Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Publicación cientíca en formato digital
ISSN-Versión Impresa 0798-1406 / ISSN-Versión on line 2542-3185
Depósito legal pp 197402ZU34
ppi 201502ZU4645
Vol.40 N° 75
2022
ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
co, los cua les son so me ti dos a la con si de ra ción de ár bi tros ca li fi ca dos.
ESTA PU BLI CA CIÓN APA RE CE RE SE ÑA DA, EN TRE OTROS ÍN DI CES, EN
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gra fía So cio Eco nó mi ca de Ve ne zue la de RE DIN SE, In ter na tio nal Bi blio graphy of
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Di rec to ra
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Vol. 40, Nº 75 (2022), 844-854
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Recibido el 18/10/22 Aceptado el 22/11/22
Criminal liability for the
establishment or spread of criminal
inuence in post-Soviet countries
(literature review 2011-2021)
DOI: https://doi.org/10.46398/cuestpol.4075.50
Igor Paryzkyi *
Oleksii Humin **
Roman Maksymovych ***
Oksana Panchak ****
Volodymyr Kantsir *****
Abstract
The purpose of this study was to review the literature on
the types of criminal liability for the establishment or spread
of criminal inuence in the countries of the post-Soviet space.
Achievement of the set goal implied the resolution of the
following task: the analysis of legal acts in the sphere of criminal justice.
The specic subject was the social norms regulated by law, which are
formed in the sphere of criminal justice in the ght against criminal
action. Theoretical ideas about the activities of criminal justice bodies are
also reviewed. The methodological basis of the research consists in the
combination of general and special research methods. The theoretical basis
was the scientic works of researchers on the issue of criminal liability. It
is concluded that, in the reviewed literature, on the one hand, post-Soviet
countries faced with the problem of combating organized crime and forced
to take immediate measures to combat it; on the other hand, the methods
and mechanisms to prevent, counter and combat organized crime, were
* Doctor of Science (PHD), Pro-rector, Professor of Marketing, Economics, Management and Administration
National Academy of Management, Kyiv, Ukraine. ORCID ID: https://orcid.org/0000-0001-6835-5930
** Doctor in Law, Professor, Head of the Department of Criminal Law and Procedure of the Educational and
Scientic Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National University,
Lviv, Ukraine. ORCID ID: https://orcid.org/0000-0002-8016-945X
*** Candidate of legal sciences (PhD), Associate Professor of the Department of Criminal Law Disciplines, Institute
of Law, Lviv State University of Internal Aairs 79007, Lviv, 26 Horodotska str., Lviv, Ukraine. ORCID ID:
https://orcid.org/0000-0002-9796-998X
**** Candidate of legal sciences (PhD), Associate Professor of the Department of Criminal Law and Criminology,
Ivan Franko National University of Lviv Ivan Franko National University of Lviv, Faculty of Law, Department of
Criminal Law and Criminology, 1, Universytetska St., Lviv, 79000, Ukraine. ORCID ID: https://orcid.org/0000-
0001-5655-3956
***** Doctor of Law, Professor of the Department of Criminal Law and Procedure of the Training and Research
Institute of Law, Psychology and Innovative Education, Lviv Polytechnic National University, Ukraine. ORCID
ID: https://orcid.org/0000-0002-3689-4697
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CUESTIONES POLÍTICAS
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relatively similar, focused mainly on preventive measures to the emergence
of this phenomenon.
Keywords: post-Soviet space; criminal inuence; criminal liability;
scientic literature review; criminal law in Eastern Europe.
