THE LEGAL MECHANISM OF THE PREVENTION OR DISCLOSURE OF CRIMINALLY ILLEGAL ACTIVITIES OF AN ORGANIZED GROUP OR CRIMINAL ORGANIZATION

Abstract

The article examines the association of legal norms on the implementation of a special task to prevent or uncover criminal illegal activities of an organized group or criminal organization. It was established that the minimization of the negative impact of organized crime on the order of relations in society is aimed, in particular, at the norms that provide for the performance of such a special task as an undercover investigative (search) action (Article 272 of the Criminal Procedure Code of Ukraine), as an operative search action (paragraph 8 Part 1 of Article 8 of the Law of Ukraine “On Operational and Investigative Activities”), as circumstances that exclude the criminal illegality of the act (Article 47 of the Criminal Code of Ukraine). On the basis of the analysis of the criminal procedural norm and the corresponding norm of the Law of Ukraine “On operative and investigative activities», it was concluded that the criminal procedural norm stipulates the right of operational units to perform a special task, since Clause 8, Part 1 of Art. 8 of the Law of Ukraine «On operative investigative activity” refers to Art. 272 of the Criminal Procedure Code of Ukraine. It was determined that the execution of a special task is primarily of a criminal procedural nature, and secondarily of an operational and investigative nature. It was concluded that in Art. 43 of the Criminal Code of Ukraine, which provides for the grounds and conditions for the performance of a special task as circumstances that exclude the criminal illegality of the act, contains a rule-guarantee for persons who performed such a task in order to carry out an undercover investigative (search) action or operational search measure. The above norms were considered from the point of view of the association of legal norms, which have a common subject of legal regulation – the performance of a special task, which determines the need to combine such legal norms into an association. Given the defined legal nature of the relevant norms, it was established that the role of general (sui generis) in this association. It stipulates the establishment of grounds and conditions for the performance of a special task as a circumstance that excludes the criminal illegality of an act.