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DOI: https://doi.org/10.34069/AI/2024.76.04.22

How to Cite:

Luhovyi, V., Drozd, V., Hahach, V., Chaplynskyi, K., &Yefimov, M. (2024). The debate on the interaction of authorized units in

the investigation of transnational crimes: a critical review. Amazonia Investiga, 13(76), 274-285.

https://doi.org/10.34069/AI/2024.76.04.22

The debate on the interaction of authorized units in the investigation of

transnational crimes: a critical review

Наукова полеміка стосовно взаємодії уповноважених підрозділів під час розслідування

транснаціональних злочинів: критичний огляд

Received: March 1, 2024 Accepted: April 28, 2024

Written by:

Luhovyi Viktor1

https://orcid.org/0009-0007-7276-2994

Drozd Vitalii2

https://orcid.org/0009-0008-9941-9624

Hahach Vitalii3

https://orcid.org/0009-0000-7933-0712

Chaplynskyi Kostiantyn4

https://orcid.org/0000-0002-9922-3743

Yefimov Mykola5

https://orcid.org/0000-0003-3964-798X

Abstract

The article is devoted to the study of the essence

of interaction between authorized entities in the

investigation of criminal offenses committed by

transnational organized criminal groups. The

authors focus on the fact that this type of

cooperation has always caused scientific

discussions and practical differences. The

methodological basis for the research is a set of

general and specific methods and techniques of

scientific knowledge: dialectical, monographic,

logical and semantic, structural and functional,

grouping, formal and legal documentary analysis,

system and structural, modelling. It is stated that

all scholars defined interaction in view of the

existing system of law enforcement agencies and

their inherent functions. At the same time, the

subject of interaction is always specific, and full

interaction occurs when the subject with

managerial authority treats the hierarchically

subordinate entity as a complete entity without

Анотація

Стаття присвячена дослідженню сутності

взаємодії уповноважених суб’єктів при

розслідуванні кримінальних правопорушень,

вчинених транснаціональними організованими

злочинними групами. Автори акцентують

увагу на тому, що цей вид співпраці завжди

викликав наукові дискусії та практичні

розбіжності. Методологічною основою

дослідження є сукупність загальних і

специфічних методів і прийомів наукового

пізнання: діалектичного, монографічного,

логіко-семантичного, структурно-

функціонального, групування, формально-

правового, документального аналізу,

системно-структурного, моделювання.

Встановлено, що всі вчені визначали

взаємодію з огляду на існуючу систему

правоохоронних органів та притаманні їм

функції. При цьому суб'єкт взаємодії завжди

специфічний, а повноцінна взаємодія можлива

Candidate of Legal Sciences, Doctoral Student of the National Academy of Internal Affairs (Kyiv, Ukraine).

Candidate of Legal Sciences, Doctoral Student of the Scientific Institute of Public Law (Kyiv, Ukraine).

Doctor of Legal Sciences, Professor, Head of the Department of Criminalistics and Pre-medical Training of the Dnipropetrovsk State

University of Internal Affairs (Dnipro, Ukraine).

Doctor of Legal Sciences, Professor, Head of the Department of Criminalistics and Pre-medical Training of the Dnipropetrovsk State

University of Internal Affairs (Dnipro, Ukraine).

Luhovyi, V., Drozd, V., Hahach, V., Chaplynskyi, K., Yefimov, M. / Volume 13 - Issue 76: 274-285 / April, 2024

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ignoring its subjective features in the process of

their common activity. The importance of

cooperation between international law

enforcement and police organizations, for

coordinating efforts to combat crimes of a

transnational nature was highlighted. The authors’

concept of law enforcement cooperation during

the investigation of crimes committed by

transnational organized criminal groups is

presented.

Keywords: transnational organized criminal

group, criminal offenses, interaction, law

enforcement agencies, investigation, investigative

(search) actions, planning.

лише тоді, коли суб'єкт, що володіє

управлінськими повноваженнями, ставиться

до ієрархічно підлеглого суб'єкта як до

цілісного, не ігноруючи його суб'єктивних

особливостей у процесі спільної діяльності.

