Natalia Akhtyrskaja, Ph.D.
The organized crime is the most dangerous form of social evil. Sometimes it's compared to a cancer tumor, meaning that it is similar to fatal illness conducts to degradation of a social organism, and that the society has not found effectual measures of its disposal.
Capitalist explosion became the reason of a criminal phenomenon mutation; therefore gangster groupings such as Chinese "Triads", Japanese "Borikudana" and Neapolitan "Camorra" have turned to criminal monsters, practically impregnable for the state destroying influence. They managed to grope a social niche, to supersede from which them appeared rather inconveniently. Evolution of the underworld passed in conditions of rigid struggle. During this struggle weak were destroyed, and strong became even hardier. In a result the strong representatives of criminal world managed to find such form of social life, which brought to nothing all efforts of law-enforcement system on their destruction and has neutralized various mechanisms of the social control.
E.Ferri as one of the first has described this process: «In a history of criminality two phenomena are observed: on the one hand, the civilization, as Tard has noticed it, destroys one kinds of criminality, it created, and creates on their place new; on the other hand, the criminality undergoes the double morphological evolution making it with a characteristic parameter of each historical period, for each social group … In Italy we see, how a robbery for the last few years has passed from the form of theft with application of the weapon and collection of the repayment, to the form of a constant payment collection - a way practicing by Tiburtcy and Varsalon, receiving the certain sum of money from the large land owners for their protection against fine thieves».
In the Neapolitan kingdom of 18 century the Camorra gangs has got a special social importance (they have received this name from the name of the clothes used as a uniform, camorra - a short jacket). When an army of revolutionary France has expelled representatives of Bourbon dynasty from a royal throne and the native of Armenia Napoleonic marshal Joachim Mjurat became the Neapolitan king, former king Ferdinand IV ran to Sicily. There he has collected the considerable army appreciably consisted from the Camorrists. Three outstanding Camorrists - Pronio, De Chesare and Rodio became its generals. This historical event rendered serious influence on criminal transformation of the Sicilian mafia which has originally arisen on island as the revolutionary organization having the beautiful name «Sicilian supper» (some authors consider the term a mafia as an abbreviation consisting of initial letters of the following phrase: «Morte Alla Francia Italia Anela ”, that in translation means «the Motto of Italy - death to all Frenchmen».
On a battlefield Sicilians have been crushed by the French armies, however "mafists" appeared capable pupils. The lesson presented them by Napoleonic army, has done good - the evasion from a head-on collision with authorities became a principle of their activity. Former generals have introduced in "mafists' " organization a military discipline and structural division into the soldier, lieutenants, and the top management. The last preferred to separate from the direct crimes fulfilment. Criminal acts began to be planned so carefully, as army operations. In structure of a mafia advisers have appeared - the original intellectual center. Principles of conspiracy based on the Sicilian traditions (utter devotion to family, mutual aid of relatives, the omert laws and blood feud) allowed a mafia to avoid the responsibility. Camorrists have enriched a mafia with criminal experience. A human life was low appreciated as on the war. With the help of murders they got rid of witnesses, traitors and those who tried to rise on a way of the criminal organization. Punishments, made by "mafists", have paralyzed all Sicily with the fear. Gradually they became masters of the situation in a society and have turned to real authority.
The historical aspect gives the basis to draw a conclusion about possible transformation of the organized crime and spheres of influence in a kind of structure change, so-called, the intellectual center.
As the practice testifies, the most typical directions of the criminal organizations' activity are:
- criminal-commercial activity (financial - bank swindle, commercial-industrial activity, criminal privatization, infringement of the tax laws);
- Racket, which carries more latent, disguised forms, than it was in the criminal groupings, which are carrying out independent criminal activity;
- Kidnapping with the subsequent reception of the large repayment;
- Separate cases of gangster attacks, custom-made murders;
- The organization and realization of measures on the criminal organizations members' safety by counteraction to law enforcement bodies, and also to criminal competitors with use of various ways and methods - from corrupt relations up to criminal extremism;
- The international criminal activity, which basic part is smuggling, financial frauds (for example, buying up of external duties and the subsequent roguish actions at their repayment);
- The gathering of "common" means, both from criminals-professionals, and from separate businessmen and other persons. This kind of criminal activity is most typical for clans of "thieves in the law", which then use the money for escalating criminal activity, the support of accomplices who are taking place in places of imprisonment, and also will legalize these means thru commercial banks, privatization;.