La responsabilidad penal por el establecimiento o
la propagación de la inuencia criminal en los países
postsoviéticos (revisión de la literatura 2011-2021)
Resumen
El propósito de este estudio fue revisar la literatura sobre los tipos
de responsabilidad penal por el establecimiento o la propagación de la
inuencia criminal en los países del espacio postsoviético. La consecución
del objetivo jado implicó la resolución de la siguiente tarea: el análisis de
los actos jurídicos en el ámbito de la justicia penal. El tema concreto fueron
las normas sociales reguladas por la ley, que se forman en el ámbito de la
justicia penal en la lucha contra la acción criminal. También se revisan las
ideas teóricas sobre las actividades de los órganos de justicia penal. La base
metodológica de la investigación consiste en la combinación de métodos
de investigación generales y especiales. La base teórica fueron los trabajos
cientícos de los investigadores sobre la cuestión de la responsabilidad
penal. Se concluye que, en la literatura revisada, por un lado, los países
postsoviéticos que se enfrentan al problema de la lucha contra la
delincuencia organizada y se ven obligados a tomar medidas inmediatas
para combatirla; por el otro, los métodos y mecanismos para prevenir,
contrarrestar y combatir la delincuencia organizada, fueron relativamente
similar, se centraron principalmente en las medidas preventivas a la
aparición de este fenómeno.
Palabras clave: espacio postsoviético; inuencia criminal;
responsabilidad penal; revisan de literatura cientíca;
derecho penal en Europa del este.
Introduction
The establishment or spread of criminal inuence is an extremely
negative phenomenon in the life of any society, but it should be noted
that this phenomenon is typical for post-Soviet countries and atypical for
European countries that have established democratic traditions, eective
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Igor Paryzkyi, Oleksii Humin, Roman Maksymovych, Oksana Panchak y Volodymyr Kantsir
Criminal liability for the establishment or spread of criminal inuence in post-Soviet countries
(literature review 2011-2021)
legislation in the eld of criminal justice, as well as the developed mechanism
of counteraction, ght, and prevention of organized crime.
In contrast to the countries of the European community, the countries
that were part of the Soviet Union, after the termination of its existence,
went through a long process of formation of their statehood and the
formation of their nation, accompanied by crises in the political, social and
economic life of their societies. The processes of development of statehood
in post-Soviet countries and these crisis phenomena entail an increase in
the level of organized crime.
The unlawful act of criminal liability for occupying the highest position
in the criminal hierarchy was the result of the development of two trends in
the criminal legislation of post-Soviet countries. The rst trend is related to
the legislator’s desire to respond with a criminal reprisal to the challenges
of organized criminal activity. The second trend can be traced in connection
with the expansion by the legislator of the criminal-legal meaning of public
danger of the person who committed a crime, or other socially dangerous
act or oense.
The desire of legislators of post-Soviet countries to respond with
criminal repression to the challenges of organized crime lies primarily
in the long-term search for the most optimal model of criminalization of
socially dangerous activities of leaders of the criminal environment, aimed
at its cohesion to commit unlawful acts.
The result of this search in the countries of the post-Soviet space was
the enshrinement in the criminal codes or special laws of these countries
of norms on criminal liability for the establishment or dissemination of
criminal inuence.
1. Theoretical Framework or Literature Review
The eective ght against organized crime and the spread of criminal
inuence in Ukraine and other post-Soviet countries is possible only in
conditions of eective functioning of the entire criminal justice system, not
excluded from this list and the police. In recent decades in our country,
there is a reform of their activities and functional load, as noted in his
scientic study R. Peacock, Ukraine has followed an aggressive “shock
therapy” approach in this process since the beginning of 2015, after the
February 2014 Maidan protests. and the subsequent change of government
(Peacock and Cordner, 2016).
The scholar also draws attention to the fact that various factors of
internal and external nature and political, economic, and social content,
aimed at demonstrating loyalty to our country in the ght against organized
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crime, primarily against corruption, as well as criminal inuence and
compliance with the rule of law in the administration of justice, guided its
reforms towards the Georgian model of police shock reform (Peacock and
Cordner, 2016).
Hrechyn and Burba (2019) explored the impact of corruption as one of
the forms of organized crime that exists in the eld of foreign economic
activity, and also illustrates his own research with examples of illegal actions
in this area (Hrechyn and Burba, 2019). The scientist, based on the results
of the study of the indicated problems, concludes that organized crime in
the foreign economic sphere signicantly goes beyond the violation of the
regime and procedures of customs service, evasion of customs and other
payments, which directly threatens the functioning of all sectors of the
economy of post-Soviet countries (Hrechyn and Burba, 2019).
