执行一项特殊任务,以揭露有组织团体或犯罪组织在国际学生交流项目领域的犯罪活动

A. Cherniak
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引用次数: 1

摘要

我们国家发展的重要因素之一是与其他国家的学生交换。这种类型的国际合作不仅有助于建立乌克兰的积极形象,加强与其他国家的商业和友好关系,而且对国内教育和科学的发展产生了重大的积极影响,丰富了国家从国外获得外汇收入的预算。但是,国际学生交换项目在取得积极成果的同时,也有消极的一面。国际学生交流项目领域的情况的特点是刑事定罪,各种犯罪活动计划的迅速蔓延和积极转变,这除其他外,对乌克兰的国家安全构成威胁。在侦查和审前调查这些罪行的过程中,出现了一些问题。其中很大一部分涉及使用秘密调查(搜查)行动的机构和相应的业务和调查措施。其中一项行动是根据《乌克兰刑事诉讼法》第272条的规定,执行一项特别任务,揭露有组织集团或犯罪组织的犯罪活动。在实际执行本条规定侦查和调查国际学生交流项目领域犯罪的过程中,出现了一些法律和组织问题,需要科学解决。本文的目的是确定利用执行特殊任务来揭露有组织集团或犯罪组织的犯罪活动在揭露国际学生交流领域犯罪的审前调查中的问题,并提出解决办法。本研究发现,在国际学生交流项目领域打击犯罪的专项任务中,要确保披露有组织集团或犯罪组织的犯罪活动的执行效果,需要完善立法和下属对这一行动和侦查活动以及相应的隐蔽侦查(搜查)行动的规范和法律规制。在打击国际学生交流项目领域犯罪的框架内组织执行一项特殊任务,一方面应根据业务调查活动的理论和实践所采用的规定,另一方面应考虑到该领域有组织犯罪活动的特点。有必要考虑到犯罪组织的具体类型,其中我们区分以下几种:a)跨国犯罪集团;b)专门将乌克兰公民贩运到其他国家的跨国犯罪集团;c)跨国犯罪集团,专门从事非法剥夺来乌克兰接受高等教育的外国人的自由,为他们的返回、劳动和其他剥削勒索赎金;D)专门走私禁止自由流通的物品和物质以及文化财产的跨国犯罪集团;E)具有恐怖主义倾向的跨国犯罪集团;f)乌克兰犯罪腐败集团;(g)在乌克兰以民族为基础、有外国学生参加的犯罪集团;(h)有外国学生参加的在乌克兰成立的其他犯罪集团。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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
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.
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