51. Causes and conditions of organized crime.

Factors determining the state of organized crime in Russia:

1) Redistribution of property in conditions of insufficient regulation and stability of market relations that are developing in the economy in transition.

2) Property stratification of society as a result of the concentration of high incomes among persons engaged in commercial, intermediary activities that do not have a significant impact on the revival of the economy (5-10% of the population), and a fall in the living standards of the majority of the country's citizens (60% of the population).

3) Unemployment, loss of job security by citizens. A sharp change in the social status of persons who have not been able to adapt to the new economic conditions leads to the spread of attitudes towards criminal and forceful methods of resolving social contradictions and conflicts. According to foreign experts, an increase in unemployment by only 1% causes an increase in crime by 5%, and for organized crime this figure is 1.5 times higher.

4) Increasing the victimization of citizens' behavior in the field of socio-economic relations. Lack of economic skills in the overwhelming majority of the population in the conditions of emerging market relations, lack of awareness of the rules and procedures for transactions and other civil law operations contribute to a decrease in the level of protection of their property, the development of criminal business, and the commission of grave mercenary and violent crimes by organized criminal structures.

Economic processes contributing to the growth of organized crime are largely determined by the following socio-political factors:

1) Weakening the role of the state in the legal regulation of the economy, in the formation of civilized market relations, in the fight against manifestations of the “wild market” (under the pretext of non-interference in market relations as a self-governing system, supposedly capable of independently ensuring its functioning without outside interference).

2) Elimination of most forms of social control as a result of political instability in society, exacerbation of interethnic, ethnic, religious conflicts, the collapse of a single system of law enforcement, customs, border, control bodies, and a decrease in the effectiveness of their activities.

3) Gaps in the criminal, criminal procedural and criminal-executive legislation regarding the concepts of a criminal community, organized criminal activity as circumstances qualifying an act and aggravating the punishment of the perpetrators, the procedure for proving and ensuring the safety of participants in the proceedings in cases of organized crime.

Seriously contribute to the growth of organized crime and contradictions in the spiritual life of society. The following factors are of particular importance here.

1) Deformation of the moral position of the population in relation to crime in general, organized crime in particular. Committing various kinds of abuses and offenses in the economy, in everyday life, getting used to them as permissible for oneself and forgivable for others provokes the growth of organized crime, does not induce citizens to actually oppose it. The situation that has developed in recent years in the spiritual sphere is characterized by manifestations of extreme selfishness, selfish private property interests, increasing disbelief in the possibility of justice, lack of legal and a decline in the general culture of the population.

2) Negative processes in the field of ideology, education of young people. The purposeful activity of individual mass media to disorient young people in choosing life goals and means of achieving them, forming a cult of "beautiful" life, strength, permissiveness in them often causes irreparable damage to society. A qualitative leap in the volume of international relations and tourism has entailed side effects that contribute to the establishment of closer contacts between Russian criminal communities and foreign organized criminal groups.

3) Significant criminal potential of the population. According to experts, in Russia, 15-18 million people have gone to the "school" of correctional institutions.

52. Prevention of organized crime.

Organized crime prevention involves the implementation of a complex set of general social and special criminological measures.

General social measures, being aimed at the socio-economic development of society and thus at the prevention of crime in general, are at the same time a means of overcoming its organized part. These include, first of all, overcoming crisis phenomena in economics, politics, social ideology and psychology, the social sphere, and law enforcement. The implementation of this task both at the federal and at the level of individual regions, on an interdepartmental and departmental basis, carried out with a long-term perspective, will stabilize the social organism and provide a real basis for combating organized crime.

Special-criminological measures involve the implementation of direct work by law enforcement agencies aimed at eliminating, weakening and neutralizing the criminogenic factors affecting the growth of organized crime. However, to defeat this crime with the help of these measures in the near future is an unrealistic task. Its solution depends to a greater extent not on the implementation of predominantly repressive, “forceful” measures, but on the successful implementation of general social measures, the creation of a civilized legal state and civil society, and a healthy market economy.

