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.
