SUBJECT OF CRIMINAL INFLUENCE: ESSENCE AND CHARACTERISTICS OF INDIVIDUAL SIGNS

Abstract

The article analyses the essence and individual characteristics of a special
subject of crime - a subject of increased criminal influence. It is emphasized that
currently there are lively scientific discussions on determining the essence of this
category, assigning specific individuals to such a classification group, as well as
identifying typical features of such individuals. Attention is drawn to the fact that
the lack of clear definition of the content of this category creates a significant
number of problematic issues during law enforcement, in particular regarding the
exact qualification of the relevant criminal offense, as well as determining the
system of circumstances that are subject to establishment and proof during the
investigation of specific criminal proceedings. It is emphasized that this category
of individuals has been studied in quite detail within criminology and forensics as
leaders of the criminal environment, mainly in the context of studying the
activities of criminal groups of various orientations. The existing scientific
approaches to determining leaders of the criminal environment, as well as their
classification according to the relevant features, are analysed. The typical
characteristics of leaders of ethnic criminal groups proposed by scientists are
studied. Special attention is paid to the analysis of authority as one of the key
characteristics of the analysis of the subject of criminal influence, which actually
determines the limits of its establishment and spread. The indicators by which the
authority of such persons should be formed are highlighted. It is justified that in
the context of the characteristics of the subject of criminal influence, it is
necessary to focus on the total authority. The main parameters that characterize
this type of authority are highlighted and their characteristics are given. The
organizational abilities are analysed in detail as a component of the authority of
the subject of criminal influence, as well as the place of the person in the informal
classification of leaders of the criminal environment as a factor that determines
the limits of the establishment and spread of criminal influence.