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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Security Service of Ukraine, Ukraine
E-mail: steelukrainian@gmail.com
ORCID: https://orcid.org/0009-0002-0383-8557

DOI: https://doi.org/10.30525/2256-0742/2024-10-3-227-233

THE MECHANISM OF CRIMINOLOGICAL POLICY FORMULATION 
IN THE FIELD OF COUNTERING TRANSNATIONAL  

ORGANISED CRIME
Vasyl Maliyk1

Abstract. The objective of this article is to elucidate the fundamental components of the mechanism for formulating 
criminological policy in the context of combating transnational organised crime. In addition, it aims to analyse 
the subjective composition of the counteraction to such criminal offences and to identify the measures that are 
necessary to neutralise threats and risks to national security. The article presents a scientific discussion of the 
mechanism of formation and implementation of criminological policy. It is determined that the nationwide system 
of combating transnational organised crime can counteract the systemic threats reflected in the Strategy for 
Combating Organised Crime. This necessitates the establishment of a singular entity: a state body endowed with 
distinctive status, entrusted with the requisite authority over other entities, including competence related to the 
budget allocation process and control over its implementation in terms of combating such crime. This entity must 
possess a sufficient information and analytical component, the result of which should be both the assurance of the 
agency's ongoing activities and the preparation of strategic programme documents on combating transnational 
organised crime in general and in its individual areas. These documents must then be approved by the President 
of Ukraine, who serves as the guarantor of national security. Results. The author develops a scientific concept of the 
criminological policy of combating transnational organised crime based on the system of coordinated measures to 
ensure criminological security. This concept has been tested by domestic and foreign practice, with the development 
and implementation of a set of strategic legal, economic and social measures in the activities of entities involved in 
combating transnational organised crime (decisions, recommendations, and methodologies) at the legislative and 
governmental levels. These measures are aimed at identifying criminogenic factors and making effective legal and 
regulatory, organisational and managerial decisions, including departmental (and interdepartmental) decisions, by 
authorised entities on this basis.

Keywords: transnational crime, organised crime, crime control, war, martial law, criminological policy.

JEL Classification: H56, N40, K14

1. Introduction
Today Ukraine is passing through a special period 

in its history: fundamentally new horizons for its 
development are opening up and favourable conditions 
are being created for systemic reforms aimed at 
deepening democracy and integrating Ukraine into 
the European Union. At the same time, despite the 
positive results achieved so far in their implementation, 
it should be noted that Ukraine is still unable to solve 
the strategic task of creating an effective mechanism 
for combating crime. The criminological policy of the 
Ukrainian state is currently aimed at the democratic 
development of society, which could not but affect  
the strategy of combating transnational organised  
crime. This is done through the functioning of the 

relevant state mechanisms, because Ukrainian realities 
have shown that transnational organised crime is 
a factor of global danger, in which the problems of 
military expansion, corruption, the political system 
of the state, as well as economic prospects for the 
development of the world economy are intertwined. 
If a few years ago the world community was aware of 
this danger at a theoretical level, today it has become 
a reality of international politics and economics, where 
international relations are largely dependent on the 
actions of organisers of global transnational crime 
(Zharovska, 2014). At the beginning of 2014, domestic 
transnational crime took on global proportions, 
becoming a factor in the daily life of every citizen of 
the country and convincingly proving that it can, at its 



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own discretion, govern the state, determine the fate 
of citizens and turn entire regions into enclaves where 
laws do not apply. Law enforcement officials are in 
fact contributing to the militarisation of transnational 
criminal organisations by providing them with 
weapons, equipment, buildings and premises belonging 
both to them and to state authorities. In particular, the 
state Financial Monitoring Service of Ukraine focuses 
on investigating the laundering of funds derived from 
corruption, embezzlement and misappropriation of 
public funds and property by criminal organisations 
and business structures with transnational links.  
In particular, the focus is on the billions of dollars 
received from illegal transactions related to almost  
all forms of transnational criminal activity and 
transferred abroad (The State Financial Monitoring 
Service of Ukraine).

The issue of combating transnational organised  
crime has been the subject of considerable research 
by scholars such as A. N. Babenko, O. N. Dzhuzha, 
P. S. Yeprintsev, E. S. Nazymko and others. However, 
there are certain aspects of the topic that have not  
been fully addressed, which makes the subject of this 
article a relevant one.

