Кримінально-правова політика у сфері протидії злочинним об’єднанням в умовах воєнного стану

The article deals with the concept and scope of criminal law policy in the context of combating criminal associations under martial law. It also explores the crime-related challenges facing Ukraine at its current stage of development as a rule-of-law state. The peculiarities of combating criminal associations under martial law are analysed. The concept of a ‘criminal association’ (or ‘criminal organisation’) is defined as a structured group of individuals acting with the intent to commit serious or especially serious crimes, obtain financial or other material benefits, and operate under a single leadership. It maintains stable ties, including corrupt connections, across various spheres of society and/or possesses informal characteristics. Its activities involve consolidating the criminal environment, controlling multiple groups (or entities) and territories, and directly developing and utilising connections within the criminal underworld. It is noted that criminal law policy in the area of countering criminal associations forms the basis for the formation and implementation of state policy in the national security, through the organisation and implementation of effective counteraction to transnational crime at both the international and national (state) levels. At the same time, the criminal law policy of countering terrorist activity cannot be opposed to other areas of a single state’s policy since the stabilisation of the crime situation is possible only because of the action of a set of economic, social, ideological, educational, and legal measures. It is emphasised that the main tasks of criminal law policy in the field of combating crime are: creation of a unified state monitoring system in the field of combating the activities of criminal associations; strengthening of international cooperation and consolidation of efforts of public authorities, local self-government bodies, civil society institutions and non-governmental organisations to counteract the activities of criminal associations; developing and implementing a set of measures to improve the effectiveness of prevention, detection and suppression of criminal associations, including transnational ones. It is concluded that there is a need to revise the key provisions of domestic criminal legislation on combating the spread of terrorism, propaganda of organised and transnational criminal activities, and countering the criminal environment and criminal communities (or criminal organisations). Given this, the criminal law policy of Ukraine should align with the country’s national political course, which implies thoughtfulness, stability, and compliance with the fundamental principles outlined in the Constitution of Ukraine, serving as the country’s Basic Law.