- coinage offense.
There are various definitions of concept of the organized crime. In opinion of some scientists, it is activity of the steady criminal communities (organizations) distinguished by hierarchical organizational construction, unity on the concrete criminal platform, fulfilled by system of conspiracy and protection against law enforcement bodies, corruption, scale of criminal activity, including an exit abroad and connection with the international mafia (S.V. Djakov).
In 1988 on the first International symposium taking place under aegis of the Interpol on problems of struggle against the organized crime in the city of Sen-Klu (France) the following definition of the organized crime was accepted: « Any enterprise (or group of persons), engaged, despite of the frontiers, continuing illegal activity with the primary purpose of the profit extraction ».
A number of scientists (N.P.Jablokov, V.A.Osin, L.D.Samygin) emphasize, that the organized crime represents qualitatively new level of group professional criminality.
At an obvious variety of the resulted definitions edition it is ascertained, that the organized crime is a special kind of the activity, which is carried out by a certain category of subjects, incorporated in criminal communities, with a view of illegal profit (superprofits) achievement.
It is necessary to add, that it is extremely dangerous social phenomenon representing complex system-structural set of criminals, organized criminal formations and their activity with a view of reception of illegal incomes and other benefits.
A line of features characterizes the organized crime as the social - legal phenomenon. Among them:
1. The system of organized crime and at the same time - heterogeneity of its displays both in legal, and in organizational aspects.
2. The group character of the organized crime's subjects' activity.
3. The stability of criminal groups and their long existence.
4. The presence of highest organizing levels in the form of the criminal organizations and criminal communities.
5. The presence of corrupt relations among officials of state machinery and the commercial enterprises.
6. A high level of conspiracy in criminal groups' activity, the organizations of communities.
7. The hierarchy as a universal principle of criminal formations construction.
8. Close connection of criminality with economic and professional crimes.
9. Interrelation of the domestic organized crime with foreign.
In aspect on statement and the decision of criminalistic problems the attention should be paid to such features as:
- Cruelty, violent character of many formations’ activity;
- A high level of criminal formations' technical equipment and armament;
- A presence of the significant monetary and material means, the certain norms of behavior and system of subordination to these norms;
- The creation of the safety system including prospecting and counterprospecting activity, officials’ payoff: threats and other measures on neutralization of the state bodies' efforts directed on exposure, suppression of the organized criminal activity;
- Spatial scope, inter-regional character of activity;
- The functions differentiation between participants of criminal activity.
The criminal organizations represent symbiosis of criminal groupings, other organized groups, the commercial organizations, establishments, the enterprises with a key element above them. The leader of the criminal organization carries out the general management and is as though neutral to all to its components, carrying out the line thru the assistants, heading the separate structures.
In some criminal organizations there are advisers on various directions as criminal activity, and on commercial - financial, economic, industrial.
Stability and safety of the criminal organization is distributed basically to supervising and security - fighting parts.
The persons who are included in commercial-financial, commercial-economic structures, except the heads, can be unawared, on whom they work, as these organizations, establishments and the enterprises basically are legitimate and serve as official covering of criminal association. The succeeding businessman represents the head of the criminal organization, as a rule.
The basic function of these structures is the legalization of incomes, which have been got with illegal methods and ways; their escalating for reproduction and maintenance of criminal functioning.
On occasion the official activity of commercial-criminal structures helps leaders and their accomplices to get the certain authority and to create conditions for good safety supervising nucleus of the criminal organization. This is promoted by modern political, socioeconomic and legal conditions.
The members of criminal groupings, as a rule, are not judged earlier, included in the criminal organization, legalizing material means, got in the illegal way; on behalf of the leader create detective agencies or security bureaus. The specified commercial structures, operating on behalf of the criminal organization's leader, officially help citizens, for example, in search of motor vehicles, protection from, so called, "boundlessers», getting back of duties, call the hooligans and the brawlers for order. And all is done quickly, operatively, in a counterbalance to law enforcement bodies.
Determining activity of such bureaus as citizens protection against criminals, describing each "noble" act in newspapers, showing on TV specially picked up and embellished examples, the representatives of criminal clans get authority among the people which, and it in aggregate with other measures provides the leader's safety.
Such kind of commercial activity will legalize not only the profit received in the criminal way, but also fire-arms, on which storage and carrying the "detectives" receive the official sanction. Various special means, for example, portable cinematographic and photo equipment, the equipment of listening will be legalized also.
