Topic 16. Organized crime, its characteristics and prevention

Organized crime is a complex criminal activity carried out on a large scale by internally structured organizations and other groups that profit financially and gain power through the creation and exploitation of markets for illicit goods and services. These crimes often transcend state borders.

The understanding of organized crime is even less defined than the understanding of violent, mercenary or economic crime. The basis for separating organized crime from general illegal behavior is the nature and degree of organized interaction of several criminals with each other in the implementation of their prolonged activities. Often organized crime is also defined as a process of rational reorganization of the underworld, by analogy with legitimate business activities in legitimate markets. Such criminal business activities, in pursuit of their goals, take part in illegal activities such as dealing in illegal goods and services, monopolizing the market, using corruption and intimidation.

The phenomenon of organization concerns not only and not so much the commission of specific acts, but the formation of the criminal formation itself, its existence and criminal activity. The commission of the same or different crimes is a relatively common affair of subjects (groups) organized among themselves, each of which has its own functional duties, "rights and powers". The phrase "cosa nostra" (from Italian - our business) more or less accurately reflects the essence of organized crime.

The social base of organized crime and the range of its possibilities in the command economy of a socialist society in the USSR were one, in the transitional economy of the Russian Federation and other post-Soviet states - others, in the capitalist countries - third. In the USSR, organized crime, which parasitized mainly on the planned economy, was simplified and subordinated to the bureaucracy; during the transition period, it became more complex and became more branched, autonomous; in the capitalist world, organized crime figures as a complex system of independent, specific subjects of special market relations. The structure of organized crime also reflects the sphere of criminal activity, ethnic, religious, national and other traditional features of its main place of residence.

Recently, there has been an increase in organized crime in the world. This ominous trend is due to significant advances in the development of technologies and means of communication and an unprecedented expansion of international commercial activities, transportation, tourism. As a result, crime not only expands, but also becomes profitable.

At the UN international seminar on combating organized crime in Suzdal (1991), organized crime was defined as "a relatively massive set of stable and controlled communities of criminals engaged in crime as a trade and creating a system of protection from social control using such illegal means as violence, intimidation, corruption and large-scale embezzlement."

Classification of organized crime. There are several classifications of organized crime groups. Thus, UN experts divide organized crime into several types.

1. Mafia families that exist on the principle of hierarchy. They have their own internal rules of life, norms of behavior and are distinguished by a large number of illegal actions.

2. Professionals. Members of such organizations unite in order to fulfill a certain criminal intent, these organizations are unstable and do not have such a rigid structure as organizations of the first type. The group of professionals includes counterfeiters, formations involved in car theft, extortion, etc. The composition of a professional criminal organization can constantly change, and its members can participate in various similar criminal enterprises.

3. Organized groups that control certain territories.

Organized crime can also be classified according to its areas of manifestation. In particular, they distinguish organized criminal activities carried out in such areas as economics, management, and the social sphere. It is this classification, according to the authors of the monograph edited by V.S. Ovchinsky, V.E. Eminova and N.P. Yablokov’s “Fundamentals of Combating Organized Crime” [10] is intended to play a positive role in the formation of methods for detecting and investigating organized criminal activities, and the creation of a structure of law enforcement agencies designed to combat this phenomenon.

The next basis for classification can be called the features of an organized criminal group. Thus, criminal formations can:

▪ be built on a professional basis and without it;

▪ use the official capabilities of members of an organized criminal group and do not have such opportunities;

▪ have or do not have corrupt or other connections distinguishing organized criminal activity.

There is also a differentiation of organized crime along ethnic, cultural and historical ties. The identification of these types of organized criminal groups does not always mean that there are clear boundaries between them. Almost every organized community of criminals can be seen as the bearer of many cumulative characteristics. Organized crime is characterized by rapid adaptation, adaptation of its forms of activity to national politics, criminal justice and to the protective mechanisms of various states.

A generalized description of organized crime is given in the report of the UN Secretary-General “The Impact of Organized Criminal Activities on Society as a Whole” (1993). [11] It contains a list of signs, which, in the author’s opinion, explains the nature of this phenomenon.

1. Organized crime is the activity of groups of criminals united on an economic basis. Economic benefits are derived by them through the provision of illegal services and goods or through the provision of legitimate goods and services in an illegal form.

