PERFECTION OF LEGAL BASIS IN ORGANIZED CRIME’S COMBATING IN UKRAINE. IS IT ENOUGH TO COMBAT ORGANIZED CRIME?

The aim of the paper is to overview and analyze legal basis for combating organized crime in Ukraine, namely international and regional agreements (The Conventions and their additional protocols). The novelty of the paper is the fact that this type of research has not been carried out in depth yet abroad with exceptions on some aspects in Ukraine. This will allow us to have clear picture on legal basis for combating organized crime in Ukraine from international point of view. At the same time it facilitates to get a clear and comprehensive answer for the following questions: is international and regional legal basis enough to combat successfully a public enemy? Does Ukraine have law on prevention organized crime?


Introduction
Researchers and representatives from law enforcement agencies, security services agreed in one voice that organized crime is one of the most serious threats to each country's national security. Namely the alleged ties between organized crime and terrorism, organized crime and cybercrimes and their implications to country's national security. Acknowledging that organized crime corrupts the system http://dx.doi.org/10.17770/acj.v1i86.4220 and morals of a state, destabilizing the society and undermining public faith in the state, rule of law. So, it leads to the question -how to combat organized crime in vibrant and global world?
Despite a positive side of globalization on wellbeing of people, spreading news technologies, freedom of workers' movement, it brings also additional tasks for international community in combating organized crime. Ukraine is not exempted from it.
The Maidan's revolution of 2014 in Ukraine, invasion of Russia into territory of Ukraine and still ongoing war once more remind to us about threat of organized crime. Title III "Justice, Freedom and Security" of the European Union and Ukraine Association Agreement signed in 2014 highlights the commitment to combating organised crime and money laundering, to reducing the supply of and demand for illicit drugs and to stepping up cooperation in the fight against terrorism 1 .
Object of research: the international legal tools for combating organized crime (hereinafter refer to as "OC") in Ukraine.
The objective of the paper to get answer on the main question of this research: are international and regional legal tools enough for combating OC.
To reach the mentioned objective, the following tasks have been set out: To identify international (namely The United Nations) and regional namely (European Council) Conventions and their additional protocols directly and indirectly targeting OC; To identify international (The United Nations) and regional namely (European Council) Conventions and their additional protocols signed and ratified by Ukraine; To review international legal acts signed and ratified by Ukraine on the object of exemption done during ratification procedure at country's Parliament; To review laws of Ukraine on prevention of OC and on detection of criminal offences committed by organized crime groups via operational and search activity (criminal intelligence).

