Organized crime is one of the biggest problems of today’s states, with levels steadily increasing and engulfing more and more countries. Such crime is different from crimes that are committed unorganized or alone by their extreme danger to society. Organized crime influences important political and social processes in the state, interferes with the work of public authorities, which damages the efficiency of these bodies and reduces the level of trust in the state apparatus. In general, it can be argued that regardless of the specialization of criminal groups, organized crime is the most dangerous and complex anti-social phenomenon, it has no boundaries, and members of such a criminal group are located in different corners of the world and in the development of telecommunication, computer technologies, combating Organized crime requires new techniques In order to improve the fight against organized crime, Spain updates its legislation every year. This is due to the fact that criminal organizations are coming up with new methods and ways of carrying out their activities and pursuing their interests. Because of this, some old mafia techniques are simply not effective. The strategy has main objectives, it is the delimitation of criminal structures; reducing their activity; preventing the emergence of new criminal groups; reducing the impact on the public; counteracting the growing link between terrorism and organized crime. To do this, the strategy is built around ten lines of activity, seven vertical lines and three horizontal lines that intersect them. This strategy also notes for each area certain actions that will be a very useful tool for all public authorities aimed at ensuring the security of the country. The article analyzes the legislation of Spain in the field of combating organized crime, which highlights the main innovations in this legislation, which increase the efficiency of the work of public authorities in the fight against organized crime. The new strategy for the fight against organized crime is described, its main goals and directions of improvement are investigated. The peculiarities of combating organized crime in Spain, as well as the formulation of proposals for improvement of domestic legislation in the above, were investigated on the basis of the analysis of relevant legal acts.
The article focuses on counteraction to corruption offences in Ukraine and the EU. To this end, the authors conducted a consistent analysis of international legal acts in the field of combating corruption, in particular the United Nations Convention against Corruption of 10/31/2003; Council of Europe Criminal Convention for the Suppression of Corruption (ETS 173) No. ETS173 of 01/27/1999; Resolutions (97)24 of the Committee of Ministers of the Council of Europe on the Twenty Guiding Principles for the Fight against Corruption, etc. The study provides a systemic analysis of individual cases of experience in counteraction to corruption offences in EU countries. Experience of Great Britain, France, Germany, Belgium, Sweden, etc. is explored. The authors proved that all EU countries provide criminal liability for committing corruption offences. In different countries, criminal laws differ in the different levels of detailing of crime, as well as in the different content of the concept of corruption offence. It is proven that corruption must always be considered as criminal offence only. Today, such unambiguity is advisable in the fight against corruption in Ukraine, where the criminalization of a number of blatantly corrupt practices, such as unjust enrichment, lasts for a long period and is ambiguously effective. The article also concludes that the most effective approach of legal support for combating corruption is one that covers criminal prosecution, disclosure of information about public authorities and private entities, their income levels, their wealth, etc., as well as the interaction of law enforcement agencies with the fiscal authorities. On the example of EU countries, we showed that monitoring of financial information of public officials under the private and public laws with the proper level of analytical support for its processing provides the necessary basis for law enforcement agencies to initiate criminal proceedings for such crimes. Special attention is also paid to expanding the scope of administrative services provided by public officials as being covered by the attributes of corruption and lacking legislative support. This will significantly increase the level of transparency of the activity of public authorities, while reducing the level of corruption manifestations. An important conclusion of the article is that the effectiveness of criminal prosecution for committing corruption offences depends on the level of legal culture and the level of legal awareness of both the public and public servants.
Зазначено, що для встановлення змісту права на захист необхідно дослідити інтерпретацію права на захист у практиці національних судів і міжнародних судових установ, юрисдикція яких визнана Україною. Визначено перелік основних обставин, які розглядались ЄСПЛ у рішеннях проти України в контексті порушення права на захист. Наголошено на невичерпності обставин, які можуть становити порушення права на захист, які є результатом судового розсуду. Визначено, що наслідки суддівського розсуду визначаються його відповідністю вимогам закону, мотивованості, справедливості та об’єктивності.
The objective of the article was to determine how effective international institutions are in the mechanism for the protection of human rights and freedoms in the context of national security. The methods of statistical analysis, correlation analysis, generalization and analogy, hypothetical-deductive model were used to achieve the proposed objective. In addition, international institutions were identified that are directly concerned with the protection of rights and freedoms in the event of their violations at the regional level. The correlation was established between the level of human rights protection and the level of national security, the number of international human rights treaties ratified, the number of cases brought before international regional human rights courts. It concludes that international institutions are effective in the mechanism for the protection of human rights and freedoms in regions with a weak national system for the protection of human rights and freedoms. Identifying factors affecting the level of protection of human rights and freedoms in the context of national security in countries with a weak national protection system may be the prospect of further investigation.
The purpose of the article is to identify the factors affecting organized crime and to define aspects of tackling it. The methods of statistical analysis, factor analysis, hypothetical-deductive method, correlation method, generalization method and analogue method were used. The article identified countries with high and low levels of organized crime. Impact of economic development and corruption on the level of organized crime was proved insignificant. Legal factor is not the key aspect of tackling organized crime. Legal approach in tackling organized crime includes: adoption of an international normative legal acts on mutual assistance; development and signing of international agreements on cooperation; development of national and international strategies. The organizational approach implies: international cooperation; decentralization of public oversight authorities and law enforcement agencies in the system of control; development of a program of public involvement; partnership building between state and public institutions.
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