Criminal group as a special form of complicity in a crime

Abstract

Relevance. The relevance of this study is due to the high level of social danger and threat to public life and many areas of the state. Purpose. The purpose of the work is a detailed analysis and definition of the activities of organized criminal groups. Methodology. Among the methodological approaches used, it should be noted the theoretical methodological approach, the functional methodological approach, the formal legal methodological approach, the deduction method, the synthesis method and others. Results. It was noted that the theory of criminal law contains a certain range of problems that are associated with criminal liability for the creation and participation in organized criminal groups. To conduct a more detailed analysis of the definition of the concept of organizational criminal groups, several approaches from the theory of criminal law were studied, which made it possible to identify the main features and principles of the formation of this kind of illegal activity. The United Nations Convention against Transnational Organized Crime was analyzed as a study of a criminal group through the prism of studying this concept at the international level. It was noted that sustainability is one of the main features that characterizes organizational criminal activity. Using a system-structural analysis, the main characteristics of criminal communities and organizational criminal groups were identified and summarized. The Criminal Code of the Republic of Kazakhstan was analyzed and the main legal collisions related to the definition of the concept of a criminal group and ways to counter this illegal organizational activity were noted; in this regard, certain recommendations have been offered. Conclusions. The practical value of the results obtained provides an opportunity to highlight additions to the national legislation for a more accurate definition of the concept under study and increase the effectiveness of counteracting it.