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INTRODUCTION

Urgency of a theme of dissertational research. Does not raise the doubts that fact, that the organised crime - one of the sharpest and difficult proyoblem, facing to a society. Its prompt development in territory gosuyodarstv, the USSR formed after disintegration, including Russia, Belarus and UkraiYOny, demands increase of efficiency of the measures directed on struggle against it javleniyoem.

One of prominent features modern organised prestupnoyosti is its transnational character, is frequent also international structure of criminal societies (the criminal organisations) in which criminal groups in territory of the various states can operate independently some, but headed by the uniform centre.

Statistical data testify to growth of activity of the organised criminal groups, criminal societies (the criminal organisations) in Russia, BeYOlarusi and in Ukraine. Degree latentnosti the crimes made ukayozannymi by criminal formations is high.

In 2004 in Russia 224 crimes, provided by item 210 UK the Russian Federation «the criminal society Organization (the criminal organisation)», that on 58,9 % more than in 2003 are registered

According to the Center of public relations of the Ministry of Internal Affairs of Ukraine, in 2003 spetspodraz - divisions on struggle against the organised crime in Ukraine reveal 634 oryoganizovannye groups and the criminal organisations as a part of 2,7 thousand organizers and participants which have made 6,2 thousand crimes, including 60 murders and poyokusheny on them, 455 armed assaults, 177 robberies and 1,4 thousand thefts. 123 units of fire-arms and more than 297 kg of narcotics are withdrawn.

The organised character is one of discriminating lines prestupnoyosti and in Belarus.

The estimation of the current legislation regulating struggle with dejayotelnostju of criminal societies (organisations), allows to draw a conclusion, that prayovovaja the base of counteraction to this criminal phenomenon is insufficiently
The developed. It, in our opinion, is one of the reasons of low indicators of struggle against activity of the organised criminal formations.

Unification of legislations of Russia, Belarus and Ukraine (first of all - criminal) should have the purpose development of such rules of law of struggle against the organised criminal formations which would be an effective remedy, to their not allowing organizers and participants to avoid otvetstvennoyosti. They should be uniform enough in legal systems of three gosuyodarstv. In such situation criminals cannot choose for the activity the state by a principle of the least risk or the greatest possible profit. The establishment, in particular, unified criminally-rules of law in the specified sphere of crime control will promote formation uniform sudebyonoj the experts, concerning qualification of the acts connected with creation prestupnoyogo of community (the criminal organisation).

In 2001 criminal codes of Byelorussia and Republic of Ukraine have entered validity. In them have received fastening as independent not only articles establishing responsibility for creation criminal organizayotsii or participation in it (item 285 UK RB and item 255 UK of Ukraine), but also articles, preduyosmatrivajushchie responsibility for: compulsion of the person to participation in criminal dejayotelnosti (item 288 UK RB); complicity to participants of the criminal organisation and soyokrytie their criminal activity (item 256 UK of Ukraine).

The last are absent in UK the Russian Federation. It is necessary to notice also, that unlike UK the Russian Federations in criminal codes BeYOlarusi and Ukraine contain articles directly promoting protivoyodejstviju creation and activity of the criminal organisations (item 38 UK RB and item 43 UK of Ukraine).

The specified norms contain various criminally-legal characteristics of the criminal organisations, various kinds and the sizes of the punishments appointed for soyovershenie of such crimes. In the criminal legislation of Russia, BelaruYOsi and Ukraine is not present uniform definition of the criminal society (criminal orgayonizatsii). The given circumstances complicate application of these norms in territories of the specified countries.

Introduction in the criminal legislation of the states of the new form of partnership «the criminal organisation» (item 19 UK RB; ч.4 item 28 UK of Ukraine), «criminal soobyoshchestvo (the criminal organisation)» (ch. 4 items 35 UK the Russian Federation) cause necessity of their criminally-legal analysis within the limits of institute of partnership in whole, sistematicheyoskom, historical and applied aspects, in particular.