It is also necessary to agree with the position of Tokubayev, who notes
in his scientic research the importance of theoretical developments in the
eld of criminal justice for the implementation of practical solutions and
mechanisms in the ght against organized crime in the world:
One of the reasons of the circumstances existing in the eld of combating
organized crime is the insucient scientic analysis of the problem, the lack of clear
ideas about the strategy and ideology of the ght, as well as legal, criminological,
forensic, and investigation concepts for identication, detection, investigation, and
prevention of organized crime (Tokubayev, 2015: 32).
2. Methodology
The methodological basis of the study consisted of general and special
legal methods. To achieve the goals and objectives of the study we used
methods of induction, deduction, generalization, synthesis, to perform
general analysis, highlighting common trends in the functioning and
further development of such phenomenon of the criminal community as
the establishment or spread of criminal inuence in post-Soviet countries.
Also, the comparative legal method was used to study the provisions
of normative legal acts of post-Soviet countries in the sphere of criminal
justice on criminal liability for the establishment or distribution of criminal
inuence. The combination of methods of research allowed to achieve its
goals and objectives.
3. Results
Analysis of the provisions of the criminal codes and special laws of
Azerbaijan, Georgia, Kazakhstan, Kyrgyzstan, and Ukraine shows that they
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Criminal liability for the establishment or spread of criminal inuence in post-Soviet countries
(literature review 2011-2021)
criminalize the establishment or distribution of criminal inuence. This
unlawful act is especially socially dangerous and poses a threat not only
to the economic but also to the political and social life of the society of a
particular country.
The establishment or spread of criminal inuence occurs on the verge
of the decline of the existence of the Soviet Union and the moment of the
termination of its existence, the independence of its constituent countries.
The main reason for the emergence of this phenomenon of criminal
association can be dened as economic, the consequences of the inecient
functioning of the planned economy of the Soviet Union, the limited material
and nancial resources in its constituent countries after its collapse.
The reason for the establishment or spread of criminal inuence can
be dened as the consequences of the unviable public administration of
the state authorities in the Soviet Union, the widespread committing the
crimes of bribery, nancial fraud, and other mercenary crimes among their
representatives associated with abuse of their ocial position.
Criminal liability for the establishment or spread of criminal inuence
in the post-Soviet countries is provided as a grave or especially grave crime,
given the high level of public danger of this illegal act.
4. Discussion
“Widely accepted ndings in developmental and life-course criminology
cannot be extended to criminal careers of organized crime oenders”
(Meneghini and Calderoni, 2022: N/P), however, with regard to “thieves
in law”, there is a tendency for them to maintain their status in the
criminal community and to have a signicant inuence on participants in
illegal activities. It is obvious that «organized crime inuences important
political and social processes in the state, interferes with the work of public
authorities, which damages the eciency of these bodies and reduces the
level of trust in the state apparatus (Perelyhina and Dmytryshak, 2019).
The most common reason for the emergence and spread of criminal
inuence in Ukraine, as well as in most post-Soviet countries, can be dened
as corruption, bribery, and other crimes committed by representatives of
public authorities related to abuse of their ocial position. For example,
“the criminalization of the foreign economic sphere is caused by a
wide range of factors, among which the internal ones prevail, which are
connected with the institutionalization of corruption in the state authorities
and administration” (Hrechyn and Burba, 2019: 268).
It is the imperfection of public administration in the former Soviet
Union, as well as “inadequacies of the Soviet system of central planning
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led to the criminalization of the Soviet economy and the emergence of the
thief’s in-law as critical players” (Terzyan, 2019: 6).
Crisis phenomena in the economy, the aggravation of the political
situation with regard to the domestic and foreign policy of the Soviet Union,
the social conicts occurring in the country inevitably led to the death of the
Soviet empire. In turn, the collapse of the Soviet Union, loosening of border
and immigration controls, and lack of cooperation between law enforcement
agencies in the post-Soviet space all contributed to the development and
growth of transnational criminal groups and the planning and execution of
criminal activities involving more than one country (Orlova, 2021).
