of December 23, 2005 No. 13
About practice of consideration by courts of criminal cases about the crimes committed by steady criminal associations
For the purpose of identical and correct application of the legislation by courts by consideration of criminal cases about the crimes committed by steady criminal associations, the Plenum of the Supreme Court of Ukraine DECIDES:
1. Draw the attention of courts to what by consideration of criminal cases about the crimes committed by steady criminal associations needs to be considered: regulations of the Criminal code of Ukraine (further - UK) in which features of criminal liability of persons who committed crimes in partnership are determined (Article 26-31); the essential elements of offense specifying its making by organized group (the p. 3 of the Art. 28) or the criminal organization (the p. 4 of the Art. 28); provisions of Articles of the Special part of UK which provide additional signs of special types of such groups or the organizations (Article 257, of 258, of 260). Courts shall research proofs not only rather specific crimes, and and concerning those signs which are specified their making by organized group or the criminal organization, - concerning type of consolidation, the purpose of its creation and the plan of criminal activities, duration of existence, material resources, quantitative structure, recruitment of new members, structure and hierarchy of consolidation, availability at it corruption bonds, existence of certain rules of conduct of his members, distribution of functions between them and so forth. It is necessary to provide data on when and during what time the organized group or the criminal organization as long it functioned was formed, the information about organizers of consolidation and nature of the relations which developed between them and members of the last in motivation part of sentence.
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