For several years in Ukraine and in other countries, the activity of informal criminal groups, in particular, of the youth groups, can be observed. Thus, there is a need for theoretical understanding of the activities of the respective criminal groups in order to make proposals for improving the current criminal procedural legislation. The article emphasizes the importance of evidential information that can be obtained during the interrogation of victims of crimes committed by youth informal groups of extremist orientation. In this connection, the authors have considered: 1) the features of the victims to be taken into account when investigating the criminal activity of informal youth extremist groups; 2) sources of information on the identification of victims of crimes committed by members of youth informal groups of extremist orientation; 3) separate questions of questioning of the specified category of victims. The scientific literature devoted to informal youth groups, fight against extremism, investigation of group crimes, etc. was analyzed during the scientific research. In addition, such scientific methods as observation, analysis, synthesis, comparison, generalization, extrapolation were used. The empirical basis for the study was the investigation of crimes committed by members of youth informal groups (in particular, with extremist orientation). A promising area of scientific and applied research of the stated problem is the development of methodological recommendations on the conduct of communicative investigative (search) actions, in particular, the questioning of such a procedural figure as the victim.
Article presents comparative analysis of features and characteristics of organized criminal associations recommended for further criminalization by provisions of Palermo Convention and Framework Decision 2008/841/JHA. Certain peculiarities of the abovementioned provisions implementation in more than 50 states (Asia, America and Europe) have been outlined. We expressed and proved the hypothesis stating that criminalization of actions performed by the members of organized groups and criminal organizations by different states separately is partly explained with consideration of different international legal acts by national legislators: Palermo Convention and Framework Decision 2008/841/JHA. On the basis of analysis of key global models used to criminalize the socially dangerous actions with aim to counteract the organized crimes (collusion, participation, entrepreneurship, marking/registration) we justified the following opinion: 1) within the limits of criminal associations countering collusion and participation models are considered to be the most efficient; 2) use of entrepreneurship model allows to justify the need for establishment of responsibility for legal entities involved in criminal associations functioning or utilization of relevant criminal measures; 3) registration/marking model may be efficient for counteracting the extended terrorist organizations.
The investigation reveals shortcomings in the arguments of the Constitutional Court of Ukraine on the recognition of article 366-1 of the Criminal Code as not being in conformity with the Constitution, in terms of:(a) the court's lack of authority to criminalize socially dangerous acts; (b) lack of argumentation on the absence of social harm in the non-submission of a declaration and in the presentation of inaccurate information; (c) positive foreign experience; (d) conformity of article 366-1 of the Criminal Code of Ukraine with the principle of the rule of law. The article employs a set of legal research methods, including terminological, systemic-structural, formal-logical, and comparative-legal. It is stressed that:(a) the criminalization of a socially harmful act is a matter for the legislator, not the Constitutional Court of Ukraine, to decide; (b) the decision does not present or refute any argument on the element of social harmfulness relating to the non-submission of a declaration and the declaration of inaccurate information. On the basis of the investigation, it has been concluded that the decision of the Constitutional Court on the recognition of article 366-1 of the Criminal Code does not comply with the Constitution and has not been sufficiently substantiated.
The deterioration of the criminal situation in Ukraine makes it necessary to intensify the work of law enforcement agencies to combat crime. In particular, there is a need to improve the investigation methods of certain types of crimes. This category of crimes includes crimes committed by members of youth informal groups.The object of the study was public relations in the field of investigation of crimes committed by members of youth informal groups. As a result of the study, the features of proposing a version of the involvement of members of a youth informal group in criminal activity are considered. Initial investigative (search) actions are determined, which serve as the basis for verifying the indicated version. When working on the article, special literature was analyzed devoted to the study of various aspects of the activities of youth informal groups, criminal associations, the fight against crime, the investigation of group crimes, etc.In addition, such scientific methods as observation, analysis, synthesis, and generalization were used. The authors used a combination of methods of scientific knowledge, which together allowed them to achieve the stated results of the study. Among other, the methods of analysis, synthesis, extrapolation, generalization method were used.The empirical basis of the study was the materials of the investigation of crimes committed by members of youth informal groups and associations.
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