CONCEPT, TYPES AND GENERAL CHARACTERISTICS OF CRIMINAL OFFENCES COMMITTED BY AN ORGANIZED GROUP AND CRIMINAL ORGANIZATION

Abstract

The article explores the criminal law aspects of committing criminal offences by an organized group and a criminal organization in the context of the current Criminal Code of Ukraine. The purpose of the study is to clarify the concept, types, and legal nature of these forms of complicity, as well as to identify their differences and peculiarities of qualification. The methodological basis of the research includes analysis, synthesis, formal legal and comparative legal methods, which made it possible to conduct a comprehensive examination of the issue.The analysis has revealed that the legislator clearly defines an organized group as a stable association of several persons who have previously united to commit criminal offences jointly, whereas a criminal organization represents a more complex form of complicity with role distribution, hierarchy, and the ability to systematically reproduce criminal activity. The study emphasizes that the presence of such features significantly affects the qualification of acts and the degree of responsibility of participants. Special attention is given to the analysis of provisions of the General Part of the Criminal Code of Ukraine and numerous offences in the Special Part where “commission of a criminal offence by an organized group” serves as a qualifying element.The conclusion highlights that law enforcement practice faces difficulties in distinguishing between an organized group and a criminal organization, which necessitates further clarification of legislative provisions and the development of unified criteria. The practical significance of the study lies in forming scientifically grounded approaches to the qualification of organized forms of criminal activity and improving the mechanism for combating organized crime in Ukraine.