themselves by law enforcement agencies, given also evidence that suggests a high degree of collusion between some African police and criminals in several illicit markets. Violence too remains a key tool for criminal control and advancement at all points along the spectrum, with the strength of the state and the collusion between state actors and criminal groups often determining the form, intensity and targets of that violence. That is one reason why the link between organized crime and conflict on the continent remains a concern, with actors (who in many cases exhibit criminal or mafia-style attributes) seeking to enhance their resource accumulation by control or taxation of criminal markets. Given this and other factors, the impact of organized crime on Africa’s development is severe, and although in some key markets the illicit economy provides opportunities for livelihood and a source of resilience, these opportunities are negated by the extent of environmental damage, the growth of drug use among the poor and marginalized, human rights abuses of migrants and those being trafficked, the violence engendered, and the economic distortions introduced.


2020 ◽  
pp. 64-114
Author(s):  
Uğur Ümit Üngör

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.


2009 ◽  
Vol 1 (2) ◽  
pp. 3-29 ◽  
Author(s):  
John Bailey ◽  
Matthew M. Taylor

Government and organized criminal groups co-exist in uneasy equilibrium. Criminal groups adjust their behavior as a function of their own goals and resources in relation to inter-group cooperation and conflict, dynamic markets, and public policies; governments adjust their behavior according to shifting perceptions of the benefits offered, threats posed, and strategies adopted by criminal groups. When governments attempt to control or repress their activities, criminal groups employ various tools and instruments that might be grouped into three categories: evasion, corruption, and confrontation. The paper draws on recent cases from Brazil and Mexico with respect to tactical and strategic choices by governments and criminal groups, seeking to address three broad questions. What factors disrupt the state-criminal group equilibrium? Under what circumstances do disruptions produce significant levels of violence (as opposed to evasion or corruption)? What are the implications for the quality of democracy as criminal groups violently confront the state?


Author(s):  
Viktor Sharov

The article discusses a number of terms used to denote the activities of the state to combat crime. It is indicated that at present the term counteraction has begun to be widely used in legislation, which requires clarification of this concept. Arguments are given about the relevance of the term “counteraction”, its meaning and relationship with other terms, primarily with the concepts of “fighting crime” and “crime control”. The meanings of the words “counteraction”, “struggle” are considered, it is concluded that it would not be correct to identify the counteraction of crime with its prevention, exactly as with preventive activity. Analyzing the concept of crime control, the author states that it is being put forward in the form of a new strategy in the ORD, although its development is not very intensive today. It is concluded that measures to counter crime, such as the detection and disclosure of crimes, should also be supplemented by a system of preventive measures, such as influencing organized criminal groups and communities in order to separate them, undermining the economic foundations of organized crime, depriving the organizers of organized crime groups and OPS of authority, etc.


Author(s):  
Alla Orlova ◽  

The article considers a set of issues related to the formation of sustainability in the state at different levels of government: national, regional and local, with an emphasis on the sustainability of territorial communities. The concept of "sustainability" is defined, the criteria of sustainability for national security and its components at the local level are analyzed, in particular, in the formation of affluent communities. Sustainability is considered in various aspects: as a component of national security and defense of the state, in relation to the concepts of "cohesion" and "national security". Financial stability is justified as an important sign of the viability of local communities. The role of civil society in shaping the sustainability of communities is revealed, as well as different views of scientists on the impact of civil society on sustainability are analyzed. The foreign experience of implementation of the basic principles of sustainability in the life of communities is studied. The most important component of sustainability is the ability of the community to consolidate to counteract harmful and dangerous external and internal influences. Open partnership of public authorities with business structures and the public should be a prerequisite for this. It is proved that in the conditions of decentralization and various internal and external challenges, civil society (active citizens and civil society institutions) can and should be a driver of community sustainability. It is assumed that the implementation of state policy to promote the development of civil society should create a solid foundation of democracy in Ukraine as a component of national sustainability. Since the systemic mechanisms for ensuring national sustainability in the Ukrainian state at both national and local levels are not yet fully formed, the development and implementation of comprehensive strategic decisions in this area requires proper scientific substantiation, which is why the author’s contribution to this topic.


2020 ◽  
pp. 340-358
Author(s):  
M. S. Belousov ◽  
T. V. Lebenkova

The features of the development of the dynastic crisis of the interregnum of 1825 through the prism of the functioning of one of the key public authorities - the Holy Synod is discussed in the article. An analysis of the literature allows us to conclude that in modern historiography, the events of the oath to Grand Duke Konstantin received conflicting estimates. It is noted that as a result there were several interpretative schemes of what happened in the capital on November 27. An appeal to the workflow of the Synod makes it possible to assert that from the point of view of the logic of the functioning of the state apparatus, a coup d’etat took place. An analysis of everyday activities, the key bureaucratic formulas in the protocols leads to the conclusion that the bureaucratic reaction to the oath to Konstantin did not correspond to the established traditions and was distinguished by haste and internal contradictions. This was reflected primarily in the decisions of November 27: the Synod decides on the oath, relying on oral reports from the synodal members, but the next day duplicates its own decision, referring to the jurisdiction of the Senate. Moreover, a comparison with the events of December 12-14 shows that the accession to the throne of Nikolai Pavlovich was carried out in accordance with the order established in the previous century and was distinguished by deliberate legal accuracy and consistency.