To problem of partnership in a crime in the scientific literature it was given znachiyotelnoe attention, such visible scientists as F.G.Burchak, the Item And GriYOshaev, G.A.Kriger, M.I.Kovalev, P.F.Telnov, A.N.Trajnin, etc. However kachestyovennye criminality changes, distribution of its organised forms neizyobezhno continues to draw attention of scientists-criminalists were engaged in it. It first of all concerns such criminally-legal institute, as partnership in organizoyovannyh the criminal associations characterised by the most advanced stage ustojyochivosti and unity.

It is necessary to notice, that the problem of studying of the criminal society (prestupyonoj the organisations) has received the development in works of the Russian scientists: to its studying it is necessary to N.I.VetroYova, I.M.Galperin, L.D.Gauhmana, A.I.Gurov, A.I.debt, V.S.Komissarova, N.F.Kuznetsovoj, S.V.Maksimova, G.M.Minkovskogo, V.A.Nomokonova, V.S.ObYoninskogo, E.F.pobegajlo, V.A.Utkina, E.A.Antonjan, V.A.Zhabskogo, etc. the Beginning the Belarus scientists: I.I.Basetsky, O.A.Bezljudovym, SE. Daniljukom, etc. Researches in this area the Ukrainian scientists - M.I.Bazhanov, S.E.Efremov, A.P.Zakaljuk, M.I.Korzhansky, M.I.Melnik, G.V.Novitsky, A.A.Pinaev, M.I.Havronjuk are engaged in N.A.Lechenchenko, E.F.Michuliej, V.V. Morozom, A.A.Shardakovym, etc.

The short stories which are taking place in Belarus and Ukrainian criminal zakonodayotelstve, necessity of formation of uniform legal space of Russia, BelaYOrusi and Ukraine, strengthening of organisation of criminal formations aktualiziyorujut a problem of research in respect of unification of the criminal legislation ukayozannyh the states in sphere of counteraction to creation and activity of criminal societies (the criminal organisations).

Object of research are the public relations developing in the course of realisation criminally-rules of law of legislations of Russia, Belarus and
Ukraine, directed on struggle against creation and activity criminal soobyoshchestv (the criminal organisations).

As object of research act: history of development of legislation RosYOsii, Belarus and Ukraine about responsibility for organised criminal dejayotelnost; positions of the criminal legislation in sphere of the struggle directed on counteraction to organised criminal formations; practice primeyonenija criminally-rules of law about responsibility for creation criminal soobyoshchestv (the criminal organisations); questions of unification of the criminal legislation of Russia, Belarus and Ukraine in the given area; the international legal acts in sphere of struggle against the organised crime, the Modelling criminal code for the CIS countries, the criminal legislation of Russia, Belarus and Ukraine.

The purposes and research problems. The purpose of the present dissertational issledovayonija is development of specific proposals and recommendations about unification of criminally-rules of law slavic member states the CIS providing responsibility for creation and activity of criminal formations and practice of their application on the basis of the comparative analysis of criminal codes of the specified countries.

Achievement of the specified purpose assumes the decision of following problems:

• to study historical experience of a regulation in legislations of Russia, Belarus and Ukraine of institute of the criminal liability for creation and dejatelyonost the organised criminal formations;

• to analyse concept and signs of the organised group and preyostupnogo communities (the criminal organisation), containing in norms of the criminal legislation of the specified states;

• on the basis of this analysis to define borders between the organised group and the criminal society (the criminal organisation);

• to investigate objective and subjective signs of structures prestupleyony, provided items 210 UK the Russian Federation, item 285 UK RB, item 255 UK of Ukraine and to carry out their comparative analysis;

• to study application practice criminally-rules of law zakonodatelstyova Russia, Belarus and Ukraine providing responsibility for organizoyo
Bathing criminal activity, and on the basis of it to reveal modern proyoblemy realisations of responsibility for creation of criminal societies (the criminal organisations);