The objective of this article is to elucidate the 
fundamental components of the mechanism for 
formulating a criminological policy in the context of 
combating transnational organised crime. In addition, 
it aims to examine the subjective composition of the 
counteraction to such criminal offences and to identify 
the measures that are necessary to neutralise the threats 
and risks to national security.

2. Doctrinal and Normative Approaches  
to Determining the Mechanism  
of Criminal Justice Policy Formation

In the field of legal scholarship, the term  
"mechanism" is understood to refer to an institution  
that encompasses the entirety of the practical 
implementation of individual tasks, the utilisation of 
human and citizen rights, and which imbues this process 
with a systemic and dynamic quality (Onishchenko, 
2010). This mechanism may be conceived as 
a "mechanism of the state". In other words, it is a system 
of state bodies and institutions through which state 
power is exercised and the public administration of 
society is ensured (Democratic principles of state 
administration and administrative law, 2010). 

The mechanism of combating crime is a way of ensuring 
the safety of a person, society and the state from criminal 
offences, which is determined by the nature, capabilities 
and focus of actions of the subjects of formation and 
implementation of the country's criminological policy.  
The fundamental principle underlying the mechanism 
of combating transnational organised crime is the 
collective undertaking of agreed-upon actions, 

designed to attain the desired level of security for 
the individual, society, and the state. The foundation  
of such a mechanism is the fulfilment of the requisite 
conditions for the security of individuals, society 
and the state, commensurate with the level of societal 
development attained through the agreed activities  
of security actors (Nikitin, 2009).

The formation and implementation of criminological 
policy is underpinned by a number of key mechanisms, 
including: a) the system of state bodies, state  
institutions and enterprises, local self-government 
bodies, officials and officials, and associations of  
citizens; b) guarantees for the protection of  
fundamental rights and freedoms; c) legal and 
organisational components of the mechanism 
of implementation; d) the process of practical 
implementation of the possibility and necessity in 
reality; e) conditions and factors of the human rights 
process (Vasylevych, 2020). 

The mechanism should be considered in two 
directions: firstly, in terms of its internal function,  
which is to ensure the life of a person and society  
within the state; and secondly, in terms of its external 
function, which is to minimise the negative impact of 
challenges related to globalisation and transnational 
criminal groups on the internal security of Ukrainian 
society. The operational form of the mechanism in 
the system of ensuring national security of society is 
presented in the following scheme: the security needs 
of objects, the objective conditions for ensuring the 
security of a person and society (the structural and 
functional interaction of security subjects), the means 
and ways of achieving the goal (i.e., decision-making 
and implementation), the effectiveness of joint activities 
(i.e., stabilisation of the criminological situation), 
and the correction of future anti-crime measures.  
The criminological mechanism is characterised by 
a complex hierarchical structure and an array of  
intrinsic means and methods of function. In other 
words, for such a mechanism to be effective, it is 
necessary that the entire spectrum of the subject- 
object mechanism, including state bodies, public 
associations and citizens, as well as the spheres of 
influence such as the military, economy, politics, 
law and information, are interconnected and act in 
unison. This is provided that the necessary resources  
to achieve the goal are available.

In this context, it is correctly stated that the legal 
response to criminal offences represents a specific 
form of counteraction to criminal offences. This is 
implemented by directing criminal law measures 
provided for by the Criminal Code of Ukraine at the 
relevant subjects (Problems of combating crime, 2010).

It can thus be stated that the functions of the rule of 
law in formulating and ensuring the implementation 
of criminological policy are primarily aimed at the 
prevention of criminal offences.



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In light of this paradigm, the principal functions of 

the mechanism for combating transnational organised 
crime can be defined as follows: a) ontological, in that 
it identifies the criminogenic determinants of impact 
(internal and external) on national security; b) heuristic, 
in that it researches criminogenic determinants, 
forecasts further threats and plans preventive measures 
of impact; c) epistemological, in that it facilitates 
interaction between security sector institutions  
and the public in the detection, suppression and 
investigation of criminal offences committed by 
transnational organised crime.

