Theoretical and Legal Basis of Conception of Organized Crime in Modern Era

By Akimzhanov, Talgat; Tleukhan, Ramazan et al. | Journal of Legal, Ethical and Regulatory Issues, January 1, 2017 | Go to article overview

Theoretical and Legal Basis of Conception of Organized Crime in Modern Era


Akimzhanov, Talgat, Tleukhan, Ramazan, Smatlayev, Baurzhan, Kairzhanova, Solidat, Irubayeva, Aygul, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

The present stage of economic, political and social development of Kazakhstan has been accompanied by a number of factors, interfering forward and systematic state development, one of which is organized crime.

The President of the state N.A. Nazarbayev said for the first time about scales of organized crime in Kazakhstan in the speech at a meeting on fight against crime and corruption on April 19, 2000. So, the President of the country giving critical evaluation to a criminal country situation for that period noted that everywhere there is a revival of criminal traditions and customs, professionalizing and specialization of underworld. Many citizens have the main source of the income-a criminal business. In Kazakhstan there were "crowned thieves", who distribute spheres of influence between criminal groups. There are prospered narcobusiness, alcohol smuggling, trade in stolen cars, prostitution became the ordinary phenomena. And there are engaged in all this not separate groups, but well organized criminal societies with "supporting gang of criminals" in law enforcement agencies.

Organized crime is so large-scale, multifunctional and diversified that as a result represents a certain amorphous and intangible formation where it is difficultly not only to confront, but even it is difficult to research.

On this occasion, the American scientist Jay Albeneze wrote that organized crime is always contained a certain secret that made exaggerate its importance. This image was in many respects created thanks to belief that behind of some crimes there are some mysterious organizations which in every possible way were cultivated by popular editions and Hollywood. Today it is difficult to understand where the reality comes to an end and literature begins. Many do not have a clear idea of what is a mafia in fact, what it does, and what takes place in the world of organized crime. For nearly hundred years the nature of organized crime and its sources remained unknown that excluded a possibility of effective fight against it (Jared, 2003).

According to the Russian scientist, Yu.A. Voronin, organized crime-is one of the burning issues of the present, but a peculiar paradox is the fact that till this moment it is not developed accurate concept of what it represents (Yu, 2008). Other scientist I.V. Godunov fairly writes in the preface of his work: "Organized crime - what is it? The sign of a century or plague of the present?!" In modern conditions this topical issue faces not only whole world community and each individual state; in a varying degree, it concerns each person, each member of modern civilized society ( Godunov, 2008).

According to A.I. Dolgova, organized crime-is a highest manifestation of criminal orderliness. It is very complicated phenomenon which is treated in the scientific, educational literature and regulatory legal acts as multifactorial phenomenon (Dolgova, 2009). The Kazakhstan scientists consider that the modern criminology, both in our country and abroad, isn't developed the definition so far, which is completely reflecting content of this type of crime all-recognized by scientists and practitioners, opening an essence of organized crime; exhaustive signs of organized crime, where in legal relations there are many gaps, complicating law-enforcement process concerning members of organized criminal groups, especially its top and many other things aren't worked out (Akimzhanov, 2015) .

All these circumstances require searching of the new approaches in research work at studying of organized crime, which would give the chance to receive a true picture of organized crime or at least to approach to its solution.

In 1983 for the first time scientists of the former USSR, namely group of authors of research associates of All-Union research institution Ministry of Internal Affairs of the USSR ( Volobuyev, Galkin, Pakhomov), offered the structure of the organized crime in the form of a pyramid ( Gennaro, 1999). …

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