As practice of divisions on struggle against the organized crime shows, the security-detective bureaus are legal branches of the criminal organizations and with their help the counterprospecting activity against law enforcement bodies is carried out. Simultaneously it is the armed group ready to action under the instruction of a criminal clan's top.
According to Association of the Russian banks, in credit and financial sphere of the state it has been accomplished about 12 thousand crimes and plunder more than billion rubles.
The considered kind of plunders is attractive to leaders of the criminal organizations because ONLY IN FINANCIAL - CREDIT SYSTEM it is POSSIBLE TO RECEIVE the END RESULT - CLEAN MONEY IN THE SHORTEST TERMS. It is thought, the facts of custom-made murders of businessmen, bankers, leaders of the criminal environment are not casual.
According to the Interpol, every year the stream of "dirty" money from Russia and other countries of CIS to the country of neutral banks - Switzerland grows. With 1993 for 1995 contributions from these states, basically from Russia, have grown with 2 up to 4,4 billion Swiss francs. Money resources which are operated by proxy, have increased about 400 million up to 1,2 billion francs. The share of assets, placed in 125 Swiss banks, for 1994 was doubled. Such tendency was saved and in 1995. The rates of an asset's gain have made 58 % against 1,7 % of increase in a total sum of traditional clients.
Predicting a status of the organized crime in Ukraine and influence spheres, it is necessary to take into account a subject structure of the given kind of criminal activity.
In Ukraine it is totaled 23 thousand certificated experts on information technologies. On this parameter we take the fourth place in the world, conceding only the USA (194 thousand), India (145 thousand) and Russia (68 thousand). But per capita our state concedes in recalculation on this parameter only the USA, goes near to Russia and much more outstrips India. However, if in India the industry of the software manufacture is one of the most essential sources of the state budget filling, in Ukraine the branch of information technologies in general cannot be named the industry.
For today there is a threat of information intervention in the unprotected systems of the electronic government and other systems. More perfect parameters (distinct from the users quantities) are necessary for definition of quality. In this plan it is interesting both a technique, and research on definition of an integrated rating of electronic readiness of the state, carried out by working group under the order of Development Department of the United Nations representation in Ukraine. It is based on such criteria, as availability of networks, a level of development of the information environment, support of electronic commerce. This research has estimated a level of electronic readiness of Ukraine as 2 points that corresponds to 50-percent readiness. Besides, according to conclusions of same working group, in Ukraine last years a backlog on the rates of computer industry development from other countries CIS is traced.
The organized criminal groups replenish with young talented experts. It speaks the demand for highly skilled programmers in the world are very high. The annual salary of the programmer of middle class in the USA makes 50-60 thousand dollars while at us - 2-4 thousand dollars, higher wage level only the criminal structure can provide, at the expense of fast enrichment by penetration and uses, for example, bank or other information.
Undoubtedly, departure of the best experts abroad or their transition in criminal structures is negatively reflected in processes of information and threatens national safety. It is hardly probable to solve these problems in our present economic situation.
One of the ways tested in the world not only prevention of outflow of experts, but also essential increase of efficiency of the software industry is the development in this sphere of so-called offshore business. That is to create in Ukraine the conditions for foreign orders for software development accommodation. First of all, the question is tax privileges for the enterprises on software development. On this way there is Russia, Ireland, Israel. The true economic miracle is development of offshore programming in India. For 15 years of the weighed state policy the country in 2000 has achieved software export to 6,2 billion dollars.
Solid investments are necessary for a market product infrastructure construction: carrying out of marketing, a product promotion, a safety system creation, etc. Considerable means are demanded with support of a product in the market. Today the leading companies spend 70-80 % of the budgets for these needs. There are no conditions for this purpose in our country. The volume of the software market in Ukraine in 2000, according to the international organizations, made 34 million dollars. Among the countries of the East Europe the worse parameter only in Bulgaria (20 million dollars), and in comparison with Poland our parameter is lower in 10 times.
The national program of information, among all other, should solve the problem of developments in the state the industry of the software, development of a telecommunication infrastructure, creation of the information environment. The success of informatization in the whole and safety depends on penetration into these systems of the organized criminal groups.
The most powerful scientific and applied results on the programming, received by domestic scientists for last 10 years, were included in a cycle of works «Theoretical bases and tool means of information technologies software development», submitted on competition of the State premium of Ukraine in the field of science and technics for 2002.