• to establish the bases and criminal liability limits organizayotorov, heads and participants of criminal societies (criminal organizayotsy) to analyse and compare the maintenance of sanctions criminally-rules of law, providing responsibility for their creation and activity;

• to analyse features of criminal legislations of Belarus and Ukraine in sphere of struggle against the criminal organisations;

• to define ways of unification of criminal legislations of Russia, BelaYOrusi and Ukraine in sphere of counteraction to creation of criminal societies (preyostupnyh the organisations);

• to bring and prove offers on perfection ugolovnoyopravovyh norms about responsibility for creation and activity criminal organiyozatsy.

Methodology and methods of dissertational research. The Metodologicheyosky basis of dissertational research is constituted by positions dialektiyocheskogo a knowledge method, and also the positions containing in theoretical works on philosophy, criminal law, criminology, social psiholoyogii.

In the course of dissertation preparation following methods of sotsiyoalno-legal research were applied:

- Istoriko-legal - at studying of historical experience of a regulation ugoyolovnoj responsibility for crimes organised criminal formirovayony;

- Rather-legal - at the analysis criminally-rules of law zakonodayotelstv Russia, Belarus and Ukraine;

- Statistical - at gathering and the analysis of statistical data about prestupleniyojah, made by criminal societies (the criminal organisations);

- Is formal-logic and linguistic - at the analysis of concepts of partnership in the organised groups and criminal societies (the criminal organisations) and interpretation of the rules of law fixing given concepts.

Standard base of dissertational research Constitutions of the Russian Federation, Byelorussia, Republic of Ukraine have constituted, the operating criminal legislation of the specified countries as modern, and predshestyovujushchih the periods, the Modelling criminal code for the CIS countries, the international certificates concerning struggle against the organised crime, departmental normayotivnye the certificates regulating questions of the organisation pravoprimenenija and maintenance of the criminal liability for crimes, made criminal soobshchestyovami (the criminal organisations), and also instructions of plenums of the Supreme Courts of the USSR, RSFSR, the Russian Federation, Byelorussia, ResYOpubliki Ukraine on the specified legal problems.

Theoretical base of research are proceedings on criminal law, criminology and other branches of knowledge Russian pre-revolutionary, soyovetskih and modern Russian, Belarus, Ukrainian and other foreign scientists, work on comparative jurisprudence.

The empirical base of research was constituted by statistical data of the Ministry of Internal Affairs of the Russian Federation, Committee on struggle against the organised crime and koryoruptsiej at the Ministry of Internal Affairs of Byelorussia, Central administrative board on struggle with organizoyovannoj criminality of the Ministry of Internal Affairs of Republic of Ukraine; results of studying of materials more than 50 criminal cases initiated upon fulfilment of crimes, preduyosmotrennyh item 210 UK the Russian Federation, item 285 UK RB, item 255 UK of Ukraine, initiated and rasyosledovannyh in various regions of Russia, Belarus and Ukraine. Was prointervyojuirovano 60 inspectors, public prosecutors, judges and operative workers OVD RosYOsii, Belarus and Ukraine on questions: provings of fault of organizers, rukovodiyotelej and participants of criminal societies (the criminal organisations); criteria otyogranichenija the organised criminal group from the criminal society (preyostupnoj the organisations); Comparisons criminally-rules of law Russia, Belarus and UkYOrainy, providing responsibility for organised criminal dejayotelnost and ways of unification of the criminal legislation of the specified states in

W to this sphere. In work results of the empirical researches spent by other authors, and also judiciary practice of the Supreme Courts of the USSR, RSFSR, the Russian Federation, Byelorussia and Republic of Ukraine also were used.

