Execution of a special task to disclose the criminal activities of an organized group or criminal organization in the sphere of international student exchange programs
Authors: Cherniak A. 
Published: March 2020

One of the important factors in the development of our state is a student exchange with other countries. This type of international cooperation not only contributes to the establishment of a positive image of Ukraine and the strengthening of business and friendly relations with other states, but also produces a significant positive impact on the development of domestic education and science, enriches the state budget for foreign exchange earnings from abroad. But along with the positive results of international student exchange programs, there are negative ones.

The situation in the sphere of international student exchange programs is characterized by criminalization, the rapid spread and active transformation of various schemes of criminal activity, which, among other things, poses a threat to the national security of Ukraine.

During the detection and pre-trial investigation of these crimes, a number of problems arise. A significant part of them is related to the use of the institute of covert investigative (search) actions and the corresponding operational and investigative measures. One of these actions is the performance of a special task to disclose the criminal activity of an organized group or criminal organization, provided for by Art. 272 of the Criminal Procedure Code of Ukraine. In the practical implementation of the provisions of this article to detect and investigate crimes in the sphere of international student exchange program, a number of legal and organizational issues arise that require a scientific solution.

The purpose of this article is to identify the issues of using the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in uncovering a pre-trial investigation of crimes in the sphere of international student exchange, and suggest their solutions.

This study found that ensuring the effectiveness of the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in the fight against crimes in the sphere of international student exchange program needs to improve the legislative and subordinate normative and legal regulation of this operational and investigative activities and the corresponding covert investigative (search) actions.

The organization of the execution of a special task within the framework of counteracting crimes in the sphere of international student exchange program shall: on the one hand, be based on the provisions adopted in theory and practice of operational investigative activity, and on the other, take into account the specifics of organized criminal activity in this sphere.

It is necessary to take into account the specific type of criminal formation, among which we distinguish the following: a) transnational criminal groups; b) transnational criminal groups that specialize in trafficking Ukrainian citizens to other countries; c) transnational criminal groups that specialize in the illegal deprivation of liberty of foreigners who have arrived in Ukraine to receive higher education, extorting ransom for their return, their labor and other exploitation; d) transnational criminal groups that specialize in smuggling objects and substances prohibited for free circulation, as well as cultural property; e) transnational criminal groups with a terrorist orientation; f) Ukrainian criminal corruption groups; g) criminal groups formed in Ukraine on an ethnic basis with the participation of foreign students; h) other criminal groups formed in Ukraine with the participation of foreign students.