SOME ISSUES OF OBJECTIVE SIGNS OF THE CREATION OF A CRIMINAL ORGANIZATION

Abstract

The author found out that due to the specific legal nature of various types of criminal organizations, there are peculiarities of their creation, determined primarily by the criminal law features of these organizations and the purpose of their creation. The direct object of the crime provided for in Art. 255 of the Criminal Code of Ukraine, are social relations related to the protection of society from the threat of the creation and functioning of criminal organizations, which they encroach on, causing them harm or creating a threat of its occurrence. Moreover, the creation covers the conspiracy to commit a criminal illegal act and involves the commission of other actions, and it is considered completed from the moment when it contains all its criminal-legal features, provided for in Art. 28 and Art. 255 of the Criminal Code of Ukraine. The creation of a criminal organization as an independent component of a crime allows us to draw a conclusion about its general object – public safety as a system of social values. From the objective side, the crime can be expressed in the following forms: creation and management of a criminal organization; participation in it and criminal illegal acts; organization, management or facilitation of meetings (meetings) of representatives of criminal organizations or organized groups for the development of plans and conditions for joint commission of crimes, material provision of criminal activities or coordination of actions of associations of criminal organizations or organized groups – in short, such actions can be called consolidation of organized criminal activity. Inclusion in the objective side of the composition of crimes provided for in Art. 255, the leadership of a criminal organization is recognized as justified, as it is due to the need to allocate the functions of the organizers of criminal organizations. This action is aimed both at leaders who participated in the creation of a criminal organization, and at persons who did not create a criminal organization, did not participate in it, but joined it later and began to perform the role of organizers in the form of leadership of a criminal organization association. A crime in this form is considered completed from the moment certain actions are committed under the direct leadership of a criminal organization. Proposed changes and additions to Art. 255 of the Criminal Code of Ukraine.