In such circumstances, the implementation of 
criminological policy to combat transnational  
organised criminal associations can be effective if the 
determinants of crime are identified, the mechanism 
of individual criminal behaviour is established and 
measures are taken that can eliminate further illegal 
actions and detect them at the stage of preparation or 
attempt (Korniakova, 2011).

In view of the above, it can be stated that the  
mechanism of formation and implementation of 
criminological policy is a regulatory, legal, socially 
conditioned and mutually coordinated activity of the 
authorised bodies of the state for determination of 
strategic directions of the fight against crime, development 
of a set of legal, economic, social measures (i.e., decisions, 
recommendations, methods) at the legislative and 
governmental levels aimed at identification of criminogenic 
factors, as well as their praxeological implementation  
for prevention of certain types of crime.

3. Current Status and Trends  
in the Development of Criminological Policy  
in the Field of Combating Organised Crime

In 2000, the Law of Ukraine "On State Forecasting 
and Development of Programmes for Economic and 
Social Development of Ukraine" was adopted (The Law 
of Ukraine "On State Forecasting and Development of 
Programmes for Economic and Social Development  
of Ukraine", 2012), which established the general 
procedure for the development, approval and 
implementation of forecasting and programme 
documents for economic and social development, as 
well as the rights and responsibilities of participants 
in state forecasting. This law, though, did not directly 
regulate the development, approval and implementation 
of state programmes to combat crime. Therefore, the 
third programme, entitled "Comprehensive Crime 
Prevention Programme for 2001-2005" (2000), was 
approved by presidential decree. However, in 2004, 
the Law of Ukraine "On State Targeted Programmes" 
(The Law of Ukraine "On State Targeted Programmes", 
2014) was adopted, which defines the basic principles 
of development, approval and implementation of 
state target programmes. Pursuant to the provisions 

of this Law, the fourth in the series, but structurally 
and substantively different from the previous ones, 
the Comprehensive Programme for the Prevention of 
Offences for 2007-2009 (2006) was developed and 
approved, which provided for unclear "cascading" 
control over the implementation of this programme. 
Later, the Concept of the State Targeted Programme 
for the Prevention of Offences for the period up 
to 2015 was approved (2011). Comparison of the 
concepts of previous Comprehensive Programmes for 
the Prevention of Offences (for example, for 2007-2009  
and 2011-2015) shows that their programme 
prescriptions are very similar and sometimes repeat 
each other. This is no accident, as the problems  
remain unresolved.

In addition, the Presidential Decree of October 21, 
2011, approved the Concept of State Policy in the 
Field of Combating Organised Crime, which envisaged 
a number of measures for 2011-2017 aimed at  
reducing the manifestations of organised crime, 
strengthening social and political stability in the  
country, increasing the trust of civil society institutions 
in the state authorities, and improving the level of 
protection of citizens from criminal attacks.

In accordance with this decree, the Cabinet of 
Ministers of Ukraine approved an Action Plan for the 
Implementation of the Concept of State Policy in the 
Field of Combating Organised Crime. An analysis 
of the Concept and the Action Plan shows that  
they are somewhat autonomous. More specifically, 
the Action Plan consists mainly of measures that are 
or should be the subject of daily activities of certain 
actors in the fight against organised crime (improving 
the mechanism for monitoring the crime situation in 
the country as a whole and in its regions by introducing 
an annual systematic analysis of the causes and 
conditions affecting it; ensuring a systematic analysis 
of the state of pre-trial investigations in criminal 
cases of crimes committed by organised groups or  
criminal organisations; developing and implementing 
criteria for evaluating the effectiveness of the work 
of special units, etc.). However, there was virtually 
no mechanism for implementing the Concept  
(The Security Service of Ukraine as part of the system of 
combating organised crime and corruption, 2021).

The approved Strategy for Combating Organised 
Crime (2020) is much more optimistic. In particular,  
its provisions, which were not included in previous 
policy documents, are noteworthy:
1. The assessment of the threats of serious and  
organised crime will lead to analytical conclusions 
that will form political priorities, which in turn  
will be transformed into strategic goals. Approved 
strategic goals are the basis for the development of 
comprehensive action plans.
2. Establishment of an interagency commission – a 
coordinating body (National Coordinator) that will 



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approve priorities for combating organised crime, as 
well as monitor and evaluate the implementation of 
this Strategy (The Order of the Cabinet of Ministers of 
Ukraine "Strategy for Combating Organised Crime" of 
September 16, 2020, No. 1126-p). 

