CRIMINAL-LEGAL CHARACTERISTICS OF A CRIMINAL GROUP AS A SPECIAL FORM OF COMPLICITY IN A CRIME

Abstract

The article examines the approaches existing in the science of criminal law to the consideration of such a form of complicity as a criminal group. The concept of a criminal group is proposed through the disclosure of the social danger of its main features.

The Criminal Code of the Republic of Kazakhstan was analyzed and the main legal conflicts associated with the definition of the concept of a criminal group and ways to counteract this illegal organizational activity were noted; in this regard, certain recommendations were proposed. Particular attention is paid to the substantive analysis of the necessary feature of an organized criminal group, "stability".

For all states, including Kazakhstan, the problem of combating organized crime is encountered, and it remains relevant, since such groups pose a threat to national security and the stability of society as a whole. The legislation of the Republic of Kazakhstan clearly distinguishes between the types of criminal groups and provides for tougher liability for the creation, management and participation in them. An effective fight against criminal groups is possible only with a deep understanding of their structure, characteristics and differences from other forms of complicity, which allows for the application of adequate measures of criminal-legal influence and improving the prevention of organized crime.

In general, legislative changes are aimed at toughening penalties, increasing the effectiveness of investigation and suppression of the activities of criminal groups, as well as integrating the Kazakh legal system into the international space of combating organized crime.

Keywords: complicity; form; group; criminal group; cohesion; structure; collusion; stability.