Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.40 N° 73
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ISSN 0798- 1406 ~ De pó si to le gal pp 198502ZU132
Cues tio nes Po lí ti cas
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Vol. 40, Nº 73 (2022), 192-214
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Reforming Techniques to Combat
Organized Crime in the Context in View of
Securing Human Rights and Freedoms
DOI: https://doi.org/10.46398/cuestpol.4073.09
Yuliya Khobbi *
Iryna Storozhuk **
Ivo Svoboda ***
Serhii Kuzmenko ****
Andriy Tymchyshyn *****
Abstract
The aim of this research was to detect shortcomings and
provide suggestions for the development of new strategic
directions in order to make combating organized crime more
eective for providing security and comprehensive protection of
human rights and freedoms. This aim was achieved through the
methods of descriptive statistics, comparison and contrasting, descriptive
analysis, pragmatic approach, forecasting. The main strategic directions
of reforming measures to combat organized crime include: cooperation
between government agencies, in particular, cooperation between
government agencies and community representatives; destruction of the
economic component of organized crime, criminal markets and criminal
links between dierent types of criminal activities; providing proper level
of education and digital literacy of law enforcement and other agencies;
involving digital technologies and research ndings in combating
organized crime; creation of an appropriate national and international
legal framework; securing the rights and freedoms of suspects or the
accused; establishment and development of international cooperation to
* PhD in Law, Associate Professor at the Department of State and Legal Disciplines and Public
Administration, Faculty №3, Donetsk State University of Internal Aairs, 87510, Mariupol, Ukraine.
ORCID ID: https://orcid.org/0000-0002-7431-8607
** PhD in Law, Associate Professor at the Department of Constitutional, Administrative and Financial
Law, Leonid Yuzkov Khmelnytsky University of Management and Law, 29000, Khmelnytsky, Ukraine.
ORCID ID: https://orcid.org/0000-0003-3104-6071
*** Associate Professor, Guarantor of Security Management Studies at AMBIS, a.s. Vyská škola, Česka, 180
00, Prague, Czech Republic. ORCID ID: https://orcid.org/0000-0002-0941-4686
**** PhD in Law, Associate Professor at the Department of State and Legal Disciplines and Public
Administration, Faculty №3, Donetsk State University of Internal Aairs, 87510, Mariupol, Ukraine.
ORCID ID: https://orcid.org/0000-0001-8560-2593
***** PhD in Law, Associate Professor, Head of the Department of Law, Separate Structural Subdivision
of Higher Education Institution «Open International University of Human Development «Ukraine»
Ivano-Frankivsk Branch, 76010, Ivano-Frankivsk, Ukraine. ORCID ID: https://orcid.org/0000-0002-
9591-8273
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CUESTIONES POLÍTICAS
Vol. 40 Nº 73 (2022): 192-214
combat organized crime. This study is not comprehensive, thus opening up
prospects for further research on improving the legal framework and the
practical implementation of its provisions in combating cross-border and
national organized crime.
Keywords: countering crime; combating crime; human freedoms;
human rights; organized crime.
Técnicas de reforma para combatir el crimen
organizado en contexto con miras a garantizar los
derechos humanos y las libertades
Resumen
El objetivo de esta investigación fue detectar deciencias y hacer
sugerencias para el desarrollo de nuevas direcciones estratégicas a n
de hacer más efectivo el combate al crimen organizado, para brindar
seguridad y protección de los derechos humanos. Este objetivo se logró a
través de los métodos de estadística descriptiva, comparación y contraste,
análisis descriptivo, enfoque pragmático. Las principales direcciones
estratégicas de las medidas de reforma para combatir el crimen organizado
incluyen: cooperación entre agencias gubernamentales, cooperación entre
agencias gubernamentales y representantes de la comunidad; destrucción
del componente económico de la delincuencia organizada, los mercados
delictivos y los vínculos delictivos entre distintos tipos de actividades
delictivas; proporcionar el nivel adecuado de educación y alfabetización
digital de las fuerzas del orden y otras agencias; involucrar las tecnologías
digitales y los resultados de la investigación en la lucha contra el crimen
organizado; creación de un marco legal apropiado; garantizar los derechos
y libertades de los sospechosos o acusados; establecimiento y desarrollo
de la cooperación internacional para combatir el crimen organizado.
Este estudio no es exhaustivo, por lo que abre perspectivas para futuras
investigaciones sobre cómo mejorar el marco legal y la implementación
práctica de sus en la lucha contra el crimen organizado.
Palabras clave: lucha contra el crimen; combatir el crimen; libertades
humanas; derechos humanos; crimen organizado.