4. Subjects of Formation of Criminological Policy 
in the Field of Combating Transnational 
Organised Crime and Directions  
for its Improvement

In light of the current challenges and threats facing 
society, it is of the utmost importance to reinforce 
measures to transnationalise crime, coordinate and 
systematise anti-corruption activities across all sectors, 
and ensure the consistent implementation of the 
principle of integrity for employees at all levels of the 
organisational structure. O. Shostko (2014) concluded 
that the implementation of prevention measures  
should be prioritised. However, in light of the novel 
challenges associated with establishing evidence of 
multi-billion dollar embezzlement of the state budget, 
it is imperative to prioritise the implementation of 
the principle of inevitability of punishment for all 
individuals guilty of corruption-related offences and 
the return of their illegally obtained income to the 
Ukrainian state. In this context, it is worth focusing on 
the adoption of the Law of Ukraine "On Regulation of 
Lobbying Activities" as part of the de-oligarchisation 
action plan, which should meet European standards  
and be the result of an open and inclusive discussion 
with a wide range of stakeholders (including civil 
society organisations).

In accordance with the Constitution of Ukraine  
and the Law on National Security of Ukraine, the 
President of Ukraine is the head of state, acting on its 
behalf. The President of Ukraine is the guarantor of 
state sovereignty, territorial integrity, the observance 
of the Constitution of Ukraine, and human and civil 
rights and freedoms (The Constitution of Ukraine 
of 28 June 1996, No. 254k/96-VR). In the field of 
combating transnational organised crime, the President 
of Ukraine exercises his powers, ensures national 
security and defence of the country, in particular: 
guarantees state independence and national security; 
chairs the National Security and Defence Council of 
Ukraine, enacts its decisions in accordance with the 
established procedure; issues decrees and orders on 
national security and defence issues that are binding  
on the territory of Ukraine, in particular, the  
Presidential Decrees approve the National Security 
Strategy of Ukraine (The Law of Ukraine "On National 
Security of Ukraine" of 21.06.2018 No. 2469-VIII).  
As head of state, he represents Ukraine in international 
relations.

As the head of the system of ensuring both national 
and internal security of the state, the President 

forms the National Security and Defence Council of 
Ukraine (NSDC). In accordance with its designated 
responsibilities, this body strives to ascertain the 
strategic national interests of Ukraine, to identify 
both potential and actual threats to national security 
in general and internal security in particular, and to  
develop security plans in various spheres of life.  
These plans are then submitted to the President of 
Ukraine for further implementation, with the aim 
of promptly identifying, preventing, or neutralising 
real and potential threats. The NSDC considers and  
develops concepts, state targeted programmes, 
international treaties on national security, and 
coordinates the activities of state bodies in  
implementing the state policy on the protection  
of state secrets. The NSDC monitors the implementation 
of its decisions and collects, analyses, processes and 
evaluates data on the activities of executive authorities 
in the field of state secret protection (The Decree  
of the President of Ukraine "On the Decision of the 
National Security and Defence Council of Ukraine  
'On Urgent Measures to Protect Ukraine and  
Strengthen its Defence Capability'" of August 28,  
2014, No. 744/2014). It is beyond doubt that the 
NSDC plays a pivotal role in ensuring national  
security and defence, as well as the protection of 
state secrets. This is evidenced by the classification of  
a number of its decisions, for example, some provisions 
of the NSDC decisions are classified as "secret" 
(Pozhydaiev, 2009). A further significant function 
of the NSDC is the coordination and supervision  
of the activities of executive bodies in the field of 
national security. 

With regard to the work of the NSDC in the field of 
crime control, temporary inter-agency commissions, 
working and advisory bodies may be established to  
study and comprehensively address criminological 
problems of a cross-sectoral nature and to provide 
scientific and analytical support. The materials developed 
are submitted to the NSDC for consideration and 
thorough discussion, after which appropriate decisions 
are taken. They come into force if they are adopted by 
at least two-thirds of the votes of all members of the 
Council. The decisions are put into effect by a decree 
of the President of Ukraine. Their implementation 
is obligatory for all executive bodies and structures.  
The members of the NSDC coordinate and control the 
implementation of these decisions within the limits  
of their competences.

