🦈Proof of the elements of the crime is an integral part of the criminal process. Its essence includes, inter alia, proof of the acquisition of various benefits from the commission of a crime: primarily traditional material proceeds, property rights, and other welfare facilities. Also, the benefits of committing a crime may include intangible objects: the acquisition of power, intellectual property, sensual and physical pleasures.
In terms of modern criminal law, there is also such a concept as a consolidation of criminal cases if there is reason to believe that they were committed by the same organized group of persons. The subjects of criminal law are individuals. It is they who ultimately commit the crime: specific people. However, what distinguishes organized crime is that an organized group is created to plan, organize, commit crime and generate income from it, with its hierarchy, rules, internal distribution of roles, and other attributes of a sustainable organizational model. In this sense, the fact that criminals create a legal entity and use legal entities to conduct criminal activities are in themselves circumstances proving the existence of a qualifying feature - the commission of a crime by an organized group. Any organization has management bodies, organizational structure, hierarchy, business processes, approval and decision-making matrices.
The implementation of serial crimes, in the episodes of which a legal entity acts as a party (for example, the case of Tinkoff Bank, or Moscow Credit Bank), automatically reclassifies the crime to a more serious one, since the employees of such an organization are not independent in their actions and decisions, but act within the framework of norms, strategies, policies and procedures that are adopted, approved, developed by all levels of management in the organization, from the beneficiaries, meeting of shareholders, and then to the direct department where the employee works, who directly committed the crime in accordance with the most innocent and favorable formal instructions given him and directed him on how to commit the crime to the benefits of shareholders who derive an income from it in form of dividends or unaccounted cash.
Shareholders of such companies are well aware of how their profits are formed. Therefore, the difference between a legal entity conducting criminal business and an organized gang of criminals is just the form in which the actions of criminals are clothed, but not the essence. Conducting criminal business with the help of legal entities and organizations significantly facilitates the burden of proving the existence of a criminal organization, since the criteria for connectivity and management rights are comprehensively enshrined in the norms of Russian and international law. This legislation defines the legal status of legal entities, the role and place of management bodies of organizations, labor legislation, accounting legislation, rules of law regarding the preparation of consolidated financial statements, rules of tax law regarding the recognition of a group of taxpayers, and, of course, legislation on exchanges and securities defining the norms of affiliation, related parties, interested party transactions, and others. In the view of the inhabitants, organized crime is an armed gang. In the modern world, organized crime has evolved into other forms, closing its same disgusting content, essentially remaining a criminal gang of serial criminals, with the help of a beautiful facade - ratings in which places are sold and bought, PR services, formal compliance with many meaningless fictitious norms of corporate governance, antimonopoly legislation, which are easily accessible.
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