Scientific Approaches to the Definition of Organized Transnational Crime

Abstract

Scientific research of the concept of «transnational organized crime» was carried out. It is established that transnational crime is one of the types of crime in general and provides for various interpretations. In a broad sense, this concept covers both political, in particular terrorist, crimes, as well as ordinary transnational crimes. The question of relationship  transnational crime with so-called international research in international legal science, which forms its own categorical apparatus, in particular, the theory of international crime identifies three categories of international crimes: international extradition crime, transnational crime, international legal crime. It was found out that the main factors that determine the development of transnational crime are: legislative non-suppression of opposition to organized crime in general and transnational particular; lack of laws establishing responsibility for laundering «dirty» money; the inefficiency of the existing law enforcement system; no hard currency, financial, banking, tax and other economic control, properly equipped borders and well-established customs and migration services; unformed state awareness of the dangers of transnational crime and political will to counter it. Transnational crime as a completely new type of organized crime turns criminal structures into a threat to the stability of states, a significant hindrance to their economic development, and undermines the development of democratic institutions. Therefore, the identifying the signs of transnational crime will help to find key aspects due to them we can explore all the features of this phenomenon, and also identify those that make up its core from a circle of different organized criminal structures. But for operating such term as  «transnational crime», it is necessary to define its nature. With the help of the conceptual characteristics of this phenomenon, it is possible to determine the scale of the threat, determine the ways of the formation of transnational crime, the causes and conditions for its emergence and existence. Based on this, it is possible to develop a system of adequate measures to counter transnational crime, combining the efforts of all states. The concept of «transnational crime» is broad and covers various types of crimes belonging to the categories of organized crime, corporate crimes, professional and political crimes, sometimes up to several categories of crimes at the same time. Traditionally, the factor of border crossing by criminals or the manifestation of the results of their illegal actions outside the country – the place of their commission – is considered as a mandatory component of the functioning of transnational crime.