Bukalerova L.A., Teplova D.O. Penal and administrative-legal measures of combating fraud

Abstract: The article is devoted to criminological research of organized fraud. The functional, system, social and economic analyses, widely used today, are very important for the study of this kind of organized crime, but the authors conclude, that criminological research should not be substituted by these methods. The authors suppose that the evaluation of organized crime through the complex of group crimes can’t be considered appropriate. In this case organized crime loses its distinctness and turns into some kind of a “drain”, where all the crimes committed by organized groups of people concentrate. When using this approach it is hard to define the essential features of organized criminal activity. Though the article gives preference to the criminological approach to organized crime study, the authors also consider its disadvantages lying in “axiologization” and “demonization” of organized crime. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific literature, materials of Mass Media. The use of the formal-juridical method helped in formulating of authors’ definitions. The authors also use the statistical method of organized crime research. The most comprehensive and substantial approach is the criminological approach to organized crime defining. Depending on the amount of analysis criteria, the narrow and the wide meanings can be defined. While the wide meaning covers the activity of stable organized groups and criminal communities, the narrow one covers only criminal communities. The need for generalization and systematization of knowledge about various types of organized crime doesn’t allow limitation of its sphere only to criminal communities’ activities, or to the complex of crimes committed by them. In the considered context organized fraud correlates with organized crime as a part and the whole.

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