In the manuscript, based on a comprehensive analysis of the theory of
administrative law, criminal procedure, and operational-search activity, legal norms,
advanced scholarly positions, and the practical activities of administrative, law
enforcement, and intelligence (counterintelligence) state bodies, the public
administration of the fight against organized crime in Ukraine is disclosed, and new
scientific-theoretical and practical conclusions, generalizations, and
recommendations are formed.
The content and concept of public administration in the fight against
organized crime in Ukraine are revealed and formulated. It has been proven that this
is an administrative activity of general, specialized, and law enforcement bodies,
which is an external expression of the implementation of executive functions, aimed
at minimizing organized crime to a level safe for society and the state, through
legislative and law enforcement activities, which are carried out based on
administrative law norms as preventive and protective activities concerning law
enforcement functions in pre-trial investigation and operational-search activities.
It has been identified and generalized that the principles of public
administration in the context of the fight against organized crime represent a stable
foundation upon which the entire spectrum of administrative and criminal-
procedural actions of state authorities, including judicial bodies and pre-trial
investigation agencies, is built. These principles are aimed at preventing criminal
activities, uncovering crimes committed by organized criminal groups, establishing
conditions for compensating the victims of such crimes, effectively and fairly
holding individuals suspected of crimes within organized groups accountable, as
well as ensuring their reintegration into society after serving their sentence. They
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require a balanced approach that ensures the coordination of all governmental
actions, including justified use of powers, procedural transparency, and ensuring
public control over the effectiveness of the measures taken.
The specific principles of public administration in the fight against organized
crime, which combine the foundations of administrative, criminal-procedural law,
and operational-search activities, have been updated. They are directed at the
prevention, detection, and just criminal accountability of guilty members of
organized crime groups and the organization of their rehabilitation after serving their
sentence. This is done to protect the rights and legitimate interests of affected
individuals, ensure public interest in society, military, and anti-corruption security
of the state.
It is revealed that the essence of public administration in the fight against
organized crime lies in the objective necessity to protect society and its values from
the threats posed by systematically acting individuals violating criminal law norms.
This should not remain at the level of declarations but must be implemented in
legislation, legal practice, law enforcement activities, and an independent and fair
judicial system. The fight by administrative and law enforcement agencies against
organized crime should occur within the framework of the principle of legality,
which is a component of the rule of law, according to which administrative bodies
must exercise their powers strictly within the limits granted by law. The fight against
organized crime involves not only repressive legal measures but also preventive
instruments of public administration.
The essential characteristics of crime prevention among young people, which
are a critical component of effective public administration in the fight against
organized crime in Ukraine, have been highlighted. This includes legal education,
social and patriotic work, informational campaigns, and rehabilitation measures
aimed at preventing the involvement of youth in criminal activities and improving
their social adaptation.
It has been proven that modern legal philosophy in Ukraine emphasizes that
the fight against organized crime is based on the principles of protecting human and
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citizen rights, including property and economic values, as well as the rule of law,
which must be implemented through improved legal and administrative
mechanisms.
Keywords: administrative and law enforcement body, anti-corruption
strategy for combating organized crime, comparative legal characteristics,
counteraction and state of crime, crime and determinants, criminological
characteristics, forms of complicity, national security of Ukraine, offenses (crimes),
organized criminal group, prevention and effectiveness, protection and coordination,
public administration tool, structure of organized crime.