Basically, the prevention of organized crime by law enforcement agencies is achieved as a result of work on the elimination of criminal groups, bringing their members to criminal responsibility. In this case, the following preventive measures are taken:

1) identification and registration of organized criminal groups and their members;

2) the creation of conditions that hinder or exclude the commission of crimes by them;

3) prevention of contemplated crimes;

4) suppression of crimes prepared and committed by organized formations;

5) purposeful influence on the leaders of organized groups in order to neutralize their influence on other participants and disunite the criminal formation;

6) implementation of targeted comprehensive programs for combating organized crime by specially created and operating on a long-term basis groups of employees of law enforcement and regulatory agencies at the federal and regional levels.

53. General characteristics of the criminality of military personnel and the personality of criminals in military personnel.

Military crime- a set of crimes committed by military personnel, as well as military builders and citizens who are equivalent to them in status and criminal liability, while they are undergoing military training.

War crime system includes:

1) general crimes for which a special subject is not required;

2) military crimes with a special subject - a soldier. The object is military law and order.

Features of the determination of military crime:

1) increased importance of subjective, including ideological factors;

2) the rigid dependence of the internal army situation on state support;

3) the existence of traditional prevention mechanisms. Failure to use these mechanisms is a criminogenic factor.

As a rule, the higher the military rank, the lower the criminal activity, and the nature of crime shifts from violent (dominates among the rank and file) to mercenary (among officers).

To identify criminologically significant features inherent in the socio-psychological characteristics of the personality of military criminals, there should be

analyzed their motivational sphere. Internal conditions of motivation are psychophysiological and biological personality traits (including psychophysiological abnormalities - psychopathy, mental retardation).

The official army statistics on the dynamics of crime it is necessary to analyze, corrected for latency, and also take into account other circumstances that can affect the absolute indicators of crime.

Causes and conditions giving rise to crime in the army:

1. General causes of crime, depending on the living conditions, upbringing of the offender before conscription. These reasons can be eliminated with the help of appropriate educational, disciplinary measures during the service.

2. The reasons, formed under the influence of the army conditions of life, everyday life. Here there are factors both weakening the effect of these reasons, and reinforcing them.

3. Military reasons and conditions that influenced the criminal behavior of the offender. This includes the shortcomings of the organizational, disciplinary and educational activities of commanders and superiors (their immoral, illegal behavior, indifference

to subordinate military personnel, mismanagement, concealment of crimes, etc.).

54. Causes and conditions of criminality of military personnel.

The reasons and conditions for the criminality of military personnel are largely determined by the general determinants of criminality. At the same time, these general determinants in relation to the peculiarities of the military environment, conditions of military service and everyday life are manifested in a very specific way. This circumstance is explained by the fact that the Armed Forces, while not being an isolated social organism, are nevertheless a relatively independent state institution with the peculiarities of interaction of people with each other and with society inherent only in it. The general causes of criminality in the country, affecting the criminality of military personnel, inevitably change in the conditions of army reality. As a result, specific criminogenic and anti-criminogenic factors operate within the military collectives.

The reasons and conditions for the crime of military personnel can be grouped as follows:

1. Economic. In a number of other causes of crime, economic ones are traditionally highlighted in the foreground, which is quite justified. However, in the Armed Forces, economic reasons are manifested in a somewhat peculiar way. Servicemen who do not receive monetary allowance for months often commit mercenary crimes to feed themselves and their families.

2. Social. Given the chronic underfunding of the army, the ongoing military reform has not yet yielded positive results. On the contrary, social tension is growing both within the army (between officers, between officers and conscripts, between conscripts, between members of the Armed Forces and members of other troops, etc.), and in relations between the army and society as a whole.

The social causes of criminality among servicemen should also include the spread of drunkenness among them, and in recent years, drug addiction.