194
Yuliya Khobbi, Iryna Storozhuk, Ivo Svoboda, Serhii Kuzmenko y Andriy Tymchyshyn
Reforming Techniques to Combat Organized Crime in the Context in View of Securing Human
Rights and Freedoms
Introduction
Combating organized crime is one of the priorities of national and
international criminal law policy. The reason is that this type of crime is
one of the most dangerous (Mkrtychan and Khadzhy, 2020), because it
violates fundamental human rights and freedoms, infringes national and
universally recognized values (Vaccaro and Palazzo, 2015), while socially
dangerous activities of the vast majority of criminal organizations go
beyond the borders of one state. This, in turn, requires the development
of new both national and transnational (or supranational, as noted Fijnaut
(2016), strategies and techniques to combat organized crime.
Besides, the rapid technological progress, increasing digitalization
of social relations (nancial transactions, payments, sales relationships,
public administration services, etc.) promote the development and
improvement of organized crime (Potapenko, 2020) the management of
criminal organizations in many countries is being facilitates; the nancing
of organized crime is being simplied; ways of carrying out criminal activity
of such organizations are being improved; interstate relations between
dierent criminal organizations are being strengthened.
This is an extremely dangerous trend, which requires an immediate
response from state national law enforcement agencies and international
organizations. Their activities should focus on developing the latest
practical tools to combat organized crime. In turn, making law enforcement
more eective will help stabilize the dynamics of organized crime, and
subsequently reduce its level both nationally and internationally.
Moreover, certain law enforcement actions applied by law enforcement
agencies in order to counter the activities of members of organized criminal
groups often violate the rights and freedoms of persons detained as suspects.
The rights and freedoms of individuals should be protected equally for
victims and suspects/the accused. Therefore, the rights and freedoms of
both victims and perpetrators must be secured in developing new ways and
techniques of combating organized crime at all levels.
1. Literature Review
The importance of the chosen subject matter is conrmed by the
attention that scholars, practitioners, law enforcement agencies and other
national government agencies pay to it. Fundamental research in this area
deals with a comprehensive study of the concept, dynamics, description of
changes and opportunities in combating organized crime (Nelen and Siegel,
2017); study of the role and eectiveness of national law enforcement
agencies (police) in combating this type of crime (Sabet, 2012).
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Most studies cover particular aspects of combating organized crime at
dierent levels. In particular, the researchers pay attention to developing
and reforming the main measures to combat organized crime in some
countries at the level of national legislation, including the United States (to
establish special law enforcement agencies to combat this type of crime)
(Ibragimov, 2017), Mexico (to develop criminal justice reform areas)
(Shirk, 2016), Ukraine (identication of problems in combating organized
crime and the development of international cooperation in this area)
(Poplavsky, 2019), the Russian Federation (development of tools to combat
transnational organized crime through the cooperation of all government
special bodies) (Orlova, 2021), Serbia (assessment of the opportunities
that the reformed public administration oer in mitigating the negative
eects of organized crime through the cooperation of special government
bodies), the Netherlands (the importance of partnership between special
government bodies and local communities in combating organized crime)
(Groenleer, Cels and De Jong, 2020).
Some studies, which has recently increased in number, focus on
exploring the features of cross-border organized crime and developing
measures to combat such manifestations (Scherrer, 2009). In particular,
the problems of combating organized crime are examined in terms of the
need for cross-border cooperation in combating such crimes (Klymenko,
2018) at the level of associations of individual states (G8) (Radosavljević,
2020; Sherrer, 2009), (CIS) (Nizamedinkhodjaev, 2017) among other levels
in order to develop a common strategy to make the situation with organized
crime more stable.
The studies also cover certain aspects of organized crime, in particular
its economic component (Savona and Riccardi, 2015), and the impact
of the organized crime on the economic security of the state (Spanò,
Di Paola, Caldarelli and Vona, 2016). The types of crimes that prevail in
organized crime are highlighted (Gachúz, 2016), which is conductive to the
development of special tools to combat certain areas of organized crime.
Nevertheless, a number of issues remain insuciently studied despite
adequate number of works on combating organized crime in some
countries and at the transnational level. This makes counter-measures
against this type of crime signicantly less eective. Securing human
rights and freedoms guaranteed by national (Constitutions of States)
and international (Convention for the Protection of Human Rights and
Fundamental Freedoms, hereinafter referred to as the Convention, the
Universal Declaration of Human Rights, hereinafter referred to as the
Declaration) regulatory acts is one of the basic principles and the ground
for the activities of law enforcement and other government agencies in
combating crime, in particular organized crime (Lestanin and Nikac, 2019).
196
Yuliya Khobbi, Iryna Storozhuk, Ivo Svoboda, Serhii Kuzmenko y Andriy Tymchyshyn
Reforming Techniques to Combat Organized Crime in the Context in View of Securing Human
Rights and Freedoms
But the researchers have not adequately covered the issue of securing
the rights and freedoms of both victims and detainees for criminal activity
as part of criminal organizations, although it would help to nd a balance
between law enforcement in this area and protection of rights in the state
(Berar, 2015).
