CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS
Authors:   Dnipropetrovsk State University of Internal Affairs, Ukraine, Skok Oleksandra , Shevchenko Taisiia ,   Dnipropetrovsk State University of Internal Affairs, Ukraine
Published: August 2021

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.