Criminal liability of members of organized criminal groups engaged in crimes in the field of surrogacy

This article is dedicated to analyzing the criminal liability of members of organized criminal groups engaged in crimes related to surrogacy. It examines the peculiarities of law enforcement in criminal proceedings against such organized groups and criminal organizations. Special attention is given to sentencing mechanisms, the possibility of sentence mitigation, probation, or exemption from criminal liability for lower-level participants in organized criminal groups. The study also explores the practice of plea agreements, which allow defendants to cooperate with investigative authorities by providing incriminating testimony against the organizers and other participants of organized criminal activities. The article highlights legislative provisions regarding the possibility of exemption from liability under Part 6 of Article 255 of the Criminal Code of Ukraine for individuals who were not organizers or leaders of a criminal organization but contributed to its disclosure. A review of judicial practice confirms the application of these provisions in real cases. Based on the findings, the article proposes improvements to the criminal law mechanism for combating crimes in the field of surrogacy, particularly by differentiating the application of incentivizing legal norms to organizers and lower-level participants of organized criminal groups. The study of criminal liability issues related to organized criminal groups in the field of surrogacy underscores the need for a comprehensive approach to improving legal regulation. This approach would ensure the rule of law, protect victims’ rights, and minimize the risks of further development of illegal schemes in this area. The research findings can be utilized to improve law enforcement practices, develop legislative initiatives, and enhance efforts to combat illegal activities in the field of reproductive technologies.