The topicality of the research issue, as well as a number of unresolved
issues related to human rights and freedoms in combating organized crime
determined the aim of this study, which is to identify shortcomings and
provide suggestions for new strategic directions to improve combating
organized crime from the perspective of security and comprehensive
protection of human rights and freedoms. This aim provided for the
following objectives to be fullled in this study:
• study the level of organized crime in some countries and the world;
• identify the most frequently violated rights and freedoms in
combating organized crime;
• determine the main directions of combating organized crime at the
current stage.
2. Methodology and Methods
In order to achieve the aim and full the objectives set in the article,
this research was conducted in a clear sequence, following the stages of
studying the issue based on the logic of presentation of the material. The
stages were the following:
• formulation of the subject matter and determining the scope of the
study;
• search and selection of literary source base;
• selection and study of statistical data;
• analysis of the material presented in selected sources and assessment
of the nding of those studies;
• identication of unresolved issues related to combating organized
crime in terms of securing human rights and freedoms;
• determining the aim of research;
• drawing conclusions and providing practical recommendations for
resolving the chosen issues;
• outlining prospects for further research in this area.
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This study involved statistics on the Organized Crime Index of selected
countries and their resilience to organized crime, statistics on the criminal
markets in selected countries with a breakdown by type of organized
crime (statistics on 42 countries were selected out of 193 countries the
highest, average and lowest Organized Crime Indices). Information on
violations of the rights and freedoms of persons engaged in organized crime
constituted the empirical background of the study. The expert opinions on
the imperfections of current methods of combating organized crime at the
national and transnational (cross-border) levels were analyzed.
The article provides a detailed study of the provisions of international
and national strategies that enshrine recommendations on the activities of
law enforcement agencies to combat organized crime in order to develop
suggestions for new strategic directions in combating organized crime to
make law enforcement in combating this socially dangerous factor more
eective. The regulatory framework consists of documents that enshrine
data on the establishment, purpose and main activities of international
law enforcement organizations to combat transnational organized crime
(African Union Mechanism for Police Cooperation (AFRIPOL), n. d.;
Association of Southeast Asian Police Commanders (ASEANAPOL), n.
d.; Cooperation Council for the Arab States of the Gulf (GCCPOL), 2020;
European Union Agency for Law Enforcement Cooperation (EUROPOL),
2021; International Criminal Police Organization (INTERPOL), n. d.;
Police Community of America (AMERIPOL), n. d.).
The aim of the article was achieved through the following methods:
• descriptive statistics was used to select data to assess the level of
organized crime in particular countries and evaluate the statistics;
• comparison and contrasting were used for comparative analysis of
statistics on organized crime in the selected countries, as well as
the proposed strategic directions to improve combating organized
crime at the national and international levels;
• descriptive analysis was used to arrange, classify and summaries
information on the previous research on issues related to combating
organized crime in selected countries and the world, and the
eectiveness of law enforcement activities in this area;
• the pragmatic approach to data collection and analysis was applied
to determine the main grounds for reforming techniques and
measures to combat organized crime in accordance with current
needs;
• the forecasting method was used to develop suggestions and
recommendations for improving measures to combat organized
crime at the national and cross-border levels.
198
Yuliya Khobbi, Iryna Storozhuk, Ivo Svoboda, Serhii Kuzmenko y Andriy Tymchyshyn
Reforming Techniques to Combat Organized Crime in the Context in View of Securing Human
Rights and Freedoms
3. Results
The development of new tools to combat organized crime at the current
stage is necessitated by the rapid development of criminal cross-border
relations and the danger that the activities of criminal organizations pose
at both national and international levels. Organized crime is not a new
phenomenon in the world: organized crime in some countries is quite
ingrained. According to some research, almost 80% of countries have a
high level of crime in general and organized in particular. The Index of
Organized Crime in 193 countries (see Table 1 for the data on the crime
index and resilience index of selected countries) was determined through
the comparison of the following indicators:
- the scale, scope and impact of certain criminal markets on government
agencies and spheres of society;
- structure and inuence of criminals on government agencies and
areas of social life;
- the degree and eectiveness of measures of countries’ resilience
to negative inuences that provide protection against threats of
organized crime (Global Initiative against Transnational Organized
Crime, 2021).
