Organized crime is an extremely dangerous phenomenon, which unfortunately in our country does not have an adequate resistance from the State. Furthermore, it continues to strengthen its positions in the role of an “alternative” society, i.e. of the phenomenon crushing and substituting the official power, legal economy and civil society. In addition, nowadays another alarming trend for the internationalization of organized criminal structures, consolidation and co-ordination of their activity, creation of their foreign “offices” by some criminal associations, etc. is becoming stronger and stronger.
During the last 10 years the problem of counteraction to the organized crime has been widely discussed on the highest level. The II Congress of national deputies of the USSR (1989), the VII Congress of national deputies of Russia (1992) devoted special conferences to this subject in their time. This problem was the headline in President’s message to the Federal Assembly (1994). B.N. Yeltsin in his speech in the Federal Assembly (Feb., 1995) stated that “we hadn’t make a lot in struggling with crime”, “big criminal associations, so-called criminal world authorities, feeling their impunity are becoming more impudent.”
Alas, at the end of the year, when those words were said, the President declined the bills about struggling with organized crime passed by the State DMA and approved by the Council of Federation. In the new President’s Massage (1998) there is no place for this problem. It is strange enough because this problem was mentioned in the Concept of National Security approved by the President. It must be said that this document states another goal, namely, struggling with the corruption. A draft of an anti-corruption program has been published. In April, 1998 the President of RF (Russian Federation) moved his draft law “About combating against corruption”.
Serious researches of the organised crime (hereafter called as OC) were made in RI MHA (Research Institute of the Ministry for Home Affairs) of the USSR in 80s. The problem of OC has become the headline in annual theoretical seminars and conferences since 1988, which are held on the basis of the Research Institute devoted to the problems of strengthening the legality and law and order with participation of practical specialists. On the results of these researches some big works and practical recomendations were published. there are some monographs among them: “Organised Crime”. M., 1989; “Organised Crime - 2,3”. M., 1993, 1996 (“OC – 4” is in the process to be published); “Basis of Struggling with Organised Crime”. M., 1996.
Plans of subject matter concerning this problem were also published. They are: The Problems of Struggling with OC. M., 1990; The Questions of Organized Crime and of Struggling with It. M., 1993; etc.
There are special educational textbooks including “Criminological Characteristic and Prevention of Crimes Committed by Organized Groups”., M., 1992 (Gurov A.I., Zhicharev E.S., Jakovlev E.I.); “The Struggle with Organized Crime”., K., 1993 (Erekhin A.A., Korotkevich A.A.); “Organized Crime and Struggle with It.”, Vladivostok, 1995 (Korchagin A.G., Nomokonov V.A., Shulga V.I.). In 1997 the first bibliographical guide concerning this problem was published (Kulikov V.I., “Organized Criminal Activity.”, Ulyanovsk, 1997).
The books by V.I. Kulikov “Basis of Crime Detection Theory of Organised Criminal Activity” (Ulyanovsk, 1994) and by V.I. Batistchev “Constant Criminal Group” Voronesh, 1994) are devoted to crime detention aspects of organized criminal activity.
This theme is also discussed in other monographs and articles (for example, “Professional Criminality”. M., 1990 (written by Gurov A.I.); “Criminality: Illusions and Reality”. M., 1992 (Karpets I.I.) etc.
In 1994 the first doctor’s thesis (V.S. Ovchinsky) devoted to criminological, criminal law and organizational problems of struggling with OC was defended. The Master’s thesis by G.F. Maslov “Peculiarities of OC and Counteraction to It in the Far East” (Khabarovsk, 1997) is devoted to the regional aspects of this problem.
We can’t find enough special material about the problems of struggling with organized crime. The material is not in system. The monograph “Basis of Struggle with Organized crime” (M., 1996) is the only one, because he material given in it is in full complex and perfectly arranged. All the range of questions concerning this problem is broached in this monograph, including legal, criminological, international law and detection aspects. Many changes are happening now in the life of criminal world and they must be analyzed. To fill in the gaps in the students knowledge, special courses like “Problems of Struggling with OC”, “International Criminal Law “ etc. are held at the Law Institute of FESU. The present educational aid is devoted first of all to examination of peculiarities of OC in the Far East of Russia and in the countries of South East Asia adjoining to it.
Co-operation of scientists from different countries gives a great impulse in researching the problems concerning struggling with OC, corruption and money laundering. Within the scope of this co-operation the network of researching centers is being founded in the Russia and Ukraine. In summer 1997 one of such centers was formed in Vladivostok on the basis of the Law Institute under the agreement with the American University (Washington) on the grant of the Department of Justice of USA (№ 97 - AB - CX - 0001).
Choosing Vladivostok for such center was not occasional. The point is that the Far East of Russia especially its south part is very attractive for criminals because of advantages location in the Pacific Region. Being the big raw and transport center, situated near the boarder, the Far East is objectively becoming one of the world centers of transnational criminal activity. Moreover, domestic organized criminality is also a rather serious threat to national security of Russia.
This educational textbook is the first big result of the activity of Vladivostok center for the study of OC.
The present first issue (this title is intended to be given to further issues which are going to be published) includes 3 chapters and appendix.
The main part of the new Japanese law (1991) “About Interruption of Illegal Actions of Violent Groups Members” (translated by V.V. Kurlapov) is published for the first time in Russian press. We also would like to attract reader’s attention to the draft law “About Struggling with Organized Crime” prepared by I.J. Gontar 3 years ago. The conceptual similarity with the new Japanese law lies in the grounds of the draft. The reader has an opportunity to compare the texts and to form his own position about the expediency and possibility of choosing such legislative version.
The wide bibliography of contemporary Russian literature about the problems of OC, struggling with the corruption and money laundering is published, too.
This book was written by teachers and postgraduate students of FESU (Far East State University) Law Institute, chief research officer of Far Eastern department NII MVD RF (V.I. Shulga), the Professor of Far East Law Institute of MVD RF (G.F. Maslov), vice-president of the company “Roliz” (A.M. Bujakov). Also, in writing of chapter II A.M. Bujakov, N.K. Bikanov (the former chief of the Department for combating against the OC of the MVD for Primorsky Krai) and professor V.A. Nomokonov took part.
§ 3.4 of chapter III was written by I Kae-Bae, senior prosecutor, the chief of the Department of struggling with organized crime and drugs of the county office of Public Prosecution in Seoul, Korea and Park Chong-Sun, the prosecutor of Pusan (translated by A.M. Ivanov).
One of the paragraphs (1.4) of the first chapter is prepared by the student of International Law Faculty of the Law Institute of FESU V. Maslovsky. It was based on his work “Legal Methods of Struggling with the Corruption” (1998) which took the first place in competition of “Eurasia” Fund. V. Chernyshova, the student of the Law Institute of FESU, took part in writing the § 2.4 of Chapter II.
Having the chance, we would like to express our sincere gratitude to the American side and, especially, to Professor L. Shelly, for financial and creative support of this project.
(Abstracts. Full edition first published by Far East State University of Russia, 1998.)