2. Organized crime refers to clandestine criminal activities in which, through hierarchical structures, the planning and execution of illegal acts or the achievement of legitimate goals through illegal means are coordinated.

3. Organized crime groups tend to establish a partial or complete monopoly on the provision of illegal goods and services to consumers, since this provides the highest profit.

4. Organized crime is not limited to knowingly illegal activities or providing illegal services.

Signs of organized crime. The following signs of organized crime are identified:

1) the presence of an organizer or a leading core;

2) a certain hierarchical structure separating management from direct executors;

3) self-interest is a common generic feature of all organized crime in general;

4) more or less clear distribution of roles (functions) that are implemented in the performance of specific tasks;

5) strict discipline with unquestioning vertical obedience, based on its own laws and norms;

6) a system of harsh punishments, up to and including physical elimination;

7) financial base for solving "general" tasks;

8) collection of information about the benefits and safe areas of criminal activity;

9) neutralization and possible corruption of law enforcement and other state bodies in order to obtain the necessary information, assistance and protection;

10) professional use of the main state and socio-economic institutions operating in the country and the world, in order to create external legitimacy of their criminal activities;

11) spreading frightening rumors about his power;

12) the creation of such a management structure that relieves managers from direct participation or organization of specific crimes;

13) committing any crimes with the dominant motivation to achieve a selfish goal and control in any area or on any territory for the same profit and security;

14) politicization of criminal activity, i.e. the desire of members of criminal communities to power or to establish such relations with individual representatives of government and administration that would allow them to influence local financial, economic and criminal policies in order to expand the scope of their criminal activities and care from social control;

15) large-scale, interregional or even international nature of criminal activity;

16) the huge budget of the criminal community;

17) the presence of a "security umbrella" of organized criminal groups through the creation of structures that ensure the internal security of the criminal community (groups of armed guards, militants, etc.);

18) implementation of criminal control functions over legal banking and commercial activities in a certain territory.

In addition to the main features, there are non-basic features, which include:

▪ laundering (legalization) of criminally acquired capital through legal forms of commercial and banking and credit activities;

▪ daring and violent methods of carrying out criminal activities;

▪ penetration into the media, etc.

Criminal activity, like any other type of activity, has certain structural elements that characterize the object, subject, goals (motives), means, methods and mechanisms of activity and the result achieved. If we analyze these elements of organized crime from a forensic point of view, then this will characterize criminal activity from the standpoint of those of its features, the study of which serves the purpose of its disclosure and investigation. With regard to organized criminal activity, its independent elements that require special study are both an organized criminal group and the environment in which this activity is carried out.

Goals and reasons for organized criminal activity.

The above considerations about the content and characteristics of organized crime point to its main goal - to obtain illegal income and windfall profits. However, making a profit in a criminal way cannot be considered the only possible goal and motive for organized criminal activity. Its purpose may also be enrichment and simultaneous obtaining by the leaders of organized criminal groups of power in state, economic and other bodies. The actions of individual criminal communities are also aimed at exacerbating the interethnic situation, creating conflict situations in certain multinational regions.

The ideology of the underworld and, of course, the formation of the views and life positions of members of mafia structures is greatly influenced by a relatively small but authoritative corporation of thieves in law, which has deep roots in the criminal environment, which forms the core of organized crime. These are worldly mature people with criminal experience. Basically, they are dangerous recidivists. Their maximum age is 50-55 years, much less often - 60 years or more. At the same time, criminal experience cannot be compared with education; it has both a social and a socio-psychological basis. Criminal abilities, and in some cases even talent, multiplied by communication with hardened criminals, including those in prisons, can create a rather sophisticated type of criminal leader with a great criminal future.

According to forensic research, the ringleader, as a rule, has criminal experience and can be tried. He is a kind of generator of criminal ideas and views, an uncompromising opponent, inventive, ambitious, sometimes religious. Under the mask of decency, he often hides injustice, deceit, revenge, cruelty. In the right circumstances, he is sociable, knows how to establish contacts, show initiative, determination, the ability to subdue to his will not only persons with a criminal mindset, but also representatives of state, including law enforcement, structures.