At the present stage, organized crime in the post-Soviet countries “covers
six key areas: drug-related issues; human tracking and prostitution; sports
and crime; procurement and corruption; and enforcement and prevention”
(Nelen and Siegel, 2021: N/P).
It is obvious that overcoming the consequences of the spread of organized
crime and the spread of criminal inuence that followed the collapse of the
Soviet Union proved to be a dicult task for the countries that were part
of it, as evidenced by the review of scientic literature. Each country dealt
with the said problem in accordance with its own political, social, economic
realities and established legal traditions.
As noted in his study A.M. Pasha, the Republic of Azerbaijan has carried
out a number of eective reforms, in particular relating directly to the
updating of national criminal legislation in accordance with international
standards, which allowed eective ght even with such a widespread crime
in the post-Soviet area as corruption. The scholar notes that:
“In particular, the State program for ghting corruption for 2004-2006, the
adoption of the new National strategy for increasing transparency and ghting
corruption in 2007, and the action plan for 2007-2011 constitute important
progress in the criminalization of corruption in that country” (Pasha, 2022: 603).
In addition to overcoming corruption, the ght against terrorism and
money laundering, crimes that have become widespread at this stage as
a result of their transnational nature, has proved eective (Pasha, 2022).
Another important tool in the ght against organized crime and the spread
of criminal inuence in the Republic of Azerbaijan has been the extensive
use of international cooperation mechanisms in the eld of criminal justice
and the conclusion of bilateral and multilateral agreements in this area with
other countries (Pasha, 2022).
International cooperation in the eld of criminal justice has proven
to be an eective tool for combating organized crime, more rational use
of resources and targeted identication and solution of priority tasks
(Korniienko et al., 2021).
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Igor Paryzkyi, Oleksii Humin, Roman Maksymovych, Oksana Panchak y Volodymyr Kantsir
Criminal liability for the establishment or spread of criminal inuence in post-Soviet countries
(literature review 2011-2021)
As for combating organized crime in the Republic of Azerbaijan, the
Criminal Code of Azerbaijan Republic stipulates criminal liability for the
crimes committed in this way and also refers the crime itself to the grave
and especially grave crimes (Article 34 of the Criminal Code of Azerbaijan
Republic), also a special type of criminal liability for persons who organize
criminal groups (Criminal Code of Azerbaijan Republic, 1999) is taken into
account.
“After the collapse of the Soviet Union in 1991, Georgia quickly gained
a reputation as a corruption-ridden country and a hotbed of racketeers”
(Campana, 2015: n/p), which signicantly complicated the economic and
socio-political life of this country.
The situation became more complicated when “…out of Georgia by some
of the most authoritative thieves made mutual monitoring harder, agency
costs increased, and the network, therefore, got larger and took on factional
characteristics” (Slade, 2013). In order to combat the rapid spread of
criminal inuence, the Georgian government enacted the Law on Criminal
Activity and Racketeering, which provided for the criminal prosecution of
perpetrators as well as conscation of their property in favor of the state
(Law of Georgia on Criminal Activity and Racketeering, 2005).
“The socio-economic changes since the collapse of the socialist system
in the early 1990s contributed to the rise of organized crime and corruption
in Kazakhstan” (Siegel and Turlubekova, 2019).
The Government of the Republic of Kazakhstan is actively combating the
establishment and spread of criminal inuence in the country, in particular,
the Criminal Code of Kazakhstan stipulates that “the establishment or
leadership of a criminal association, as well as the creation of an association
of leaders or other participants of organized groups (criminal organizations)
or coordination of criminal actions of independently operating organized
groups (criminal organizations) to commit one or more crimes, shall be
punished by imprisonment for a term of 12 to 15 years with conscation of
property” (Criminal Code of the Republic of Kazakhstan, 2014).