Table 1. The Organized Crime Index and the Resilience Index
of countries (on a scale from 1 to 10)
Country Organized
Crime Index
(ranked among
193 countries)
Criminal
Market
Index
Criminals
Index Resilience
Index (ranked
among 193
countries)
Mexico 7.57 (4) 8.00 7.13 4.46 (112)
Afghanistan 7.08 (7) 6.90 7.25 2.67 (172)
Turkey 6.89 (12) 6.40 7.38 3.54 (151)
Vietnam 6.28 (29) 6.05 6.50 4.67 (99)
Russia 6.24 (32) 6.10 6.38 4.04 (129)
Serbia 6.22 (33) 5.55 6.88 4.92 (93)
Ukraine 6.18 (34) 5.60 6.75 4.00 (133)
China 6.02 (41) 5.90 6.13 5.46 (60)
Montenegro 6.00 (45) 5.00 7.00 4.46 (112)
Italy 5.82 (53) 5.35 6.38 6.29 (33)
Spain 5.78 (55) 5.30 6.25 6.63 (27)
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United Arab
Emirates 5.75 (57) 6.75 4.75 5.33 (68)
France 5.67 (59) 5.70 5.63 6.83 (26)
United States 5.50 (66) 5.50 5.50 6.58 (28)
Bulgaria 5.43 (70) 5.10 5.75 5.29 (71)
Croatia 5.07 (85) 4.75 5.38 5.58 (51)
Greece 4.93 (92) 4.10 5.75 5.25 (72)
Germany 4.90 (95) 4.80 5.00 7.67 (13)
UK 4.89 (99) 4.40 5.38 7.88 (8)
Netherlands 4.69 (107) 5.00 4.38 7.42 (18)
Czech Republic 4.63 (112) 4.75 4.50 6.25 (34)
Romania 4.59 (115) 5.05 4.13 5.58 (51)
Sweden 4.57 (116) 4.25 4.88 7.46 (16)
Portugal 4.55 (117) 4.10 5.00 6.46 (29)
Japan 4.53 (118) 4.05 5.00 7.46 (16)
Hungary 4.50 (122) 4.25 4.75 5.08 (84)
Israel 4.42 (124) 4.20 4.63 6.00 (38)
Belgium 4.34 (127) 5.05 3.63 7.00 (25)
Switzerland 4.34 (127) 4.30 4.38 7.13 (24)
Austria 4.04 (141) 3.95 4.13 7.42 (18)
Poland 4.02 (143) 4.40 3.63 6.13 (35)
Australia 4.00 (145) 3.75 4.25 7.96 (6)
Denmark 3.87 (150) 3.85 3.88 8.21 (4)
Norway 3.82 (153) 4.00 3.63 7.92 (7)
Canada 3.67 (161) 3.45 3.88 7.25 (22)
Estonia 3.60 (163) 3.45 3.75 7.83 (9)
Latvia 3.52 (164) 3.65 3.38 7.42 (18)
Singapore 3.13 (174) 3.25 3.00 7.71 (12)
Georgia 2.97 (177) 3.05 2.88 5.71 (43)
Finland 2.72 (181) 2.80 2.63 8.42 (1)
Luxembourg 2.37 (185) 2.35 2.38 7.50 (15)
Liechtenstein 1.78 (190) 2.00 1.75 8.42 (1)
Own elaboration.
200
Yuliya Khobbi, Iryna Storozhuk, Ivo Svoboda, Serhii Kuzmenko y Andriy Tymchyshyn
Reforming Techniques to Combat Organized Crime in the Context in View of Securing Human
Rights and Freedoms
The data in the Table 2 add arguments to the above-mentioned danger
to society that the both domestic and transnational organized crime pose.
Moreover, this is also determined by the types of crimes that prevail in
organized crime. These are mainly crimes that have a well-established
system of their commission, which includes ways to overcome obstacles,
specialization of individual members of a criminal organization in
committing a particular crime, the use of proven eective methods and
means of committing, ensuring maximum concealment of a certain type
of crime. Such crimes include: human tracking, people smuggling,
arms tracking, wildlife crimes, non-renewable resources crimes, drug
tracking, tracking in psychotropic substances (cannabis, heroin,
cocaine, synthetic drugs) (see Table 2 for the Organized Crime Index in
selected countries).
The types of crimes listed in the Table 2 violate a number of fundamental
human rights and freedoms enshrined in the Convention, the Declaration,
national constitutions, as well as other national and international regulatory
acts.
These include:
• the human right to life, which may be violated by wildlife crimes,
drug tracking, arms tracking, etc. (Article 2 of the Convention);
• the right to have his honor respected and his dignity recognized, as
human tracking and people smuggling dishonor them (Article 3
of the Convention);
• people smuggling and human tracking in the vast majority of cases
is associated with slavery and forced labor in violation of Article 4
of the Convention;
• the right to liberty and security of person violated by human
tracking and people smuggling (Article 5 of the Convention);
• the right to respect for private life (Article 8 of the Convention), etc.