3. Socio-psychological. The Russian army is gradually becoming a haven for people with the stigma of "social outsiders". This mainly applies to conscripts, since among the recruits are dominated by young men who have not been admitted to institutes or who have not been able to find a job that gives the right to deferment. This should also include conscripts whose parents could not find for them other (often illegal) methods of evading military service.

4. Ideological. The change in ideological guidelines in the country led to the disorientation of the military. Society, rejecting the Marxist-Leninist ideology, did not offer any other. Under such conditions, commanders of military units are forced to look for the "ideology of the regiment", i.e. each part has its own traditions, its own ideology.

Aggression, violence, the cult of the superman, propagated by the media, also correlate with the crime of military personnel.

5. Political. The struggle for influence on the Armed Forces continues between various parties and movements, which often goes beyond the rules established by law (for example, some politicians at one time called on military personnel to de facto disobey the government). Unfortunately, this leads to disorientation of servicemen, conflicts between them on political grounds.

6. National. The Russian Armed Forces are still staffed with servicemen of different nationalities.

7. Cultural. The poverty of the cultural life of our society is well known. If in the central cities and regional centers there are entertainment establishments, in the "outback" in the overwhelming majority of cases there are no museums or theaters. However, the Armed Forces of the country have been replenished with servicemen called up from the "hinterland" in the past few years.

8. Organizational and managerial, including poor-quality service by officers and junior commanders, poor organization of training, education, life of young soldiers, shortcomings in the selection and placement of personnel, etc.

55. Crime prevention of military personnel.

The main directions of the prevention of military crime:

1) Socio-economic measures - they are implemented at the general social level: improving the vital functions of troops depends on their release from unusual functions, on the professionalization of the army, and on improving the social and material situation of servicemen.

2) Educational measures - a set of means and methods of influencing human consciousness with strict observance of constitutional rights and individual freedoms. These measures are operational (they can be implemented in any conditions of life and activity of a serviceman) and promising (their positive orientation). An important measure of the educational influence on subordinates is the personal example of commanders and superiors in the observance of the rule of law;

3) Organizational and managerial measures - strict adherence to statutory requirements in the life and activities of units and subunits is an important organizational measure to prevent and prevent the commission of offenses among military personnel. The elements

social control in the army: normative - legal norms set forth in various acts; organizational - control over the observance of legal norms by military personnel by commanders, enforcement of execution; psychological - public opinion, assessments of the current rules of conduct in the army.

4) Criminal measures - for the commission of crimes, the perpetrators must bear personal criminal responsibility. It cannot be passed on to commanders and chiefs, provoking them to conceal crimes. The commander should be held accountable for direct omissions in service that contributed to the commission of crimes by subordinates, but subject to proof of his guilt. The effectiveness of the prevention of military crime depends on the content of criminal laws, the level of law enforcement, as well as on the quality

the work of the military justice authorities. In the fight against military crime, first of all,

general preventive measures are changing. Society needs a clear formulation of national ideals and the concept of national security, reflected in the law. The ideological support of the prestige of military service is a necessary condition for the health of the army.

56 concept of deviant behavior.

Deviant behavior is most often an attempt to leave society, to escape from everyday life problems and adversities, to overcome a state of insecurity and tension through certain compensatory forms. However, deviant deviant behavior is not always negative. It may be associated with the desire of the individual for the new, an attempt to overcome the conservative, which prevents him from moving forward.

Norms are the rules of behavior adopted in a particular society and existing both in legislative acts and at the level of everyday consciousness. Thus, norms are not only prescriptions indicating socially approved algorithms of behavior and punishment for violations of these algorithms, but also a reflection of actual behavior.

Accordingly, any behavior deviating from the existing social rules, deviant behavior, was interpreted as unacceptable. Consequently, deviation is a deviation from the norm, considered by most of the members of society as reprehensible and unacceptable.