In addition, this Government has other measures to combat organized
crime, “include development of a unied government strategy to combat
organized crime, involvement of the whole society in the struggle against
this crime, as well as the study and implementation of the international
experience” (Tokubayev, 2015: 40).
“Organized crime groups in Kyrgyzstan have reached a level where they
are competing with governmental authorities and institutions, leaders
of OC groups can assign members of their groups into law enforcement
positions and parliament” (Bakiev, 2021). The Government of the Kyrgyz
Republic adopted the Law “On Combating Organized Crime,” which,
in particular, provides that “the leader of an organized group, criminal
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community (criminal organization) and the gang is a person, who enjoys
recognized authority in the criminal hierarchy and has the highest and
personal position.
Inuence on the coordination and organization of the activities of
organized groups, criminal communities (criminal organizations) and gangs,
ensuring the formation and structures of such groups or communities”
(Law of the Kyrgyz Republic “On Combating Organized Crime”, 2013).
Consequently, the government of this country has also taken measures to
combat the establishment and dissemination of criminal inuence, as well
as the criminal liability of persons found guilty of such unlawful acts in
accordance with the law.
As evidenced by the literature review of 2011-2021, in most post-Soviet
countries the criminal justice system was reformed, the existing legal acts
in this area were amended or new legal acts were adopted when the existing
ones did not meet the requirements of modern realities and could not be
used eectively to combat organized crime and the spread of the criminal
inuence.
The Constitution of Ukraine denes basic human rights and freedoms, as
well as the protection of human life and health from unlawful infringements
(Constitution of Ukraine, 1998). Also the Law of Ukraine “On Amendments
to Certain Legislative Acts of Ukraine on Liability for Crimes Committed
by Criminal Organizations” provides that unlawful acts of organization of
a criminal group: “...committed by a person having criminal inuence or
who is a person in the status of a subject of increased criminal inuence,
including the status of a “thief in law” - shall be punished by imprisonment
for a period from twelve to fteen years with conscation of property”
(Law of Ukraine “On Amendments to the Law of Ukraine on Criminal
Organizations”.
However, despite the obvious positive changes that have taken place
in Ukraine in recent decades in the sphere of combating the establishment
and spread of criminal inuence, many problems remain unresolved. In
particular:
…including sustaining the reform political coalition, overcoming bureaucratic
resistance to change, surviving the armed insurgency in eastern Ukraine,
downsizing the old police, reshaping the culture of corruption that permeates the
entire government and much of society, and convincing the citizenry that the new
police are truly committed to serving the public, not regime protection” (Peacock
and Cordner, 2016: 88).
“The world community recognizes that organized crime in the nancial
system has become a global threat to economic security that requires
states to adopt measures agreed to combat this socially dangerous activity,
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Criminal liability for the establishment or spread of criminal inuence in post-Soviet countries
(literature review 2011-2021)
both nationally and internationally” (Holovkin and Marysyuk, 2019: 52).
In addition, post-Soviet organized crime is extremely dangerous for the
entire global community because of its own access to nuclear materials,
as evidenced by the threat of nuclear weapons use against Ukraine in the
context of armed aggression against it.
Conclusions
Based on our research, we can conclude that:
1. Post-Soviet countries were faced with the problem of combating
organized crime and were obliged to take immediate measures to
combat it.
2. Methods and mechanisms to prevent, counteract and combat
organized crime in post-Soviet countries, was similar, focused
primarily on preventive measures to the emergence of this
phenomenon.
3. The countries of the former Soviet Union have criminalized in their
respective national legislation the establishment or dissemination
of criminal inuence.
4. Criminal liability for the establishment or dissemination of criminal
inuence is provided for in the criminal codes or special laws of
post-Soviet countries.
5. Criminal liability for the establishment or dissemination of criminal
inuence in post-Soviet countries is provided for as a grave or
especially grave crime.
The above testies to the relevance, importance, and timeliness of the
chosen research topic.
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Esta revista fue editada en formato digital y publicada
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