Hierarchical Structure as a Characteristic of a Criminal Organization

Abstract. Criminal organizations are complex and structured entities that operate within society with the aim of engaging in illegal activities and generating profits through criminal means. One of the key characteristics of such organizations is their hierarchical structure, which plays a significant role in the functioning and sustainability of these groups. It allows for the efficient distribution of tasks, the control of members' activities, and ensures the organization's long-term operation despite external threats. For investigative and judicial practice, scientific studies of forms of organized crime are of great importance, in particular, the development of such elements of the forensic characteristics of criminal offenses committed by organized groups, criminal organizations, as forms, methods, signs of organized criminal entities; types of corrupt connections with public officials; role functions and typological features of members of criminal organizations; situation, ways of committing criminal offenses, their consequences. This article examines the organization and functioning of hierarchical structures within criminal groups. The author considers how hierarchy ensures the efficiency, control, and sustainability of criminal organizations, and also draws attention to the challenges it poses for law enforcement agencies. This is particularly true of issues of liability when leaders delegate the commission of crimes to lower levels, making it difficult to hold the leadership accountable. The article considers hierarchy as one of the key characteristics of the most dangerous form of complicity - a criminal organization. The Criminal Code of Ukraine lacks a clear legal definition of the term "hierarchy," which creates certain difficulties for law enforcement agencies, prosecutors, and courts when determining the presence or absence of this feature when investigating crimes committed by criminal organizations. The article also examines the etymological meaning of the term "hierarchy," analyzes scientific viewpoints on its updating and clarification. A review of legal literature, decisions of the Supreme Court of Ukraine, and international legal acts regulating the issue of hierarchical structure in criminal organizations is conducted. Based on this, the author proposes his own definition of the term "hierarchy" and criteria for its assessment. Keywords: hierarchical structure; complicity; organized crime syndicate; criminal offense; legal regulation.