Scientific novelty of research consists that for the first time on the basis of new criminal codes of the Russian Federation, Byelorussia and Republic UkYoraina at level of dissertational research complex studying of new forms of partnership - criminal societies is spent, the criminal organisations; ugolovnoyopravovyh the norms providing responsibility for creation, a management and participation in the specified criminal formations; "adjacent" norms of criminal legislations of Belarus and Ukraine, absent in UK the Russian Federation are investigated. Novelty of research is caused also by absence of the analysis of the specified norms within the limits of comparative jurisprudence.

The substantive provisions which are taken out on protection:

1. Definitions of concepts «the organised criminal group», «the criminal organisation», «criminal activity».

The organised criminal group is a steady group of persons, in advance obeyodinivshihsja with a view of fulfilment of several crimes or one prestupleyonija, demanding thorough training and organizational activity.

The criminal organisation is the steady and rallied association neskolyokih persons (three and more) or several organised groups created for osushcheyostvlenija of criminal activity with a view of reception of the illegal income.

Criminal activity is a fulfilment of several crimes or an ode

nogo proceeding, consisting of several independent episodes, and takyozhe fulfilment of other actions directed on preparation specified prestupleyony, their concealment, evasion from responsibility and maintenance of functioning of the criminal organisation.

2. In dispositions of norms UK the Russian Federation to use instead of the double name the criminal society (the criminal organisation) uniform - the criminal organisation.

3. To add chapter 8 UK the Russian Federation with article 371: «Performance special zadayonija under the prevention or disclosing of criminal activity organizoyovannoj group or the criminal organisation

1. Is not a crime the forced injury pravoohranjaeyomym to interests the person who according to the law carried out the special task, taking part in the organised group or the criminal organisation for the purpose of the prevention or disclosing of their criminal activity.

2. Rules of a part of first present article are not applied to the person, sovershivyoshemu especially heavy or the grave crime connected with an encroachment for a life or health of the person.

3. The person who has committed a crime provided by a part 2 nastojayoshchej of article, cannot be condemned to lifelong imprisonment, and nakazayonie in the form of imprisonment cannot be appointed to it for the term of more half of maximum term of imprisonment, statutory for it prestupyolenie ».

4. Into a part 1 item 61 UK the Russian Federation to enter point of the following maintenance: «) soversheyonie crimes the person as a part of the criminal organisation which has voluntary ceased further participation in it and actively promoted disclosing and preyosecheniju to criminal activity of such organisation».

5. Article 210 UK the Russian Federation to state in the following edition: «Creation prestupyonoj the organisations or participation in it

1. Activity on creation of the criminal organisation or a management preyostupnoj the organisation or entering into it organised criminal gruppayomi -

Are punished by imprisonment for the term from seven till fifteen years with shtrayofom at the rate to one million roubles or at a rate of wages or inoyogo the income condemned for the period till five years or without that.

2. Participation in the criminal organisation or participation in made such orgayonizatsiej crimes -

It is punished by imprisonment for the term from three till ten years with the penalty at the rate to five hundred thousand roubles or at a rate of wages or other income condemned for the period till three years or without that.

3. Compulsion of the person to participation in the criminal organisation, connected with nayosiliem or with destruction or damage of property or under the threat soveryoshenija such actions, -

It is punished by arrest for the term from three about six months or deprivation svoboyody for the term from three till six years.

4. The acts provided by parts of first, second or third present article, made by the person with use of the official position or a legal status, -

Are punished by imprisonment for the term from ten till twenty years with shtrayofom at the rate to one million roubles or at a rate of wages or inoyogo the income condemned for the period till five years or without that.

The note. The person who has voluntary ceased participation in criminal organiyozatsii or structural division entering into it or association organizayotorov, heads or other representatives of the organised groups and actively promoting disclosing or suppression of this crime, is released from the criminal liability if in its actions does not contain other structure preyostuplenija ».