The Verkhovna Rada of Ukraine plays a special role 
in the mechanism of counteraction and formation of 
criminological policy. This body develops and adopts 
laws in the area of combating crime and ensuring 
internal security of society (Nikitin, 2009). On the 
basis of these laws, it has great powers in the process 
of developing and implementing measures that  
contribute to the fight against crime and ensuring 



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security. The laws adopted by the Verkhovna Rada of 
Ukraine have laid the foundation for the fight against 
transnational organised crime. For the first time in the 
history of Ukraine, laws were adopted that directly 
regulate the activities of state bodies in the fight against 
corruption: the Law of Ukraine "On Organisational  
and Legal Framework for Combating Organised Crime", 
the Law of Ukraine "On Prevention of Corruption", 
the Law of Ukraine "On Operational and Investigative 
Activities" and a number of others. With the adoption 
of the Law of Ukraine "On Organisational and Legal 
Framework for Combating Organised Crime", the 
legislator for the first time defined the state bodies 
responsible for combating organised crime and united 
them into state bodies specially created to combat 
organised crime and state bodies that also participate 
in the fight against organised crime. However, the 
issues of governance of these units have not yet been 
sufficiently studied. It is also problematic to identify 
a coordinating body that could effectively coordinate 
their activities that have a common goal, such as the 
fight against organised transnational crime, as the 
current coordinating body, the Prosecutor's Office 
of Ukraine, does not fully exercise its powers in this  
area (Pozhydaiev, 2009).

One of the most important regulatory manifestations 
of the Verkhovna Rada of Ukraine in ensuring  
the fight against transnational organised crime is the 
financing of various crime prevention programmes 
from the state budget. Financing and logistical support 
of the fight against transnational organised crime 
is a priority and is provided from the state budget.  
The amount of funds required for this purpose, 
including in foreign currency, is set annually by the 
Verkhovna Rada of Ukraine when approving the budget 
in accordance with state targeted programmes to  
combat crime. The structure, staffing and payroll of 
specialised units of the MIA and SSU are approved 
by their heads within the limits of the allocations 
determined by the Committee.

In order to carry out these functions, the Verkhovna 
Rada of Ukraine has established committees, most 
of which deal with issues directly related to the fight  
against crime and ensuring the internal security of  
society (in particular, the committees on anti-
corruption policy, foreign policy and interparliamentary 
cooperation, Ukraine's integration into the European 
Union, national security, defence and intelligence, 
organisation of state power, local self-government, 
regional development and urban planning, and legal 
and regulatory affairs). 

According to the Constitution of Ukraine, the Cabinet 
of Ministers of Ukraine is the supreme executive 
body that ensures the adoption of state decisions 
in the internal security system (Article 6, Article 
113(1), Article 116, Article 117) (The Constitution of  
Ukraine of June 28, 1996. № 254k/96-VR).

The analysis of the extant legislation has enabled 
the functions of such a body in the field of combating 
transnational organised crime to be distinguished, in 
particular: ensuring state sovereignty and economic 
independence of Ukraine; implementing the state's 
domestic and foreign policy; implementing a unified 
financial, pricing, investment and tax policy; ensuring the 
national programme of economic, scientific, technical, 
social and cultural development; managing state 
property; implementing measures to ensure defence.

Ministries and other central executive bodies  
that have military formations and law enforcement 
agencies under their jurisdiction shall, within their 
powers, organise and ensure the implementation  
of laws of Ukraine and other regulatory legal acts on 
combating crime, create the necessary conditions for 
other subjects to exercise their powers in the field 
of combating transnational organised crime, ensure 
objective and timely information to the Verkhovna 
Rada of Ukraine, the President of Ukraine, the National 
Security and Defence Council of Ukraine and the 
National Assembly of Ukraine.