Було підкреслено важливість співпраці між

міжнародними правоохоронними та

поліцейськими організаціями для координації

зусиль у боротьбі зі злочинністю

транснаціонального характеру. Представлено

авторську концепцію взаємодії

правоохоронних органів під час розслідування

злочинів, вчинених транснаціональними

організованими злочинними групами.

Ключові слова: транснаціональне

організоване злочинне угруповання,

кримінальні правопорушення, взаємодія,

правоохоронні органи, розслідування, слідчі

(розшукові) дії, планування.

Introduction

Investigating crimes committed by transnational

organized groups is a very complex process in

many aspects. In particular, this activity is multi-

stage in the procedural sense, diverse in the

technical, methodical and tactical aspects.

Accordingly, there is often a need to combine the

efforts of several officials, divisions, bodies, and

departments to achieve a common goal –

ensuring quick, objective, comprehensive,

effective and impartial investigation of such

crimes. In addition, the necessity is determined

by the complexity of the mechanism of such

offenses.

The main task of the interaction of authorized

subdivisions when investigating crimes

committed by transnational organized groups is

to prosecute those offenses, bring the

perpetrators to justice, compensate for the

damage caused by such offenses, and restore the

violated rights and interests of citizens and legal

entities.

The interaction between various law enforcement

agencies has always caused scientific discussions

and practical differences in connection with

different understandings of the need to use the

specified category. In fact, if for some entities

cooperation is sufficiently relevant in their

activity, then for others it is sometimes an

unnecessary burden. At the same time, it should

be noted that the commission of criminal

offenses by transnational organized criminal

groups cannot be effectively investigated without

the participation of various units both in Ukraine

and abroad. In view of the above, there was an

urgent need to investigate the above issues.

At the same time, it is worth noting that

interaction is one of the main prerequisites for

ensuring any activity, and especially for the

realization of criminal proceedings of each

category, as it is logically constructed and aimed

at achieving common objectives that will most

effectively implement relevant procedural

actions into reality, as well as ensure the optimal

result of the investigation.

Besides, the commission of criminal offenses by

transnational organized criminal groups cannot

be effectively investigated without the

participation of various units both in Ukraine and

abroad. This is explained by the fact that certain

illegal acts are committed in different states near,

as well as far abroad. In the context of the above,

in our opinion, there is also a need to involve

interstate law enforcement organizations

(Interpol, Europol) in cooperation.

Consequently, the purpose of this article is to

determine the essence of the interaction of

authorized units during the investigation of

crimes committed by transnational organized

criminal groups.

To achieve this goal, we considered the

approaches to the concept of interaction between

authorized agencies in the investigation of

offences in general and organized crime in

particular provided by foreign and domestic

scholars. We also examined how this issue is

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regulated in relevant Ukrainian legal

instruments. Besides, we allocated the forms,

principles and levels of cooperation of law

enforcement agencies in the field of combating

organized crime. The importance of cooperation

between international law enforcement and

police organizations, for example, Interpol and

Europol, for coordinating efforts to combat

crimes of a transnational nature was highlighted.

As a result, we presented our own concept of law

enforcement cooperation during the investigation

of crimes committed by transnational organized

criminal groups.

Methodology

The methodological basis for the research is a set

of general and specific methods and techniques

of scientific knowledge. In particular, dialectical

method was used to examine the essence of

interaction in general.

Monographic method was applied for the study

of the works by the domestic and foreign

scholars, who investigated the issue under

consideration.

The application of logical and semantic method

helped to examine the following forms of

interaction: between the investigative and

operational units; between pre-trial investigation

bodies and operational units.

The structural and functional method made it

possible to find out the main types of interaction

in the practice of preventing criminal offenses by

relevant law enforcement agencies.

With the help of grouping method, the features of

modern organized crime were revealed.

The formal and legal documentary analysis

method was helpful in highlighting the

importance of international law enforcement and

police organizations for coordinating efforts to

combat crimes of a transnational nature as well

as in approving the fact that the interaction of the

National Police of Ukraine with international

organizations takes place at the global and

regional levels.

