ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

SPECIFIC DIRECTIONS OF IMPROVING LEGAL REGULATION OF OPERATIONAL AND INVESTIGATIVE ACTIONS TO COUNTER ORGANIZED CRIME BY LAW ENFORCEMENT BODIES OF UKRAINE: THE EXPERIENCE OF THE UNITED STATES OF AMERICA

SPECIFIC DIRECTIONS OF IMPROVING LEGAL REGULATION OF OPERATIONAL AND INVESTIGATIVE ACTIONS TO COUNTER ORGANIZED CRIME BY LAW ENFORCEMENT BODIES OF UKRAINE: THE EXPERIENCE OF THE UNITED STATES OF AMERICA

Pages: 69-81
Year: 2025
Location: Pravova Ednist Ltd

Review

The article analyzes the positive experience of the USA as a state with one of the most effective systems of legal regulation of law enforcement activities in the field of combating crimes committed by transnational organized criminal organizations. It is found that the Federal Bureau of Investigation is an entity that combines the functions of intelligence (operational and investigative tactics) and criminal procedural activities in its activities. The combination of procedural and operational and in-vestigative functions is inherent in countries with the Anglo-Saxon legal system. Based on the results of the analysis of the most significant in the context of the research topic of the US legislative acts and the practice of their application, the conclusion is formulated that the legislative support of the general provisions of the organization and tactics of operational and investigative activities of the FBI, in con-trast to domestic legal regulation, originates from the middle of the twentieth century. and is still being successfully improved. The main provisions of US legislation that contributed to the improvement of the organization and tactics of the FBI’s operational and investigative activities and state policy in the field of combating crime in general are highlighted, namely: – the grounds, procedure and tactics of conducting covert actions (operational and investigative measures) using operational and technical means – The Omnibus Crime Control and Safe Streets Act (1968); – provisions aimed at strength-ening the counteraction to persons who are at the highest levels of the criminal hierarchy of criminal organizations, in the status of a subject of increased criminal influence (leaders, organizers of crim-inal organizations), – The Act «On Organizations Operating Under the Influence of Racketeering and Corruption,» or the RICO Act (1970). In the context of the study, attention is focused on certain provisions of the RIKO law – «Enterprise Theory of Investigation – ETI», which regulate the process of covert implementation by FBI units of complex measures to detect and document latent crimes committed by transnational organized crime (in the domestic theory of operational and investigative activity, a similar form of operational and investigative activity is operational development). It is prov-en that the specific features of operational and investigative tactics for conducting secret operations within the framework of the «Theory of Investigation of Criminal Enterprises» (ETI), similar to the domestic legal regulation of operational and investigative activity, are defined in subordinate regula-tory legal acts in the form of guidelines, instructions and directives of the Prosecutor General. The specified acts detail the specifics and features of tactics (methods, tactical techniques) of intelligence (operational and investigative) activities of FBI units. Moreover, the above acts are not exhaustive, but contain provisions of a recommendatory nature, which may change and be improved depending on the specifics of the illegal activities of organized crime. Based on the study of the FBI reporting information, it was stated that the development and application of tactical techniques/methods aimed at achieving the tactical goal of terminating the activities of transnational criminal organizations and bringing to criminal liability the organizers (leaders) and other participants of the criminal community, are carried out taking into account such a factor as changes in the methods of criminal activity, as the rapid development and application by transnational criminal organizations of the latest innovative and technological achievements of science and technology, etc. Based on the analysis of foreign experi-ence, proposals and recommendations aimed at improving the organization and tactics of operational and investigative activities are substantiated.

SPECIFIC DIRECTIONS OF IMPROVING LEGAL REGULATION OF OPERATIONAL AND INVESTIGATIVE ACTIONS TO COUNTER ORGANIZED CRIME BY LAW ENFORCEMENT BODIES OF UKRAINE: THE EXPERIENCE OF THE UNITED STATES OF AMERICA