The reform process that occurred during the period 
of military aggression had the most deleterious  
effect on the work of law enforcement agencies. 
Consequently, the division of power structures in 
terms of their subordination between the President 
and the Prime Minister is untenable. Furthermore, 
the disorganisation of law enforcement agencies can 
be attributed to the political privatisation of certain 
power institutions. Furthermore, it is unacceptable for 
a political force or institution to utilise the security 
forces as a means of political competition and a system 
of suppression of political opponents, whether directly 
or indirectly. It is regrettable that certain actions 
undertaken by the Ukrainian authorities give rise  
to the concern that the existing power structures, 
particularly the special services, may be assuming the 
role of political police. This is particularly worrying 
given that these structures lack the capacity to  
effectively counteract the activities of organised  
criminal networks that have established close ties with 
criminal groups in neighbouring countries. These 
networks are supported by political regimes and 
special services whose objective is to create a centre 
of political instability in Ukraine, where transnational 
criminal activity will be further legalised. Indeed, 
some law enforcement officers are unable to make 
appropriate decisions, and there is evidence of betrayal, 
disarmament, and reluctance to risk their own lives  
in the protection of citizens (Zharovska, 2014).

5. Conclusions
It can thus be concluded from this study that 

a nationwide system of combating transnational 
organised crime is the only means of counteracting  



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the systemic threats reflected in the Strategy for 
Combating Organised Crime. This necessitates 
the establishment of a singular entity: a state body 
with distinctive status, equipped with the requisite  
authority over other entities, including competence 
related to the budget process and control over its 
implementation in terms of combating such crime. 
Furthermore, it must possess a sufficient information 
and analytical component, the result of which 
should be both the assurance of the agency's ongoing  
activities and the preparation of strategic, programme 
documents on combating transnational organised 
crime in general, and in its separate directions. These 
documents must be approved by the President of 
Ukraine as a guarantor of its security.

However, today these norms are formed by these 
actors independently, which leads to the emergence 
of tactical-level programme and planning documents, 
the content of which does not go beyond "day-to-day 
activities". As a result, the norms-principles (currently 
the National Security Strategy) do not find their  
further implementation and remain "declarations of 
intent" not backed by organisational and material 
resources (in the case of the Security Service of  
Ukraine as part of the system of fighting organised  
crime and corruption).

The activities of such a body should be systematic 
and based on the effective organisation of measures 
to prevent criminal offences, which depends on the 
availability of a comprehensive, scientifically based 
Concept for Combating Transnational Organised Crime 
in Ukraine. Such a concept should be based on an 
understanding of a multifactorial systemic social 
phenomenon that should be addressed, on the one 
hand, within a single system, and on the other hand,  
at different social, political and governmental 
levels. This concept can be created and effectively 
implemented only within the framework of the 
conceptual foundations of criminological policy,  
which, taking into account the creation of new law 

enforcement institutions and systemic changes in 
the activities of existing ones, should be aimed at 
determining the body responsible for targeted crime 
fighting in the national crime prevention system, taking 
into account European experience and international 
practice; continuing the reform of the police and  
security services, taking into account the conditions of 
martial law and integration into the European Union; 
introducing the latest information and analytical 
technologies for analysing and forecasting crime in 
the country and in certain regions, as well as certain 
types of crime; creating criminological intelligence  
and identifying a body (scientific institution) 
responsible for developing and implementing the 
latest methods and ways to counter modern threats; 
regulating and implementing a mechanism for 
coordinating the activities of state bodies in this area, 
as well as ensuring the interaction of law enforcement 
agencies by identifying the main coordinator in the 
fight, holding interagency meetings on a regular  
basis, and creating joint investigative teams to  
prevent, detect, stop and investigate the activities of 
organised criminal groups; reforming penitentiary 
institutions with an increased emphasis on punitive 
and operational and investigative functions; developing 
criteria and implementing a system for assessing the 
effectiveness of law enforcement agencies involved 
in combating such crime based on a risk-based 
approach; creating a system for selecting, staffing 
and training special and other units of authorised  
bodies to implement criminal policy in the country 
as a whole and in the regions separately; initiating 
the introduction of new tools aimed at strengthening 
the capacities of agencies involved in the fight 
against transnational crime, supplying modern 
special equipment, weapons, and so forth; as well as 
strengthening cooperation and implementing joint 
prevention teams, conducting operations under 
agreements with international law enforcement 
institutions (Interpol, Europol) and foreign partners.

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Received on: 22th of June, 2024
Accepted on: 27th of August, 2024

Published on: 20th of September, 2024