Deviation cannot be said to be inherent in certain forms of behavior; rather, it is an evaluative definition imposed on specific patterns of behavior by various social groups. In everyday life, a person makes judgments about the desirability (or undesirability) of a particular style of behavior; society translates such judgments into positive (or negative) consequences for those who follow (or do not follow) such behaviors. In this sense, we can say that deviation is what society considers a deviation. Deviations can occur in the field of individual behavior, they represent the actions of specific people, prohibited by social norms. At the same time, in every society there are many deviating subcultures, the norms of which are condemned by the generally accepted, dominant morality of society. Thus, deviant behavior is understood as:

1) the act, actions of a person that do not meet the officially established or actually established norms in a given society (standards, templates);

2) a social phenomenon, expressed in mass forms of human activity that do not correspond to the officially established or actually established norms in a given society (standards, templates).

The causes and conditions of organized crime are not a kind of superstructure over social relations that can be isolated and cut off in the shortest possible time, but a certain aspect of this system itself or side, but fairly stable consequences of its functioning.

In the last decade, the range and nature of the determinants of organized crime has changed qualitatively.

Organized crime determinants are associated with:

a) a sharp property stratification among the population of the country, the acquisition of especially valuable and prestigious property.

b) the establishment of mutually beneficial criminal ties - for protection from competitors or their elimination, for the use of some criminal structures to protect against others, for joint activities to extract maximum profit from legal and illegal economic transactions, for laundering and investing funds obtained by criminal means, etc.

c) expansion of the illegal market to satisfy social pornography, drug addiction, sweepstakes, etc.) Dolgova A.I. Criminological assessments of organized crime and corruption, legal battles and national security. - M., Russian Criminological Association, 2011 .-- 665 p.

Public opinion is disoriented by publications about the omnipotence of organized criminal structures and therefore, while expressing dissatisfaction with the state of affairs in a verbal and impersonal form, at the same time does not induce citizens to actually resist extortion or other encroachments, possibly from organized criminals.

Another socially incorrect tendency in publications on crime in general and organized crime in particular is the violation of the optimal balance between harsh and in many cases fair criticism of specific shortcomings of law enforcement and showing its positive aspects. The general indicator of public confidence in the police, the prosecutor's office, and the courts also fell to a fairly low level. The criminogenic influence of these factors on the creation of situations favorable for the actions of organized criminals is obvious.

In particular, organized criminal structures purposefully create conditions for their reproduction by spreading gambling, drugs, prostitution, etc. among the population (direct involvement, propaganda through the media, brothel keeping), which increases the number of the background contingent supporting organized crime. and ready to render her services.

Territorial youth groupings and gangs are being created that serve as the initial stage of involvement in organized crime.

A selective study of youth groups with a negative orientation showed that from 1/3 to 1/2 of the adults included in the leadership core of these groups, as a rule, at the age of 18-24, were simultaneously included in the “adult” organized criminal structures and carried out their assignments. using the force and means of their groups Voronin Yu.A. Essence and development trends of organized crime Organized crime: state and trends (research materials). Yekaterinburg, 2009

Processes and phenomena leading to an increase in organized crime:

Cultivation of ideas of the market and private property without proper legal support, unjustified delay in the adoption of fundamental laws that ensure a normal transition to the market, primarily in the fight against organized crime and corruption;

The impoverishment and legal nihilism of the majority of the country's population;

Doctor of Law, criminologist Ovchinsky Vladimir Semenovich believes that organized criminal groups in Russia continue to exist at the present time, but in a different form.

“Probably, the main difference between the new bandits is that never - neither in the 1980s, nor in the 1990s - there was such a large-scale presence in the organized criminal group of representatives of official state structures.

It is safe to say that in our country there is not a single “spotless” state structure - be it the government, ministries, the apparatus of governors or the mayor's office.

Power structures occupy a special place in this “hit parade”. Even in the dashing 90s, there was no such large-scale involvement of law enforcement officers in organized crime groups.