Application of the system and structural method

was useful for schematic construction of the

channel of passing information or carrying out

interaction between the law enforcement body of

Ukraine and the relevant agency of the other

State.

The modeling method allowed to develop the

author’s definition of the concept of law

enforcement cooperation during the investigation

of crimes committed by transnational organized

criminal groups.

Literature Review

Many scientific works are devoted to various

aspects of cooperation in the fight against crimes

committed by transnational organized groups. In

particular, the research “The theory and practice

of combating transnational organized crime in

Ukraine” by Zharovska (2019, p. 23) deserves

special attention. The author states that

international cooperation as a necessary element

of systemic control over transnational organized

crime can be implemented both informally

(exchange of information, technical assistance)

and officially in the forms facilitating the

extradition of criminals and mutual legal

assistance at various stages of the investigation.

Complex use of informal methods of interaction

combined with official ones is important for

overcoming difficulties and misunderstandings,

as well as preventing delays in the process of

controlling transnational organized crime.

In the view of Zavydniak (2021) cooperation in

the investigation of transnational crimes, as well

as cooperation in the investigation of general

criminal crimes committed on the territory of

Ukraine, from the point of view of Ukrainian

legal doctrine, is carried out in the form of

information exchange, namely, by sending

requests for legal assistance, extradition, for

taking over criminal proceedings, the creation of

joint investigative teams or the presence of

representatives of competent bodies of foreign

States during procedural actions and by sending

a request for the temporary transfer of a person.

According to Chornyi et al. (2021) joint

counteraction against international crime by all

law enforcement agencies of different countries

brings common results in eradicating this

phenomenon in the world and reducing the

number of crimes in a single state. This is one of

the most relevant areas of international

cooperation worldwide.

Kolomiiets and Yushchenko (2024) turned to the

criminal procedural legislation of Germany,

Spain, the UK and France to study the main

aspects of the pre-trial investigation and inquiry

in these countries. The authors established, how

criminal proceedings are initiated, as well as the

way prosecutors and police officers cooperate.

They also found out that the success of the pre-

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trial investigation in foreign countries is

facilitated by a clear organizational structure of

criminal justice bodies in a complex with a well-

established interaction of prosecutors with

judicial investigators, the court and the police.

According to Kevin Carty – Senior Police

Advisor to the OSCE Secretary General, if the

fight against organized crime is to be successful,

then it is essential that the different elements of

the criminal justice system work cohesively

together. Lack of co-ordination militates against

the overall effectiveness of the system and only

serves the interest of the criminal. It is also

important to remember that the investigation of

organized crime requires a multi-agency

approach with the support of civil society

(OSCE, 2007).

Professor of Criminal Law of the University of

Queensland Andreas Schloenhardt, Professor of

Criminal Law, University of Queensland stresses

on the importance of comprehensive, efficient,

effective, multi-agency and flexible international

cooperation to ensure the appropriate

investigation and prosecution of transnational

organized crime. Such interaction is grounded on

the treaties between States) to cooperate for

achieving a common goal. It takes place when

countries share data or evidence, interact to bring

perpetrators to justice and join assets and human

resources, including officials of law enforcement

agencies to fight transnational organized crime

(UNODC, 2021).

Shelly (2018) states that involvement of various

international organizations significantly

strengthens the fight against transnational

organized crime, as these entities play a pivotal

role in facilitating cooperation among nations,

developing legal frameworks, and providing

resources and expertise in the battle against these

global crimes.

Having conducted the relevant research, Dulskyi

et al. (2023) come to the conclusion that direct

interaction between the competent bodies of the

States contributes to increasing the efficiency of

cooperation in the investigation of organized

crime, as well as simplifies the solution of a

number of organizational issues.

In the view by Zakir et al. (2024), a multifaceted

approach involving enhancing international legal

frameworks, improving cooperation among

nations, and adopting innovative strategies is

required for addressing transnational organized

crime. This method includes: strengthening

international legal instruments, harmonizing

national laws, enhanced international

cooperation, capacity building and resource

sharing, utilizing technology for law

enforcement, public-private partnerships,

strengthening judicial cooperation, protecting

human rights, targeting crime proceeds, global

governance and policy coordination.

