Forms of conspiracy in the structure of organized crime and peculiarities of judicial review

This article deals with the critical issues related to the forms of complicity within the structure of organized crime. The focus is placed on the types of complicity, their characteristics, and distinguishing elements. The article examines statistical data and the growing trend of organized crime through the lens of inadequate and ineffective counteraction, which poses a threat to the national security of the country. Legislative changes regarding criminal liability for offenses committed within organized crime structures have yet to yield the desired outcomes. The activities of criminal formations operating in various spheres of state and public life disrupt stability—primarily within the economic system—undermine societal well-being and security, hinder the development of market relations, threaten the state’s independence, and impede its progress toward integration into the European and global community. It is emphasized that criminal organizations negatively influence both the quantity and quality of criminal activity, develop and actively use corrupt connections within state authorities and local self-government bodies, and adversely affect political processes both regionally and nationally. The article highlights the differentiation of various forms of complicity, namely: organized groups, criminal organizations, and criminal communities. It also outlines the practical difficulties in the legal qualification of criminal offenses committed by organized criminal groups. Special attention is paid to the fact that a criminal organization may be created to commit a single serious or especially serious criminal offense, although such an act requires long-term and thorough preparation. A criminal organization is characterized by a high level of organization and stability, the presence of an organizer (leader), the functional division among participants, established corrupt ties within government bodies, and established channels of communication. The article also identifies group crime as the foundation for the formation of organized crime, as some organized criminal associations emerge through the transformation of criminal groups into organized groups and criminal organizations.