As an illustration, we can cite the absolutely fantastic case of prosecutors near Moscow, who "protected" the gambling business. As a former head of Interpol, I affirm that there are no analogues in world practice.

What the Moscow region prosecutors were doing was not just a corruption system. These people have closed the functions of bandits on themselves. They personally extorted, personally threatened, personally brought in the bandits.

There has never been such a case that the deputy prosecutor of the Moscow region went on the run and was on the wanted list. This is unprecedented. And if only the case of prosecutors.

For example, in May, the trial of the "brotherly" organized criminal group was completed, followed by raiding, illegal forestry business, murders, and racketeering.

It is curious that the head of the "fraternal" organized criminal group was a former deputy from "United Russia", a well-known businessman Vadim Malyakov, the initiator of the contract killings was the head of the Internal Affairs Directorate of Bratsk Vladimir Utvenko, the perpetrators were policemen and bandits, the coordinator was a deputy from the Liberal Democratic Party of Russia Alexander Zagorodnev

To understand the reasons for what is happening, you need to remember the history.

As a practitioner, I can argue that already in the 80s, when the first signs of criminal organization appeared, the power structures began to deal with this issue.

By the mid-1980s, the leadership of the Ministry of Internal Affairs sent secret directives to the localities on the fight against a particularly dangerous form of organized crime - organized groups.

Then, in 1988, special units for combating organized crime began to be created. As a result, crime was contained. However, since 2008 the situation has changed dramatically. Units for combating organized crime - Organized Crime Control Department - were eliminated.

Experts believe that in 2008, after the liquidation of these special forces, the situation was returned in one fell swoop 20 years ago.

As a result of this rash step, we lost the structures that should deal with organized crime, and with them a large number of professionals.

In addition, the operational records of organized bandit groups were lost or destroyed. Although the public was assured that everything was preserved. On a national scale, up to 80,000 active members of organized criminal groups remained uncontrolled.

I recently analyzed the statistics of the Supreme Court from 2004 to 2009.

The result is a terrible picture. For example, only 0.2% of those who committed premeditated murders were sentenced to life.

Only 3-4% of them were sentenced to 25 years. Of the 234,000 convicted of grievous bodily harm, including death, only two bandits received the maximum sentence.

Of the same category of convicts, 37% received a suspended sentence and remained at large. During the same period, 1180 people were involved for banditry. Of these, only three received the maximum term. 147,000 people were convicted of robbery. Of these, only seven received the maximum term.

440 people were convicted for a rather rare article “organizing a criminal community”. Of these, only 37 mafiosi received the maximum sentence.

But even those who get the maximum deadlines don't get too upset. They are released on parole (parole) after half a term. Therefore, the entire contingent of the 1990s, which, as it seems to us, is in prison, has left for a long time. Moreover, there are all the conditions for this. ”Ovchinsky V.S. Criminal Russia. Moskovsky Komsomolets No. 25679. June 29, 2011

Conclusion: The main processes and phenomena that lead to an increase in organized crime include:

Merging the leaders and active participants of organized criminal groups with representatives of the legislative, executive and judicial branches of government, business, commerce, media and culture;

Failure of the state to protect a number of fundamental constitutional rights and interests of citizens and society;

Lobbying the interests of individual groups by responsible officials for narrowly selfish purposes.

If we approach the phenomenon of organized crime through the concepts of stable groups (gangs, gangs) of criminals with their inherent hierarchy, planning of crimes, intra-group norms of interpersonal relations, then we can conclude that this type of crime has existed since time immemorial.

In tsarist Russia, for example, there were groups of horse thieves, which numbered up to 300 people. They had their own villages, where they repainted horses, and had connections with the police. But these are isolated cases, not a system. Perhaps, for the police of those times, they were something like organized crime. The same can be attributed to the 30-40-50 years, when the group of “thieves in law” was operating. However, at best, one could talk about professional crime and some elements of the manifestation of organized crime, because there was no main thing - the economic base of criminals, the accumulation of capital through illegal profits, there was no influence of criminal gangs on state policy, authorities and administration.

