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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.