Organized crime: criminal liability for the crime of organizing illegal migration

Abstract

Organized crime is a complex phenomenon. The key elements of the content of this phenomenon are addressed differently in the doctrine and regulatory acts of the Member States of the United Nations. The fight against organized crime is one of the most important issues for the entire world communityat the moment. This concern stems from the global spread of this phenomenon. This article defines the concepts of organized criminal group and criminal organization. Particular attention is paid to the term “criminal association”. In the article, the aggravation is related to the international standards on the fight against organized crime. A comparative legal-criminal analysis of the European Union Standards in the fight against organized crime is carried out. According to the Association Agreement concluded between the Republic of Moldova and the European Union, our country undertakes: “to prevent and combat all forms of organized crime, trafficking in human beings and corruption, as well as to intensify its cooperation in the fight against terrorism.” Ensuring the protection of an “organized criminal group” or “criminal organization” is a positive obligation of the state, which must pursue the legal purpose set out in the European Convention on Human Rights.