2020 ◽  
pp. 147737082090458 ◽  
Author(s):  
Daan P. van Uhm ◽  
Rick C.C. Nijman

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.


2021 ◽  
Vol 12 (4) ◽  
pp. 112
Author(s):  
Ina Rama

The paper aims to describe in general terms some features of the Albanian organized crime, considering its evolution over the years, either in terms of the way its groups are organized or in terms of the type and field of its activity.  Regarding he content of the paper, by the term of the “Albanian organized crime” should be considered, the organizations of Albanian speaking groups, which cross the borders of the Albanian state and extend to other Albanian territories. They apparently, show similar characteristics and forms concerning their organization as that among the Albanians citizens. The first part of the paper describes the features of the Albanian organized crime based on the characteristics related to the nature and culture of the country or typologies that have accompanied the behavior of Albanians towards illegal activities and that have distinguished them from other groups within the same category. The paper emphases the idea of ​​the important impact that has had the historical context in which the country has passed through, on the typology of this type of crime as well as, the influence of political and economic factors in the foundation and development of these criminal groups. The paper provides a description of the impact and importance of Albanian organized crime in the frame work of the organized crime that exists in Italy and in other countries of the region as well as, the impact that these groups have in relation to each other. In particular, the paper has addressed the typology and developments that have followed the Albanian organized crime over the years, in terms of criminal activity in the field of drug trafficking, providing data on the type of drugs that are cultivated and marketed in the country and also the role that this type of criminality has played in frame work of balkan route. The characteristics of organized crime in the area of arms trafficking are also addressed in a special way, reflecting some of its known features and specifics that comes as a result from consulting the open source data. The characteristics of organized crime are also summarized regarding the criminal activity carried out in the area of trafficking in human beings, especially those whose, as origin country is Albania. The paper closes with a citation of criminal activities which, although not yet dominant in the field of Albanian organized crime activity, have begun to be more and more present, becoming an important issue in the focus of foreign law enforcement agencies.   Received: 2 May 2021 / Accepted: 15 June 2021 / Published: 8 July 2021


Author(s):  
Sergey Maksimov ◽  
Yury Vasin

An intensive digitization of all social processes (including criminogenic ones) demanded such a degree of rapidity, effectiveness, efficiency and relevance for the decisions taken by modern states that could not be provided using the dominant model of state policy for combating crime. This new civilizational challenge is especially evident for the problem of counteracting organized crime. The authors conclude that the contemporary model of criminal policy against organized crime, whose main idea is a constant strengthening of liability for organized criminal activities, is undergoing a crisis. An indicator of this crisis is a recent amendment of Art. 210 of the Criminal Code of the Russian Federation by a norm that considerably limits criminal prosecution of owners, participants, beneficiaries and managers of judicial persons (or their divisions) for organizing a criminal group or participating in it if the corresponding judicial persons were not originally created with the purpose of committing grave or very grave crimes. The same norm limits criminal prosecution of the above-mentioned categories of physical persons if the latter did not possess direct knowledge of the criminal purposes for which such judicial persons were created. The authors believe that the crisis of the current model of combating organized crime is also proven by a lack of any significant correlation between the changes in the criminal legislation on liability for organized criminal activities during the last 24 years and changes in the intensity of the practice of its enforcement. This conclusion, according to the authors, makes it possible to infer that goals that the lawmakers set while trying to improve the effectiveness of combating organized crime were probably not achieved. The authors claim that the key causes of the unproductive reaction of lawmakers and law enforcers to the growing activities of organized crime, including its influence on the general state of law and order and the economic security of the state, include a selective post factum reaction to the growth of specific manifestations of organized crimes based on the intuitive trial and error approach. The authors suggest using the following ideas for the concept of an innovative model of influencing organized crime: it is necessary to use mathematical modeling of the planned amendments to criminal or other connected legislation and their influence both on the system of legal norms of the amended act and the system of legal norms as a whole, on the practice of law enforcement and criminal activity; the state should react to all the specific reasons for the initiation of criminal cases on organized criminal activities using automated systems of collecting, processing and evaluating information, making predictions of the changes in the intensity of organized criminal behavior; the causes and conditions of specific organized criminal infringements should be revealed and measures should be taken to eliminate them.


2019 ◽  
Vol 24 (1) ◽  
pp. 1-21
Author(s):  
Diego Alejandro Domínguez Mejía

Criminal organizations are capable to make political connections with public servants at different levels (i.e., local, national and transnational). This article provides a review of the literature on the power of the political-criminal alliances to affect the democratic institutions of the State. It also seeks to provide a theoretical framework appropriate to evaluate the impact level that the partnering between criminals and public servants has on the state’s scaffolding. The academic work by some experts in criminology has examined the different political impacts that such alliances imply, which includes problems associated with the decay of the criminal judicial system and the creation of impunity umbrellas. However, to date, this research has not provided a theoretical and methodological framework enough to evaluate and measure the true impact of the political-criminal alliances on the state’s institutions. Just a few scholars from different fields such as the economics and political science have based their researches on set of theories of systemic corruption and network theories in order to measure the political impact that groups outside the law have on the state. This review stresses the importance of these theoretical concepts in order to evaluate the impact of the political-criminal alliances on the institutions, and provides recommendations for future empirical researches and to set out new theories within the same field.


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