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Table 2. Types of Organized Crime Index in selected
countries (on a scale from 1 to 10)
Country
(ranked among
193 countries)
Criminal
markets in
general
Human
tracking
People
smuggling
Arms tracking
Wildlife crimes
Wildlife crimes
Non-renewable
resources
crimes
Heroin
tracking
Cocaine
tracking
Cannabis
tracking
Synthetic drug
tracking
Mexico (1) 8.00 7.5 8.5 8.0 7.5 7.0 7.5 8.0 9.0 8.0 9.0
Afghanistan
(6) 6.90 8.5 8.0 8.5 6.0 4.0 8.0 9.5 1.0 7.0 8.5
United Arab
Emirates (8) 6.75 8.5 6.5 6.5 5.5 7.5 6.0 7.0 6.0 6.5 7.5
Turkey (13) 6.40 7.0 9.0 9.0 4.0 3.0 9.5 8.0 4.0 5.0 5.5
Russia (27) 6.10 6.5 6.0 4.5 7.5 7.5 5.0 7.0 4.5 5.0 7.5
Vietnam (29) 6.05 6.5 7.0 4.0 6.5 8.5 6.0 7.0 4.0 4.5 6.5
China (37) 5.90 6.5 6.0 2.5 8.5 9.0 4.5 6.5 3.5 4.0 8.0
France (42) 5.70 6.0 6.5 6.0 4.0 5.5 4.5 6.0 6.5 6.5 5.5
Ukraine (50) 5.60 7.0 6.5 8.0 6.5 4.0 7.0 5.0 3.5 5.0 3.5
Serbia (51) 5.55 5.0 6.5 7.5 4.0 4.0 4.0 7.0 5.5 6.0 6.0
United states
(53) 5.50 5.5 4.5 6.5 2.5 5.5 4.5 6.5 7.0 5.0 7.5
Spain (58) 5.30 7.0 7.0 4.0 3.5 5.0 2.0 7.5 6.0 7.0 4.0
Italy (63) 5.25 7.0 6.5 5.5 2.5 3.5 5.5 4.5 7.5 5.0 5.0
Bulgaria (71) 5.10 6.0 5.0 3.5 5.5 5.0 5.0 6.0 4.0 5.0 6.0
Belgium (74) 5.05 5.0 5.5 5.5 2.5 3.5 3.0 4.0 7.5 6.5 7.5
Romania (74) 5.05 6.5 5.5 3.5 6.0 5.0 4.0 5.5 5.5 4.5 4.5
Netherlands
(77) 5.00 5.5 4.5 5.0 3.0 4.0 4.0 4.0 7.0 5.5 7.5
Montenegro
(77) 5.00 4.5 5.5 6.0 3.0 4.5 3.5 5.5 7.5 5.5 4.5
Germany
(92) 4.80 5.5 7.0 6.0 1.5 3.5 2.5 4.5 6.5 5.0 6.0
Czech
Republic (95) 4.75 5.0 5.0 4.5 3.0 5.5 3.0 4.5 4.5 6.0 6.5
Croatia (95) 4.75 4.5 6.0 3.5 5.0 2.5 4.5 5.0 5.5 5.5 5.5
202
Yuliya Khobbi, Iryna Storozhuk, Ivo Svoboda, Serhii Kuzmenko y Andriy Tymchyshyn
Reforming Techniques to Combat Organized Crime in the Context in View of Securing Human
Rights and Freedoms
Hungary (95) 4.75 6.0 6.0 3.5 3.5 4.5 5.5 4.5 5.0 5.5 5.5
UK (109) 4.40 6.0 5.0 3.5 2.5 4.0 2.0 4.5 6.5 4.5 5.5
Poland (109) 4.40 5.5 4.5 3.5 2.0 2.5 5.5 4.0 4.5 5.5 6.5
Switzerland
(117) 4.30 5.0 3.0 6.5 1.5 3.0 7.0 2.5 5.5 5.5 3.5
Sweden (118) 4.25 4.5 5.5 6.0 2.0 3.5 2.0 4.0 4.5 5.0 5.5
Israel (121) 4.20 5.5 2.5 5.5 1.5 2.0 5.5 3.0 4.5 6.5 5.5
Portugal
(127) 4.10 4.5 4.0 4.0 3.5 3.5 3.0 4.5 5.0 4.5 4.5
Greece (127) 4.10 5.5 7.5 3.5 2.0 2.5 3.0 6.0 3.5 5.0 2.5
Japan (130) 4.05 5.0 4.5 3.0 4.0 6.0 3.0 2.0 3.0 4.5 5.5
Norway (133) 4.00 5.0 3.5 3.5 2.5 4.0 3.5 5.0 4.5 4.0 4.5
Austria (136) 3.95 4.5 5.0 6.5 2.0 2.5 2.0 4.5 3.5 4.5 4.5
Denmark
(143) 3.85 4.0 4.5 4.0 1.5 2.0 2.0 5.0 5.5 5.0 5.0
Australia
(148) 3.75 3.5 3.0 3.5 3.0 3.5 2.0 3.5 5.0 3.5 7.0
Latvia (152) 3.65 4.5 3.5 3.5 1.0 2.0 2.0 4.5 5.0 3.5 7.0
Estonia (160) 3.45 4.5 3.0 3.0 1.5 1.5 3.0 3.0 3.5 5.0 6.5
Canada (160) 3.45 35 4.0 2.5 2.0 3.0 3.0 5.0 3.5 3.0 5.0
Singapore
(164) 3.25 5.5 2.5 2.0 2.0 5.0 1.5 4.0 3.0 2.0 5.0
Georgia (169) 3.05 3.5 2.0 2.0 3.5 3.5 3.0 3.5 2.0 3.5 4.0
Finland (177) 2.80 3.0 2.5 2.5 1.0 1.5 2.0 3.5 4.0 3.5 4.5
Luxembourg
(187) 2.35 3.5 2.0 2.0 1.0 1.5 1.5 3.5 3.0 2.5 3.0
Liechtenstein
(188) 2.00 2.0 1.5 2.5 1.5 1.5 1.5 2.0 2.5 3.0 2.0
Own elaboration.
