Okolit O. Criminal liability for the creation, management of a criminal community or criminal organization, as well as participation in it

The dissertation offers a comprehensive solution to the theoretical and applied problems of criminal liability for the creation and management of a criminal community or criminal organization, as well as participation in it by developing directions for improving domestic criminal legislation and the practice of its application. The state of doctrinal development of issues of criminal liability for the creation, management of a criminal community or criminal organization, as well as participation in it, is recognized as the one not meeting the law enforcement needs. On the one hand, this is due to the significant shortcomings of the prohibitive and encouraging criminal law norms provided for in Art. 255 of the Criminal Code of Ukraine, and the lack of clear rules for qualifying the actions of members of criminal organizations and criminal communities, which complicates activities of law enforcement agencies and courts. On the other hand, comprehensive studies of these issues have not yet been carried out. Errors in the definition of a criminal offense committed by a criminal organization (Part 4 of Article 28 of the Criminal Code of Ukraine) were identified, consisting in the use of the pronoun «he» instead of «it» and the definition of the purpose of creating a criminal organization as ensuring the functioning of a criminal organization. Proposals were also formulated regarding their elimination by the amending the law on criminal liability.