Legislative framework
According to Paoli and Fijnaut, the term "organized crime" coined in the United States at the end of the nineteenth century.  8 (art. 8), this means that a balance must be sought between the exercise by the individual of the right guaranteed to him under paragraph 1 (art. 8-1) and the necessity under paragraph 2 (art.  to impose secret surveillance for the protection of the democratic society as a whole 3 .
In Malone case the ECHR states, that the increase of crime, and particularly the growth of organized crime, the increasing sophistication of criminals and the ease and speed, with which they can move about have made telephone interception an indispensable tool in the investigation and prevention of serious crime.
The World Economic Forum (hereinafter, WEF) annually publishes Global Competitiveness Report, which looks at dozens of measures of economic and institutional health to compile a ranking of countries. One of the subcategories used by the WEF is the prevalence of organized crime -listed under the "security" index. Extortion, racketeering, theft, violence, and property damage are all factors that could hold back a country's development. WEB uses a scale of 0 to 10, where 0 is highly level of OC and 10 is no OC. According to organized crime index Finland, Norway rank highest with scores 6.8 and 6.6. Ukraine scores 3.9 and 113 place in ranking amongst 137, Moldova 4.3 and 94 place, Russian Federation 4.5 and 86 place 4 .
International community acknowledge the threat of organized crime in the whole world and takes step to combat this evil by adopting new body for cooperation between states for example such as Interpol, by adopting new international legal acts. Some internationally signed acts are binding and some are not binding. The author of the paper analyzes only legally binding international treaties signed by Ukraine.
Part 1, article 9 of the Constitution of Ukraine states, that International treaties that are in force, agreed to be binding by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine 5 .
The author reviewed and selected international treaties targeting OC ratified by Ukraine. The following Conventions and their additional protocols had found: • For example, paragraph b of article 2: The term "serious crime" corresponds to the terms "grave crime" and "especially grave crime" in the Ukrainian criminal law. Grave crime means the crime for which the law provides such type of punishment as imprisonment for at least five years and not exceeding ten years (paragraph 4 of Article 12 of the Criminal Code of Ukraine), and especially grave crime means crime for which the law provides such type of punishment as imprisonment for more than ten years or life imprisonment (paragraph 5 of Article 12 of the Criminal Code of Ukraine) 8 .
•  13 . Other important international tools for combating organized crime are regional conventions adopted by European Council. Ukraine is active participant of mentioned international organization. Regional conventions entered into force (signed and ratified by Ukraine) are: • Extradition 2012. Sum -up, Ukraine signed and ratified the main international agreements (The Conventions and its additional protocols) directly or indirectly targeting organized crime.
All laws targeting organized crimes could relatively be divided into categories: 1) preventing (for example, On Operational and investigative activity); 2) detecting, investigating and prosecuting (for example, Criminal procedure code); 3) executing (for example, Penal code). Crime reduction strategy in respect of "organized crime" should be one of law enforcement priorities. It could be implemented by organizational, legal means (laws, regulations). Alongside with many factors (for example, rate of unemployment), which affects crime index in the country, the author is going to focus only on legal part of organized crime reduction, firstly on prevention. Although it exists, the difficulties of evaluating prevention in the many areas, in which data quality on crime levels and their organization are poor, but also gives examples (mainly financial crime) where private sector data quality is good enough to demonstrate effectiveness.
Ukraine lacks the law on organized crime prevention. Other countries have law/acts on prevention of organized crime. For example, The Law On organized crime prevention of the Republic of Lithuania 14 . Article 1 of the law mentioned above states that the law prescribes the application of preventive measures in respect of a person who by his actions may restrict the rights and freedoms of other persons, creates conditions for the emergence and development of social and economic preconditions of organized crime, and poses a threat to public security. Georgia has a similar law under name "On Organized crime and Racketeering" 15 . A well-known law on combating organized crime is Racketeer Influenced and Corrupt Organizations Act (hereinafter refer to as, "the RICO") of 1970 in USA. The RICO is the part of the Organized crime control Act of USA 16 .
The Law of Ukraine "On Operational and Search Activity" (On operative investigative activity) 17 is the main legal act, which aim is to detect criminal offences at early stages of commission or even to prevent it from occur. Covert investigative actions' usage in investigation are granted by international treaties, which Ukraine signed and ratified and they are in force, case-law of European Court on Human Rights (for example, Klass v. Germany 1978).

Article 2 (i) The United Nations Convention Against Transnational Organized Crime declared that Controlled delivery' shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence.
Article 20 (1) If permitted by the basic principles of its domestic legal system, each State Party shall, within its possibilities and under the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled delivery and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent authorities in its territory for the purpose of effectively combating organized crime.
Article 20 (4) Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods to continue intact or be removed or replaced in whole or in part 18 .

Conclusions
The Law of Ukraine "On Operational and Search Activity" (also under another name "On operative investigative activity") can be partly considered as preventive law.
Proactive investigative methods have become increasingly important. This shift caused by the rise of organized crime and increasing concerns about terrorism, cybercrime. Other particular laws can play a preventive role, mostly targeting the most profitable sources of illegal incomes for organized crime if they are used in a proper way and supported by the state through a transparent financing. For example, The Law of Ukraine "On Thwarting Human Trafficking".
So, legal framework of Ukraine contains enough covert investigative actions for combating organized crime.
Ukraine signed and ratified the main international agreements (The Conventions and their additional protocols) directly or indirectly targeting organized crime and their entering into force in Ukraine.
Ukraine lacks the law on organized crime prevention.