Specific Features of Criminal Law Characteristics of Organized Crime

By Voronin, Sergey A. | Journal of Legal, Ethical and Regulatory Issues, July 2017 | Go to article overview

Specific Features of Criminal Law Characteristics of Organized Crime


Voronin, Sergey A., Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Given the importance of universal preventive fight against organized crime in the last decades of the 20th century organized crime at the transnational level and the intensification of organized crime in terrorist form, to combat it joined the United Nations, which at the end of the last century, established the United Nations Office on drugs and crime (UNODC), including the UN international drug control programme (UNDCP) and the Centre for international crime prevention (CICP), Interregional research Institute of United Nations on matters of crime and justice (UNICRI), which provides for the collection, analysis and dissemination of information, conducts scientific research and implements projects of technical cooperation and other specialized organizations of the United Nations. Among the impressive list of instruments of international law, published by the UN, it should be noted the Convention against transnational organized crime (The UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances), the Convention against illicit traffic in narcotic drugs and psychotropic substances (The UN Convention against Transnational Organized Crime), the Convention against corruption (The UN Convention Against Corruption), the Global plan of action of the UN against human trafficking (UN Global Action Plan to Combat Trafficking in Human Beings) and the International Convention for the suppression of acts of nuclear terrorism (International Convention for the Suppression of Acts of Nuclear Terrorism).

Organized crime is extremely complicated mechanism, a special legal phenomenon with a specific country and professional criteria. Therefore, there is an extensive variety of different areas and approaches to fixing its main informative structural elements in the legal definitions (normative-doctrinal definitions. Such an impressive number of definitions due to the fact that no single definition can encompass all the major aspects of organized crime, because it is unlikely to cover the diversity of categories such crime, taking into account existing between economic, regional and ethnic differences (Dolgovoy, 2010).

LITERATURE REVIEW

As pointed out by Herbert and Tritt (1984), the first attempt to characterize the concept of organized crime was made in America in the 1950s and 1960s, "when the committees of Congress found evidence of the existence of a secret criminal society or a cartel with the code name "the Mafia" or "Cosa Nostra".

The legal literature of the modern period highlights several typologies of approaches to the definition of organized crime. Dolgov has specified the following main features, which the Russian scientists put in the basis of this definition (Dolgovoy, 2010):

* The cohesion of the members of the organization, reflected in the establishment and operation of criminal organisations (Dolgova & Dyakova, 1996).

* Mass, the prevalence of established criminal communities.

On this basis, Dolgov (2010) gives the following definition (which is hard not to agree): organized crime is a complex system of organized criminal groups, their relations and activities (Karabanov & Melkin, 2010).

However, it is important to note the contents of several publications in the scientific schools of NRU HSE. In particular, in the works of Ivanova (2002), among other legal issues discusses the accountability of transnational corporations, international organizations and States who, through inaction, contribute to the activities of criminal formations of the inter-state level (Ivanov, 2015; Ivanov, 2002; Ivanov, 2013; Ivanov et al., 2015).

In turn, Berzin (Berzin, 2012a; Berzin, 2013; Berzin, 2010; Berzin, 2012b) argues the similarities and differences of the collective forces of the criminal activities (organized groups, criminal Association, criminal organization), summarizes the evolutionary features of legal technology developments of Russian terminology in the field of organized crime, the rationale, theoretical and methodological basis of the study of organized crime. …

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