In addition, one cannot fail to take into account that under the harsh conditions of the Stalinist totalitarian state, criminal organizations could not appear, and most importantly, operate for a long time, and even more so to exert some influence on politics. Totalitarian regimes do not tolerate any kind of organizations that threaten them.

Nevertheless, there is a widespread point of view according to which organized crime has always existed in the USSR. It is difficult to agree with it, since this phenomenon has specific causes and inherent signs.

In every country where organized crime exists today, the process of its emergence and development had its own characteristics, but it is also associated with general socio-economic conditions.

Under the conditions of the USSR, the development of criminal clans took place under the influence of a number of social, economic and legal factors. But before they began to act, a solid criminal base was created for them. Since the beginning of the adoption of the new criminal legislation (1960), 24 million people have been convicted in the country, a third of whom have taken the path of relapse. Crime grew, outstripping the rate of population growth, creating a stable and large contingent of professional criminals (thieves, swindlers, robbers, currency dealers) living off criminal activities. They did not form the basis of organized crime, but only became catalysts for criminal processes.

These processes were as follows. In the mid-60s, economic failures were clearly visible. Show-off and irresponsibility have become the norm, control over the measure of labor and consumption has ceased to function. This resulted in large, super-large thefts of state property. Individuals and groups appeared that illegally concentrated in their hands huge amounts of money and values, which they began to invest in illegal production. This is how the criminal part of the shadow economy began to strengthen. The emerging multimillionaires surrounded themselves with militants, fought for sales markets, bribing officials, and infiltrated the state apparatus.

Involving an increasing contingent of employees in the sphere of criminal transactions, they turned individual branches of the national economy into their fiefdoms, into a permanent and inexhaustible source of livelihood. This was especially evident in trade, in the utilities sphere, in the cotton industry, etc. A sort of spontaneous and criminally organized redistribution of the national income began.

Since this period, a new category of criminals called tsehoviks has been firmly established in the criminal world. In order to expand their illegal business and in connection with the emerging competition, according to the objective laws of the economy, they began to unite into communities and, with the help of a whole system of bribes and other illegal means, create reliable protection from social control. Criminal structures appeared, operating both vertically and horizontally. Thus, organized crime, which transformed from the USSR into Russia, appeared in the form of clans, various kinds of businessmen and schemers in the economic sphere. In fact, criminal organizations operated inside state institutions, engaged in obtaining illegal profits.

But its development could not stop there, since there was a rather powerful “class” of professional criminals. Secondary redistribution of public funds began. Under these conditions, traditional professional criminals and recidivists reoriented themselves and began to rob, rob those who themselves lived robbed. As one of the leaders of the Moscow criminal organization put it, the expropriation of the expropriated began. Various types of gambling fraud, theft, robberies, kidnapping of people sharply increased, racketeering began to develop.

Among professional criminals, their uncrowned kings have appeared. They divided territories and spheres of influence, levied tribute to the dealers of the shadow economy. All this began to lead to the merger of businessmen with the leaders of criminal groups. Moreover, this was preceded by special organizational measures. The agreements were consolidated at gatherings of leaders of the criminal environment, where representatives of economic crime were also present. Some pledged to pay 10-15% of the amount of illegal income, others guaranteed their safety. In the future, the thieves began to protect businessmen from the economy, to help them in the sale of products and reprisals against competitors.

Thus, in contrast to organized crime in a number of Western countries, which developed on prohibited types of services - prostitution, gambling, drug trafficking, our organized crime was formed in the economic sphere. In the future, the interests of the underground business dealers began to intertwine with the interests of the traditionally criminal element. Therefore, in domestic organized crime, the most widespread are economic and common crime. Criminal organizations, representing a functional hierarchical system, have become a criminal symbiosis of dealers in the shadow economy with professional criminals and corrupt officials of the state apparatus.

