Journal article Open Access
K.B. Marysiuk, O.-A.V. Vasylkiv
The article analyzes the legal characteristics of the gang under the current Criminal Code of Ukraine. A gang must be an armed organized group or criminal organization that was previously created to carry out several attacks on enterprises, institutions, organizations or individuals, or one such attack that requires careful long-term training. It is proved that Art. 257 of the Criminal Code of Ukraine provides for 5 signs of banditry as a criminal offense, namely: the presence in the gang of several (three or more) subjects of a criminal offense; stability; armament; the purpose of the group members - to attack enterprises, institutions, organizations or individuals; way of committing a crime - an attack on enterprises, institutions, organizations or individuals.
Mandatory presence of three or more subjects of the offense, which establishes a fairly large number of components, which affects the increased public danger. The stability of the association indicates the presence of internal and external features that ensure cohesion, strong communication between members, the ability to withstand adverse conditions that allow the continued long-term existence of the gang. Availability of arms of the formation is a sign that indicates the mandatory presence of the gang and its members of certain types of weapons, other than those that are not considered weapons in its criminal law and its use during attacks. The purpose of the gang is to attack enterprises, institutions, organizations or individuals, which indicates a desire to use violence and achieve selfish goals (illegal enrichment). The method of commission covers the preparation, commission and concealment of a crime. Depending on the circumstances of each offense, the time and resources spent at each stage may vary, but in any case it is impossible to avoid at least one of them.
Signs of an offense play a very important role in classifying acts committed in complicity, as they allow them to be distinguished, as well as in the detection, investigation and determination of responsibility for offenses committed by organized groups and criminal organizations, and in preventing them.