Legal regulation of combating organised crime in Ukraine: Сurrent state and areas of improvement

Abstract

The relevance of this study is conditioned by the need to develop concrete proposals for improving the legislation in the field of combating organised crime at the present stage. The purpose of this study was to identify, based on the identified gaps in the legal regulation of combating organised crime, the ways of its improvement with due regard to current socio-political realities and international practices. The study addressed these issues using a system of general scientific and special methods of scientific cognition: analysis, synthesis, analogy, comparison, generalisation, content analysis, as well as formal legal, comparative legal, and systemic methods. The results of the analysis of the legal regulation of combating organised crime in Ukraine show that there are substantial gaps in the national legislation, which creates preconditions for further criminalisation of the key areas of the state’s functioning, especially in the context of the ongoing military operations in the country. The study focused on several draft laws, the provisions of which are aimed at strengthening the capacity of actors to combat organised crime and will have a positive impact on eliminating the causes and conditions of its existence. It is proved that modernisation of criminal, criminal procedural, anti-corruption, law enforcement intelligence, and counter-intelligence legislation, as well as improvement of legal acts in the areas of counterterrorism and sanctions policy are of great importance. The study argued that it is necessary to accelerate the implementation of the Europol methodology for assessing the threats of serious and organised crime in Ukraine to provide a strategic vision of the socio-political spheres vulnerable to criminal influence. It was proved that an important prerequisite for effective counteraction to crime is the implementation of the provisions of the Strategy for Combating Organised Crime concerning the creation of stable and systematic legislation for the introduction of new methods and mechanisms of counteraction. The practical significance of this study is that the findings of the study may serve as a basis for improving the legal regulation of combating organised crime in Ukraine as a threat to its national security, primarily during the martial law regime