6. Differences of criminal legislations of Russia, Belarus and Ukraine, preduyosmatrivajushchih norms about responsibility for criminal society creation (preyostupnoj the organisations):

Carrying over by the legislator of Belarus of the moment of the termination of a crime, preduyosmotrennogo item 285 UK RB, on earlier stage. It is considered ended from the moment of fulfilment of the actions directed on creation of the criminal organisation, irrespective of result of this activity. Criminal legislations of Russia and Ukraine connect the moment of the termination of the crimes provided by item 210 UK the Russian Federation and item 255 UK RU, with the moment of creation of the criminal society or the criminal organisation;

In item 255 UK of Ukraine there is no qualifying sign - fulfilment of the acts directed on the organisation, a management or participation in criminal orgayonizatsii, with official position use;

M of the purpose of the crimes provided by item 210 UK the Russian Federation and item 255 UK of Ukraine

(Fulfilment heavy and especially grave crimes), coincide. The purpose prestupyolenija, fixed in item 285 UK RB, is realisation criminal dejatelyonosti or creation of conditions for its maintenance and development;

The special subject of considered crimes is provided only by the criminal legislation of Russia and Belarus. This person using at soyovershenii of specified crimes the official position (UK the Russian Federation) or office powers (UK RB). In UK the given position is not present Ukraine.

The theoretical importance of the carried out dissertational research soyostoit in doctrine development on comparative jurisprudence with reference to otras - to the left right (criminal law); the further development by the competitor scientific poniyomanija the organised forms of partnership and, in particular, such, as «criminal soobyoshchestvo (the criminal organisation)»; a substantiation of necessity of perfection of separate rules of law about responsibility for organised criminal dejayotelnost to a new basis - unifications of the criminal legislation slavic goyosudarstv - members of the CIS.

The practical importance of research. In the dissertation offers on change and unification of positions of institute criminal soobyoshchestva (the criminal organisation) in criminal legislations of Russia, Belarus and Ukraine are formulated. Dissertation positions can be used by preparation zakoyonoproektov, working out of techniques for the law enforcement bodies concerning in - f of proowls of struggle against the organised crime, and also at carrying out of office preparation among employees of law enforcement bodies of Russia, Belarus and UkYOrainy. Besides, materials of dissertational research can ispolzovatyosja in teaching of the criminal, criminally-executive right and criminology in legal educational institutions of the specified states.

Approbation of results of research was spent on international and rosyosijskih scientifically-practical conferences: scientifically-practical conference «Unification of the legislation of Russia and Belarus in the conditions of creation of the Allied state» (23 - on April, 24th, 2004, Smolensk), regional scientifically - if

4* practical conference «Actual problems of perfection of activity of law-enforcement bodies in modern Russia» (on October, 28th, 2004, the Eagle).

Materials of dissertational research are used in educational process at carrying out of employment on criminal law in Bryansk branch of the Moscow university of the Ministry of Internal Affairs of Russia, Academy of the right and management of Ministry of Justice of Russia, AkadeYOmii the Ministry of Internal Affairs of Byelorussia, the Rostov juristic institution of the Ministry of Internal Affairs of Russia and other high schools, activity of law enforcement bodies.

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A source: Chernij Andrey Viktorovich. Criminal liability for the criminal society organisation (the criminal organisation) under the legislation of Russia, Belarus and Ukraine: the comparative analysis. The DISSERTATION on competition of a scientific degree of the master of laws. Ryazan - 2005. 2005

More on topic INTRODUCTION:

  1. in introduction
  2. INTRODUCTION
  3. INTRODUCTION
  4. 10.1. Introduction
  5. INTRODUCTION
  6. approbation and introduction of results.
  7. Introduction
  8. Introduction
  9. INTRODUCTION
  10. INTRODUCTION
  11. Introduction
  12. Introduction
  13. INTRODUCTION
  14. Instead of Introduction …
  15. PRACTICAL INTRODUCTION OF RESULTS OF WORK
  16. 5. Attention strengthening to questions of legal introduction.