ESTABLISHMENT AND SPREAD OF CRIMINAL INFLUENCE AS A COMPLEX FORM OF CRIMINAL ACTIVITY

Abstract

The article provides a description of the establishment and spread of
criminal influence as a complex form of criminal activity. It is noted that in order
to implement relevant state strategies, the criminal legislation of Ukraine has
been supplemented with norms aimed at neutralizing the activities of leaders of
the criminal environment, as well as individual elements of the infrastructure of
organized crime. The approaches to understanding the essence of «criminal
activity» formed within the framework of forensic science have been analysed.
Based on the positions of scientists, a distinction has been made between such
categories as «crime» and «criminal activity».
The existing scientific approaches to understanding the essence of criminal
influence, which have been formed within the framework of criminal law and other sciences of the criminal law cycle, have been worked out. In addition,
detailed attention has been paid to the set of actions that form the objective side
of the establishment or spread of criminal influence through the prism of judicial
practice, formed based on the results of the application of the relevant norm of
criminal law. Substantiated conclusions are drawn regarding the complex of
problematic issues that arise at the theoretical and applied levels during the
application of the specified norms. Special attention is paid to the subject of such
criminal activity, since the legislation directly links its implementation with
certain characteristics of the person, in particular «authority» and «opportunity».
Taking into account the study of persons who establish and spread criminal
influence, typical models of gaining authority for carrying out such activity were
identified. Also, the category of «opportunity» was analysed in the context of the
corresponding form of criminal activity and its connection with the relevant
parameters was substantiated.