In view of the danger of crimes committed by organized criminal groups
and the resulting violation of human rights and freedoms, the government
policy of some countries focuses on enshrining all the necessary preventive
instruments at the national level. The integration of some countries and
the creation of their unions necessitated the development of common
techniques of combating organized crime at the international level. A
number of international organizations have been established for this
purpose to carry out law enforcement activities, in particular combating
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organized crime (see Table 3). The states realize law enforcement through
law enforcement agencies, which often have separate units to combat
organized crime in the state at the national level.
Table 3. Types of Organized Crime Index in selected countries
(on a scale from 1 to 10)
Name of the
international
organization Activities
INTERPOL (n. d.) The International Criminal Police Organization,
established in 1923 and comprising 194 states; it is engaged
in coordination activities supporting the activities of law
enforcement agencies to search for a person (object), the
administration of justice, providing legislative support of
their activities, etc.; coordination of international search;
combating organized crime
EUROPOL (2021) The EU law enforcement agency established in 1994,
which includes all EU countries; it is engaged in activities
that support information exchange between countries,
coordinates operational activities and analysis of
operational and law enforcement activities of member
countries, ensures the harmonization of activities to
combat crime, in particular organized crime
ASEANAPOL (n. d.) The international law enforcement agency for combating
transnational crime in the Far East established in 1981,
which includes 10 countries (Brunei, Vietnam, Indonesia,
Cambodia, Laos, Malaysia, Myanmar, Singapore, Thailand,
Philippines); coordinates and strengthens international
cooperation of law enforcement agencies of member states
in combating transnational crime
AFRIPOL (n. d.) The international law enforcement organization for police
co-operation in Africa established in 1963, consists of 55
African countries; provides strategic, operational and
tactical activities of law enforcement agencies of member
states in combating organized transnational crime
AMERIPOL (n. d.) The American police community established in 2007, has
18 member states (30 member organizations); the main
objective is combating drugs, as well as other types of
organized crime and providing the national security
GCCPOL (2020) A law enforcement unit of the Secretariat General of the
Gulf Cooperation Council, established in 1981, which
provides the UAE’s links (mostly) with partners, in
particular, combating organized crime
Own elaboration.
The social danger and the scope of organized crime determine a
large number of international law enforcement agencies to combat it.
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Rights and Freedoms
Unfortunately, they are still not able to ensure respect for human rights
and freedoms in the course of proceedings. The rights and freedoms of
criminals are violated quite often when combating organized crime, as well
as in the course of practical implementation of measures to expose criminal
activity and detect perpetrators of crimes. This is usually the case during
detention, arrest or holding in custody; during the pre-trial investigation; in
the processes of extradition, expulsion and return of foreigners or stateless
persons (see Figure 1).
Figure 1: Violation of the rights and freedoms of persons
engaged in organized crime by law enforcement agencies (Own
elaboration).
These illegal actions by law enforcement agencies violate the Convention
and the Declaration, the regulatory acts on extradition, combating cross-
border crime, as well as national regulatory acts that enshrine fundamental
human rights and freedoms.
The current state policy of each country focus on maximizing the rights
and freedoms of each person, which are subject to the legal regulation. The
vast majority of states that are members of particular unions, or parties
to the international legal acts are guided in their criminal policy by a
number of national and international legal acts that establish the main
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areas of combating organized crime, in particular cross-border crime.
Nevertheless, almost all strategies and recommendations for combating
this type of crime need some improvement in view of the current needs and
continuous humanization of all spheres of life, including law enforcement.
The above statistics on the Organized Crime Index in some countries and
their Resilience Index show that high level of country’s resilience to the
risks of increasing level of organized crime is not always a guarantee of the
low crime rate. This, in fact, proves the need to develop a new approach to
combating this dangerous phenomenon.
This is why a number of countries are trying to take into account the
shortcomings of legislation in this area and its practical implementation
when developing a strategy to combat organized crime at the national
level (Ohr, 2015). Providing security and interests of the state and society,
protection of human rights and freedoms in the face of threats of personal,
social, national and international nature posed by organized crime are the
main objectives of those strategies. Those strategies aim to develop new
tools and areas of this eld, improve existing ones and recommend methods
of applying these tools. Moreover, national strategies usually include quite
similar areas of improvement and modernization in combating organized
crime in the context of globalization, humanization of legislation, as well
as geopolitical, economic and technological world development trends (see
Table 4).
