FUNCTIONAL CHARACTERISTICS OF MODERN TRANSNATIONAL ORGANIZED CRIMINAL GROUPS, WHICH ARE ACTING TO THE HARM OF THE ECONOMIC INTERESTS OF THE STATE

Abstract

This scientific article is devoted to the study of the functional features of modern transnational organized criminal groups that act to the harm of the economic interests of the state. It was determined that transnational organized crime to the harm of the economic interests of the state covers the sphere of economic activity, therefore we will consider the functioning of such criminal formations in this plane. According to the results of the analysis of the norms of the Economic Code of Ukraine, 8 main spheres of activity of transnational organized criminal groups, which operate to the harm of the economic interests of the state, have been identified. Taking into account the classification of transnational crimes defined by the UN, as well as taking into account the spheres of activity of transnational criminal groups determined, the groups of transnational crimes committed by them include: money laundering, theft of intellectual property, insurance fraud, computer crime, fictitious bankruptcy and penetration into legal business. It was concluded that transnational crimes to the harm of the economic interests of the state are committed, as a rule, in a combined form, combining crimes of one or another group from the above. At the same time, money laundering is the most universal transnational crime, which is mainly present in all cases of transnational organized crime to the harm of the economic interests of the state. It is highlighted in general the most typical schemes of criminal activity, which are used by transnational organized criminal groups to the harm of the economic interests of the state at the present stage, in particular: creation of fictitious domestic and foreign business entities; use of the institute of foreign economic activity by conducting “pseudo export-import operations”; transactions with non-residents registered in offshore zones; operations with securities; transactions for conversion of funds into cash; transactions with cryptocurrency; scheme “oncoming flows”. The proposed typical patterns of criminal activity are not exhaustive and depend on many objective and subjective factors.