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CRIMINOLOGICAL CHARACTERISTICS OF ORGANIZED CRIME AND ITS PREVENTION

Organized crime is understood as a social phenomenon that encompasses the totality of grave and especially grave crimes committed by stable, hierarchical, systematically operating criminal structures (groups, communities), whose activities are directly or indirectly mutually reinforced and agreed upon by the organizers and leaders of a certain territory or in a certain administrative, entrepreneurial or any other area of ​​economic, political activity.

Organized crime is one of the most complex and dangerous types of criminal offenses and has a number of essential features. It is characterized by the presence of groups, organizations and individuals for the systematic engagement of crimes, stability, a well-functioning system of connections between their participants, the distribution of roles between them, a hierarchical system of relationships. In the lower organized criminal formations, the relations of the participants are built according to the scheme: the ringleader - ordinary performers (as a rule, only from 3 to 10 people), and the role of each of them is predetermined. Typical types of criminal acts for such groups are theft, robbery, robbery, fraud, banditry.

At higher levels (middle, higher) of organized criminal activity, new types of illegal business are being mastered, a more consistent specialization of criminals is provided, intermediate links appear between the leader and other participants in the form of scouts, militants, performers, bodyguards, etc. Such groups include up to 50 or more people and usually specialize in extortion, drug trafficking, smuggling, fraud in credit and financial and foreign economic activities. The presence of corrupt ties is characteristic. Organized criminal groups use bribery of officials directly to commit illegal transactions, obtain business information and cover documents, suppress competitors, evade taxes, etc.

Organized crime is characterized by a selfish motivation for unlawful behavior, a constant focus on obtaining income. Violent crimes (for example, contract killings) are in one way or another subordinated to selfish goals. With their help, competitors in the criminal business, entrepreneurs, debtors, etc. are eliminated.

A characteristic feature of organized crime is developed interregional and transnational ties (within the CIS, as well as other near and far abroad countries). Organized crime is an international phenomenon. Russian organized crime has specific features and characteristics. So, unlike many countries, organized crime in Russia not only exploits various types of underground and semi-legal business (gambling, illegal trade, etc.), but also “has its share” in some highly profitable areas of legal entrepreneurship (alcoholic, tobacco , auto business, export of oil products, coal, timber, etc.), controls large production facilities, economic authorities, banks.

Specific for Russia is this type of association of criminals as a community of thieves in law. These active criminals are the leaders of the underworld. If earlier the concept of “thieves in law” was associated mainly with the figures of professional criminals specializing in the systematic commission of thefts, now it is often a business person who owns a shop, leisure center, casino, food or manufactured goods market, etc. Thieves-in-law dispose of the colossal funds, which are concentrated in the common fund.

The stable criminal formations may include malicious repeat offenders with a long criminal career, and previously not convicted persons, the latter are often leaders. They have a higher level of education and intellectual development than other criminals. In terms of psychological qualities, these are, as a rule, energetic, enterprising, purposeful people, distinguished by audacity, often cruelty.

The personality traits of the members of organized criminal groups are distinguished by special audacity, cynicism, increased aggressiveness, and cruelty.

Organized crime makes extensive use of professional criminals.

Causes and conditions of organized crime. In accordance with the genesis and nature of organized crime, the following causes and conditions play a decisive role in the mechanism of its determination:

1. Vices (cultural, political, socio-economic) foundations of the organization of the life of society.

2. Ineffectiveness of measures to combat criminal manifestations: the discrepancy between the underlying factors of crime and the superficial measures by which the state is trying to get rid of it.

3. Criminal self-development (the ability of crime to self-organize and the ability to tighten the means of combating it to respond by strengthening the means of ensuring criminal security and the effectiveness of criminal activity).

4. Vices of the political system of society:

a) the passivity of public authorities due to defects in the political system; political, ideological, social crises, corruption, weakness of political leaders, their inability to act effectively in difficult conditions;

b) insecurity (material, cultural, organizational) of the rational functioning of democratic institutions of the social order.