Table 4. Strategic directions for improving measures
to combat organized crime
Strategic
direction Description
Establishing and
strengthening
cooperation
between
government bodies
and other agencies
- providing national security through the integration of
representatives of government (law enforcement, judicial)
agencies and non-governmental organizations, ensuring
eective and timely exchange of information between them
in order to combat organized crime;
- establishing partnerships between specialized
government bodies and local communities to ensure
teamwork in combating organized crime
Making law
enforcement
activities aimed
at ruining the
organized crime
groups and
focusing on the
highest priority
crimes more
ecient
- development of special measures to combat certain types
of organized crime;
- ensuring the eectiveness of law enforcement agencies
in combating such crimes as human tracking, people
smuggling, wildlife crimes, drug tracking;
- break o criminal connections in the organized criminal
activity by exposing certain types of criminal activity and
breaking them;
- identication and destruction of connections between
organized crime and terrorism, corruption, extremism, etc.
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Neutralization
or destruction
of the economic
component of
organized crime
- investigation of crimes committed by criminal groups and
individuals against the economic and nancial component
of the national economy;
- ensuring seizure of illegal prots and criminal proceeds;
- termination of legitimate business that nances organized
crime;
- making ght against money laundering more eective;
- counteracting the penetration of the criminal component
into the legal economy
Combating
criminal market - combating criminal markets engaged in human
tracking, arms tracking, public sector fraud and
nancial transactions in the public sector, cybercrime,
money laundering and illicit proceeds, people smuggling
(migrants), intellectual property crimes, corruption
oences, environmental crimes;
- mitigating risks and impact of criminal markets on the
criminal structure and performance
Establishment
and development
of international
cooperation
in combating
organized
crime and its
coordination
- improving the mechanisms of cooperation between the
national law enforcement agencies of dierent states
with international law enforcement agencies to combat
organized crime;
- ensuring coordination and exchange of information
between national and international law enforcement
agencies in combating organized crime, and making those
processes more ecient;
- creation of international databases that will be useful in
combating organized crime
Using knowledge
and skills, research
nding to forecast
the dynamics of
organized crime
and prevent it
- increasing the level of special knowledge in the eld of
anticipating the development of phenomena that give rise
to and contribute to the development of organized crime;
- identication of determinants and main trends in the
development of organized crime;
- forecasting the future state of organized crime in order to
eectively combat certain types of crime in the structure of
organized crime
Development
of a new legal
framework
in combating
organized crime,
and adaptation of
the current one
- development of new acts that will regulate new
techniques and areas of combating organized crime;
- revising current regulatory acts and certain provisions
that determine measures to combat organized crime in line
with current needs of national security
Providing an
educational
component for
law enforcement
and other
agencies involved
in combating
organized crime
- training of law enforcement and judicial ocers in digital
literacy;
- development of new educational programs for law
enforcement ocers and other agencies involved in
combating organized crime;
- permanent adaptation of the activities of national bodies
engaged in combating organized crime to new ways and
tools of criminal activity;
- developing the necessary knowledge, skills of law
enforcement and other government agencies involved in
combating organized crime, and gaining the experience
necessary for a digital investigation
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Application of
the latest digital
technologies, as
well as research
and development
products in
combating
organized crime
- expanding the use of new technologies to make
combating organized crime more eective;
- providing quick access to digital evidence and testimony;
- ensuring the eective storage of data and information of
law enforcement agencies on combating organized crime;
- solving the problem of legal access to hidden and
encrypted information on criminal investigations and
prosecutions;
- ensuring the security and condentiality of law
enforcement and other government agencies involved in
combating organized crime
Source: Department of National Security of Spain (2019); European Commission (2021).
The strategic directions in combating organized crime that we identied
are universal for stabilizing the dangerous situation with the growing level of
organized crime in the selected countries and the world as a whole. As these
directions are universal in the context of globalization at the international
level, there is a need to develop a strategy for combating organized crime
that will be taken into account in developing national strategies in this
area. But they should also provide for a specially authorized person (such
as an ombudsman) in view of such aspects of the research as violation
of the rights and freedoms of persons involved in organized crime and
current requirements for respect for the rights of suspects and the accused.
This person (or probably a separate structural unit) should control the
observance of the rights and freedoms of those criminals who committed
organized crime or were involved in it. This will comply with the principles
of humanity and human-centeredness of law enforcement. This should not,
however, mean unjustied commutation of punishment or release from
punishment and serving of those guilty of such criminal activity.
So, the International Draft Strategy for Combating Organized Crime
may include structural components and areas of updating those activities,
in particular:
• argumentation of the need to develop such a Strategy, which is due to
current global geopolitical, technological and economic processes;
• the purpose of the Strategy to achieve the maximum expected
eectiveness of measures to provide national and international
security by law enforcement agencies involved in combating
organized crime, as well as to ensure protection of human rights and
freedoms in the implementation of the said measures;
• the main strategic directions to improve combating organized
crime, which include: enhancing cooperation between dierent
government agencies, as well as between government agencies
and community representatives to ensure teamwork in combating
organized crime; breaking the economic component of organized
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crime, criminal markets and criminal connections between dierent
types of criminal activity; providing the proper level of education
and digital literacy for law enforcement ocers and the ocers of
other agencies involved in combating organized crime; use of the
latest digital technologies, knowledge, skills and research ndings
on combating organized crime; development of an appropriate
national and international legal framework; ensuring that the
rights and freedoms of suspects or the accused of being involved
in organized criminal activity are observed; establishment and
development of international cooperation to share information,
data and experience in combating organized crime.
