Implementation of UN and EU recommendations on criminalization of organized crimes

Abstract

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.

Fight against Corruption-Related Crimes in Wartime in Ukraine

“…So far, it has not been possible to fully implement international anti-corruption standards, norms of conventions, directives, regulations of the Council of Europe and the United Nations (UN), and numerous acts of legislation in the field of anti-corruption and fraud (Orlovskyi, Shapoval, and Demenko 2018). Ukraine still needs to implement the UN and the European Union (EU) recommendations on criminalizing organized corruption-related crimes (Vozniuk et al 2020). There needs to be more political will to overcome corruption (Kvasha 2020).…”

Unconstitutionality of criminal liability for filing inaccurate information in Ukraine: сritical legal analyses

“…When talking about corruption on the specific national level, it should be also noted that critical study of relevant foreign experience in this area will facilitate transposition of relevant provisions of criminal law of various foreign countries in order to adapt, converge, harmonize, unify, etc. (Vozniuk et al, 2020). Indeed, any given state should not be left legally isolated when searching for the appropriate solutions and remedies to fight corruption related offenses.…”