Toma M. «Criminal leadership» in the projects Criminal Code of Ukraine

DOI: 10.33098/2078-6670.2021.12.24.209-214

Purpose. The purpose of the study is a new draft of the Criminal Code of Ukraine, namely, to establish the legal grounds for criminal prosecution for «Criminal Leadership», the purpose is also to study the concept of «Criminal Leadership» and «Leader». The methodology. The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. Investigating this issue, the author used the following methods of scientific knowledge: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results: in the process of research it was determined that an important, central figure of criminal groups is the leader, he is the center of the criminal environment, the leader. The leader unites the criminal family in the psychological sense, gives its activities a purposeful and unified character. Criminal activity and the desire for maximum criminal profit requires management and coordination of actions of participants. Carrying out a comparative analysis, we concluded that the draft Criminal Code of Ukraine proposes a new version of the article which provides for liability for “Criminal Leadership”, thus separating them from long-known types of complicity, due to the central figure of “leader”, which is the coordinating figure of all groups and organizations. Scientific novelty. The study found that the concept of leader – the one who leads, always wins, with a member of the group, all members of which recognize his leadership, rely on him in making serious decisions and solving important problems, also explored the concept of leadership – a kind power, the specificity of which is the direction from top to bottom, as well as the fact that its bearer is not the majority, but one person or group of people. Thus, the concepts of leader and leadership are reflected in criminal law as a phenomenon of crime. Practical significance. The results of the study can be further used in lawmaking to improve the current criminal law, which protects the rights and interests of the country and society from criminal encroachments by the upper caste of «Criminal Leadership», as well as for further research on selected issues.

Key words: criminal responsibility, leader, leadership, criminal group and criminal organization, hierarchy, caste.

References

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