4. Discussion
The study indicates that one of the essential and priority measures
in combating crime in general both nationally and internationally is the
development of the latest techniques and tools to combat organized crime
(Hrebeniuk, 2019) The reason is that organized crime has unfortunately
become an integral part of crime in some countries and in the world, so
it can no longer be considered an unusual phenomenon for any country
(Xholi, 2017), although some approaches to determining the main features
of organized crime and ways to combat it are debatable and cannot be
considered universal and securing human rights and freedoms in this area.
The suggestion to consider organized crime as a political crime (Barnes,
2017) does not correspond to reality, notwithstanding the fact that combating
crime in general and its type in particular is part of the criminal policy of
states. This approach may lead to conditional recognition of punishment
for organized crime as political repression, which is a violation of human
rights and freedoms. Therefore, such an approach will not promote either
combating organized crime or securing the rights and freedoms of persons
engaged in criminal activity as part of organized criminal groups.
The author cannot agree with the suggestion to take certain measures
in combating organized crime either. We can’t fail to agree that combating
organized crime is an important and complex activity, but there is a doubt
about the need to establish additional government bodies (law enforcement
agencies) that will focus on this type of activity (Ibragimov, 2017). Each
state already has specially authorized bodies to combat and counter crime
in general, being provided with all the necessary tools and resources for
that purpose.
The establishment of additional bodies will duplicate existing bodies,
moreover, this will require additional government funding. Therefore,
this measure is inappropriate. It is also inappropriate for the same reason
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to establish additional special international bodies that will deal with
combating organized crime only (Fijnaut, 2016). Establishing cooperation,
partnership between government bodies (police, prosecutor’s oce, tax
service, etc.) and local communities, public organizations will be more
eective and will allow for team multidisciplinary work (Groenleer, Cels
and De Jong, 2020). In turn, this will be another guarantee of observing the
rights and freedoms of persons engaged in criminal activities as part of the
criminal organization and victims of such activities.
The possibility of applying restorative justice to perpetrators of crimes as
part of the criminal organization is doubtful (D’Souza and L’Hoiry, 2021).
Restorative justice involves a special approach to justice, where a meeting
of the victim with the oender is arranged, usually with the involvement of
members of the wider public to eliminate (settle) the consequences of the
oense (Restorative Justice Council, n. d.). The possibility of applying this
form of justice to persons who have committed crimes as part of a criminal
organization is doubtful, as this type of crime is extremely dangerous and
the consequences of it cannot be eliminated or corrected in the vast majority
of cases.
Conclusions
The conclusion drawn from the study about an urgency of the reforming
measures to combat organized crime, which is caused by geopolitical,
technological and economic processes that have radically changed the
features of the organized crime.
The main strategic directions of reforming the activities of law
enforcement agencies to combat organized crime were identied on the
basis of the results of the study. They are universal for both national and
international law enforcement activities and include:
• enhancing cooperation between dierent government agencies,
as well as between government agencies and community
representatives to ensure teamwork in combating organized crime;
• breaking the economic component of organized crime, criminal
markets and criminal connections between dierent types of
criminal activity;
• providing the proper level of education and digital literacy for law
enforcement ocers and the ocers of other agencies involved in
combating organized crime;
• use of the latest digital technologies, knowledge, skills and research
ndings on combating organized crime;
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• development of an appropriate national and international legal
framework; ensuring that the rights and freedoms of suspects or
the accused of being involved in organized criminal activity are
observed;
• establishment and development of international cooperation to
share information, data and experience in combating organized
crime.
The Draft Strategy for Combating Organized Crime of advisory nature
to member states should be developed at the international level. It should
include the following structural components: grounds for the need to
develop this strategy; the purpose of creating this strategy; main strategic
directions of activity to combat organized crime and their explanation.
This study is not comprehensive and does not solve all the problems
of making combating organized crime more eective and ensuring full
respect for human rights and freedoms in the course of such activities. But
the suggestion on the up-to-date Strategy for Combating Organized Crime
and identication of the main strategic directions opens up prospects for
further research in this area, which will improve both the legal framework
and the practical implementation of its provisions on combating organized
crime at the cross-border and national levels.
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Consultation date: 02/01/2022.
www.luz.edu.ve
www.serbi.luz.edu.ve
www.produccioncienticaluz.org
Esta revista fue editada en formato digital y publicada
en julio de 2022, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.40 Nº 73