5. Interstate contradictions that impede the concentration of society's efforts in the fight against crime.

Organized crime prevention carried out on the basis of a set of measures for general social and special-criminological prevention. It is important to undermine the economic roots of organized crime, develop and consistently implement a complex of organizational, managerial, financial, tax and other measures that create difficult conditions for criminal business and are aimed at ousting criminal methods of regulating economic relations from production, and suppressing the legalization of criminal capital.

Along with the criminal-legal prohibitions in the Criminal Code of the Russian Federation, in order to combat organized crime, it is necessary to adopt special laws, as in many foreign countries, regulating the fight against organized crime. Particular importance in this fight is attached to specialized units for the fight against organized crime. The fight should be focused on undermining authority, creating conflict situations leading to the disintegration of a group or community, i.e. destruction of integrity, stability - a qualitative sign of the criminal system.

Organized crime, as already indicated, is a consequence of general contradictions in various spheres of social life (economic, political, social, spiritual), the result of the contradictory development of our society over the past decades.

Overcoming crisis phenomena, and therefore organized crime, is a very complex, long-term process that requires significant material and technical, intellectual, legal, informational and human resources.

The main factor in the growth of organized crime is the process of criminalization of the economy, which manifests itself in an imbalance in the financial and credit sphere, a high degree of monopolization with a relatively free pricing system, inflation, underdevelopment and imperfection of tax formation.

Economic processes contributing to the growth of organized crime are largely determined by the following socio-political factors:

1) the weakening of the role of the state in the legal regulation of the economy, in the formation of civilized market relations;

2) the elimination of most forms of social control as a result of political instability in society, exacerbation of interethnic, ethnic, religious conflicts;

3) gaps in the criminal, criminal procedural and criminal-executive legislation regarding the concepts of a criminal community, organized criminal activity as circumstances qualifying an act and aggravating the punishment of the perpetrators, the procedure for proving and ensuring the safety of participants in the proceedings in cases of organized crime.

Seriously contribute to the growth of organized crime and contradictions in the spiritual life of society. The following factors are of particular importance here:

1) deformation of the moral position of the population in relation to crime in general, organized crime in particular;

2) negative processes in the field of ideology, education of young people;

3) significant criminal potential of the population.

According to experts, in Russia, 15-18 million people have gone through a "school" of correctional institutions; the number of persons who have committed latent crimes, according to experts, is approaching 15 million; the number of crimes committed annually - about 3 million; about 5 million


crimes are officially considered unsolved. Consequently, 35-40 million people (practically every third adult Russian) are involved in criminal activities.

Organized crime prevention involves the implementation of a complex set of general social and special criminological measures.

General social measures, being aimed at the socio-economic development of society and, thereby, at the prevention of crime in general, are at the same time a means of overcoming its organized part. These include, first of all, overcoming crisis phenomena in economics, politics, social ideology and psychology, the social sphere, and law enforcement. The implementation of this task both at the federal and at the level of individual regions, on an interdepartmental and departmental basis, carried out with a long-term perspective, will stabilize the social organism and provide a real basis for combating organized crime.

An important role in the prevention of organized crime is played by information and analytical support, the creation of a data bank that includes information about

criminal structures, directions of their activity, leaders and criminal authorities, relations developing between them, etc.

Information and analytical work is carried out in the following areas:

1) obtaining strategically important information with the help of operational-search means and methods and its analysis. Its content is confidential information and statistical data on the distribution and types of organized crime;

2) obtaining intelligence information about criminal groups committing crimes of an international (transnational) nature (financial fraud, smuggling of weapons, historical and cultural values, as well as auto and drug trafficking), sending it to the relevant law enforcement agencies, coordinating the actions of these services with the National Bureau Interpol, similar services of other countries (if there are agreements with them);

3) obtaining counterintelligence information in order to ensure their own safety, as well as to identify corrupt law enforcement officers.