Among the basic achievements of this job it is necessary to note the creation of the common theory of programs, than bases of programmology - sciences about programs are incorporated; new engineering methods and means of creation of programs are developed, the law-methodical base of support and development of the domestic software industry is constructed. These results are introduced at creation of information technologies and systems of various purposes. Among other it is necessary to note the technologies of support of information-analytical activity of state bodies, monitoring and forecasting of ecological situations.
As an example the automated system GART created by Institute of program systems NSAU in accordance with the interests of Ukraine State Border Committee and directed on support of daily activity of all Frontier Army's infrastructure is worthy. The special attention in system is given to a problem of the boundary control, the urgency and which value are connected to scale and threat for Ukraine of processes of illegal migration, weapons smuggling and drugs, transportation and sale of stolen motor transport, etc. Application of system GART has allowed to reduce time for registration of border crossing more than in two and to leave on this parameter on a level of the international standards. Besides in 2000 from 100 percent of offenders the 78 percent is revealed with the help of system. It has received a high rating of the international experts.
Scientists and experts of Institute of cybernetics NSAU develop the tool-technological means for engineering the software of the computer complexes which are built in contours of complex control systems with critical modes of functioning, such, as planes, nuclear reactors.
Experience testifies, that the intellectual center of the organized crime in sphere of computer technologies will consist of the persons differing on a level of their vocational training, on a social status. Criminals quite often own skills not only in the field of the computer control, but also special knowledge in the field of the information processing in the information systems as a whole.
The following groups of criminals are allocated:
- Hackers - the persons considering the means of information systems as a personal challenge and cracking them with the purpose of a control over the information, irrespective of its value;
- Spies - the persons cracking an information systems’ protection for reception of the information that can be used with a view of political influence;
- Terrorists - the persons cracking information systems for creation of a hazard effect, which can be used, with a view of political influence;
- Corporate robbers - the persons, serving in the companies and cracking computers of competitors for economic influence;
- Professional criminals - the persons interfering in information systems for reception of the personal financial blessings;
- Vandals - the persons cracking systems with the purpose of their destruction;
- The computers use rules infringers make the illegal action because of insufficient knowledge of techniques and information resources using;
- Persons, with the mental anomalies, suffering from a new kind of diseases - information illnesses or computer phobias.
Use of information technologies by the organized criminal groups confirms also that fact, that the Usama bin Laden's British agent Richard Rade is a first terrorist after the events on September 11, recognized the fault in court. During the investigation he has given the information that has mastered a technology of explosions independently from the Internet.
On October 4, 2002 there was judged John Walker Lind - «the American talib». He has been seized in Afghanistan and has testified about "Al Qaeda" use of information technologies in fulfilment of terrorism acts. In particular, the plan of America destruction provided three stages, consisting in 20 separate diversions. The first stage included two attacks to the World shopping center, one - on the Pentagon, and one more - on the White house. The second stage assumed use of biological agents, and also impact on gas and nuclear infrastructures. The task of the third stage included the final destruction of America appointed for the first 6 months after September 11.
The situational analysis of informatization and the organized crime's development in Ukraine, the spheres of influence expansion, allows to draw a conclusion on outstripping approach of criminality that speaks about absence of traditional, typical methods of the solving the problems put before the state and investigation; uncertainty of the initial investigatory information; uncertainty of development of the virtual and material situation created by organized criminal group.
« The wise soldier knows how to construct the lines there, where there are no lines, how to carry the weapon, if there is no weapon, how to come nearer to the enemy if there is no him», - Lao-Tszy spoke. He was certainly right, because operative - investigatory bodies do the second step after the criminal environment. It always puts law enforcement bodies in position of the passenger who has late for a train. The decision of a developed problem can be a pre-active diagnostics, it is a criminalistic composition of the intellectual, emotional, strong-willed and remedial components expressed in system of methods, providing completeness, depth, accuracy of investigatory and criminal situations' senses recognition (and also persons of their participants) for formation of optimum forms of crimes investigation and it is constructed on the forecast models.
1. Ferri E. Criminal sociology. Ì., 1908. pages 177-178.
2. Camorra // The Oxford English Dictionary/Oxford. 1933. V 2. H.51.
3. N.Rusakov From a history of the Sicilian mafia. Ì., 1969. page 26.
4. V.M.Gevorgjan The Organized crime in the USA. Ì., 1980. page 19.
5. G.A.Zorin, O.V.Tankevich. The criminalistics characteristic of transnational criminal groups. Grodno, 1997.