It should be noted that the individuality of the leader of a criminal organization, his intellect, criminal experience and other personal characteristics determine the nature of the commission of crimes and the type of activity of a criminal organization. Usually the leader of a criminal organization exercises general leadership and is, as it were, neutral to all its constituent parts, pursuing his line through his assistants who head separate structures. As a rule, most criminal acts are disguised and also illegal. The leader of a criminal organization at the place of residence is conspired to be a law-abiding citizen. In some cases, the official commercial-criminal activity of a criminal organization helps the leader gain a certain prestige in front of the population and thus creates a condition for his safety.

According to some scientists, organized crime in the USSR began to develop most fully during the Khrushchev thaw. The liberalization of criminal punishment, the attempts of the first economic reforms stimulated the criminal world to change its direction. The "old" professional crime, which was formed from the gangs of criminals, acquired a completely different qualitative state in the new social conditions, very similar to the analogous phenomenon in the developed capitalist countries. First, a network structure of the organization appeared, under which the division of spheres and territories between groups became possible and even inevitable. Secondly, there was a merging of ordinary criminals with robbers, both of them - with representatives of the state apparatus. Thirdly, organized groups of criminals have penetrated the economy and even politics, which is typical for organized crime.

Since professional crime existed, a secondary redistribution of criminally acquired funds began. Under these conditions, the traditional criminal environment was reoriented, began to rob and rob those who enrich themselves. Criminal groups began to divide territories and spheres of influence, increased criminal pressure on the dealers in the shadow economy.

Recently, organized crime groups have been trying to find a way into the international arena. Thus, theft and smuggling of currency values ​​and antiques, illegal export of raw materials, arms business, drug business, theft of vehicles, radioactive materials, and prostitution became the most promising activities.

Thus, the primary reasons for the development of organized crime include the following:

▪ merging of leaders and active participants of organized criminal groups with representatives of the legislative, executive and judicial branches of government, business, commerce, media and culture;

▪ the inability of the state to protect a number of fundamental constitutional rights and interests of citizens and society;

▪ cultivation of ideas of the market and private property without proper legal support;

▪ unjustified delay in the adoption of fundamental laws that ensure a normal transition to the market, primarily in the fight against organized crime and corruption;

▪ impoverishment and legal nihilism of the majority of the country's population;

▪ lobbying of the interests of certain groups by responsible officials for narrowly selfish purposes.

Prevention of organized criminal activity.

The fight against organized crime involves the development and implementation of a set of special organization-wide, preventive and law enforcement measures. Among them, an important place is occupied by criminal law, criminal procedural, criminal executive, fiscal and financial, operational investigative and some other measures based on a general analysis of the criminal situation and its forecast. It is also necessary to take special measures, since the main object of the fight is the organized criminal groups themselves, and not individual crimes, their complex and branched criminal activities. To achieve this goal, it is necessary to pay special attention to such issues as the application of criminal penalties for participation in a criminal organization and the introduction of a ban on laundering proceeds from criminal activities. Appropriate measures have already been taken in this direction, and the Criminal Code of the Russian Federation provides for liability for such acts.

The practice of fighting organized crime shows that the most effective results are achieved through the integrated use of law enforcement and control agencies. It is necessary to apply strategic measures, such as improving methods for collecting operational information in order to establish criminal communities, the nature of their activities, and the relationships between various formations; development of methods that allow infiltration into criminal organizations; protection of witnesses and victims, etc. All these issues are regulated by Federal Law No. 12.08.1995-FZ of August 144, XNUMX “On Operational Investigative Activities.”

In this regard, it should be noted the positive experience of implementing interdepartmental action plans of tax, customs and law enforcement agencies, currency and export control agencies to replenish the revenue side of the federal budget. In the 1980s In the Ministry of Internal Affairs, units were created to combat organized crime. Then they were transformed into the GUOP - RUOP - UOP - PLO systems, which were staffed and launched work. Subsequently, such units were deployed in the FSB system. RUOP units have made a significant contribution to the work against criminal groups, organizations and communities.

The Russian Federation is making certain efforts to organize the fight against organized and transnational crime. Russia has joined Interpol, the international criminal police organization. Together with other CIS countries, Russia organized an organized crime bureau for the CIS countries. Interpol has taken the initiative to act as a single data bank for collecting information on Eastern European organized crime.

The main efforts of the Russian Federation and law enforcement agencies of the CIS countries that have a common criminal space are aimed at implementing an interstate program of joint measures to combat organized crime and other types of dangerous crimes on the territory of the CIS member states.

Authors: Vasilchikova N.V., Kukharuk V.V.

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