Адміністративний підхід до запобігання організованій злочинності: європейський досвід та перспективи для України

Organized crime is one of the most dangerous phenomena of modern society, which harms not only national security, but also undermines the foundations of law and order, economic stability and citizens’ trust in state institutions. Traditional methods of struggle, in particular the criminal legal mechanism of prosecution, are not always effective enough in combating this complex social phenomenon, especially at the stage of its formation and development. This article examines the administrative approach to preventing organized crime as a key component of the modern system for ensuring national and economic security. Organized crime is increasingly exploiting legal institutions – such as business, public services, and public procurement—as means of legitimization, money laundering, and conducting illicit activities. In this context, criminal law measures alone are often insufficient, particularly at the early stages of criminal network formation or infiltration into the legal economy. Consequently, the role of administrative tools is growing in importance, enabling the prevention of such threats through permitting systems, licensing, inspection oversight, and interagency information exchange. The aim of the article is to analyze the concept of the administrative approach, review international experience of its implementation – particularly in EU countries such as the Netherlands, Italy, and Belgium – and identify directions and conditions for its adaptation within the Ukrainian legal and institutional framework. Special attention is given to the structural integration of the administrative approach with criminal justice and fiscal mechanisms, the concept of “working apart together” and the role of local self-government bodies in countering the economic influence of criminal organizations. The article concludes with a set of findings and practical recommendations, including the need to develop a national strategy for administrative crime prevention, implement a unified system of preliminary background checks for economic entities, strengthen interagency coordination, and adopt relevant European practices. These conclusions may serve as a basis for shaping national policy in the field of organized crime prevention and for reforming related legislation.

Publication Details

Journal
The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Published
2025-07-04
Primary Topic
Ukrainian Legal and Forensic Studies
Type
article
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article

Адміністративний підхід до запобігання організованій злочинності: європейський досвід та перспективи для України

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Ukrainian Legal and Forensic Studies
article

Адміністративний підхід до запобігання організованій злочинності: європейський досвід та перспективи для України

article en

Abstract

Organized crime is one of the most dangerous phenomena of modern society, which harms not only national security, but also undermines the foundations of law and order, economic stability and citizens’ trust in state institutions. Traditional methods of struggle, in particular the criminal legal mechanism of prosecution, are not always effective enough in combating this complex social phenomenon, especially at the stage of its formation and development. This article examines the administrative approach to preventing organized crime as a key component of the modern system for ensuring national and economic security. Organized crime is increasingly exploiting legal institutions – such as business, public services, and public procurement—as means of legitimization, money laundering, and conducting illicit activities. In this context, criminal law measures alone are often insufficient, particularly at the early stages of criminal network formation or infiltration into the legal economy. Consequently, the role of administrative tools is growing in importance, enabling the prevention of such threats through permitting systems, licensing, inspection oversight, and interagency information exchange. The aim of the article is to analyze the concept of the administrative approach, review international experience of its implementation – particularly in EU countries such as the Netherlands, Italy, and Belgium – and identify directions and conditions for its adaptation within the Ukrainian legal and institutional framework. Special attention is given to the structural integration of the administrative approach with criminal justice and fiscal mechanisms, the concept of “working apart together” and the role of local self-government bodies in countering the economic influence of criminal organizations. The article concludes with a set of findings and practical recommendations, including the need to develop a national strategy for administrative crime prevention, implement a unified system of preliminary background checks for economic entities, strengthen interagency coordination, and adopt relevant European practices. These conclusions may serve as a basis for shaping national policy in the field of organized crime prevention and for reforming related legislation.

The Scientific Issues of Ternopil Volodymyr Hnatiuk National Pedagogical University Series pedagogy
Peace, Justice and strong institutions
Openalex Percentile: Top 40%
Ukrainian Legal and Forensic Studies
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