The study of the problem under consideration is

also impossible without the study and analysis of

the provisions of international treaties and rules

of procedural legislation.

The importance of international cooperation

during the investigation of transnational

organized crime is emphasized in the UN

Convention against Transnational Organized

Crime (UN General Assembly, 2000). In

particular, the Convention defines the concept of

mutual legal assistance as the provision of the

widest possible assistance by States Parties upon

request in the investigation, prosecution and trial

of crimes defined by the Convention, which is

carried out on a mutual basis, provided there are

reasonable grounds to suspect that such crime is

transnational in nature and, including, the

victims, witnesses, proceeds, means of

committing crimes or evidence related to the

commission of such crimes are located in the

requested State Party, and that an organized

criminal group is involved in the commission of

this crime

The rules of the Criminal Procedure Code of

Ukraine (Law of Ukraine No. 4651-VI, 2012)

enshrines the following areas of international

cooperation in the prosecution of transnational

crimes: service of documents, execution of

separate procedural actions, extradition of

perpetrators, temporary transfer of persons,

takeover of criminal proceedings, transfer of

convicted and execution of sentences.

Consequently, a number of scientific works are

devoted to various aspects of cooperation in the

fight against transnational crime. However, to

date there are no unified approaches regarding

the essence of the concept of interaction,

classification and content of its forms and

methods.

In addition, the adoption of the new Criminal

Procedure Code of Ukraine and the subsequent

amending of related legal acts require revision

and improvement of previously formulated

proposals and recommendations on this issue.

Many scientists in their definitions note such

signs of interaction as legal grounds, coherence

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and the purpose (task) of this activity. At the

same time, some authors try to expand the range

of mandatory signs of this concept. The third

attempted to reflect various aspects of the

interaction: its external expression (joint

activity); method of activity (organizational and

tactical approach); individual features of activity

(mutual trust, etc.). In general, all this testifies to

the multifaceted nature of this problem.

However, in our opinion, it is possible and

expedient to provide one common definition of

the concept of interaction during the

investigation of crimes committed by

transnational organized criminal groups, what we

tried to do as a result of the conducted research.

Results and Discussion

Turning to the term of interaction, its following

basic elements can be allocated: its foundation on

law, cooperation between the independent

bodies, coherence and purposefulness of

activities, combination of means and methods for

the purpose of preventing and solving crimes,

bringing those guilty to criminal liability, search

for the accused, provision of compensation for

damage caused by offenses.

In criminal procedural science, interaction is

considered as a legal institution. In the theory of

operational and investigative activity, issues of

interaction are investigated in relation to certain

actors – operational units. In turn, forensic

interpretation of interaction is closely related to

the criminal procedural one. At the same time,

the analysis of relevant scientific literature

allows to ascertain the presence of different

points of view on this issue, which can be

grouped into three general approaches – broad,

narrow and combined.

In a broad sense, the interaction of the

investigator with the investigative and other

agencies in the detection and prosecution of

crimes can be defined as the unification of the

efforts of the investigator with other law

enforcement agencies for coordinated actions to

achieve the common goal of detection and

investigation of the crime, which is carried out in

the forms provided for by law, departmental

regulations or produced by practice (Stepaniuk &

Zaiats, 2014).

In the narrow understanding, the investigator

always acts as one of its actors, and the

interaction itself is considered as a form of

organization of the investigation. The interaction

of the investigator with other participants in this

process is an activity coordinated by goals and

tasks, forces, means, place and time in

establishing the truth in criminal proceedings.

The status of the investigator determines his main

role, personal responsibility for the decisions

made, and the results of the prosecution as a

whole. All the activities of other participants in

the investigation are subordinated to the tasks set

before them by the investigator, and are

coordinated by him (Shevchuk, 2017).

The narrow interpretation of interaction as a

coordinated joint activity of the investigator with

other bodies and actors is the most acceptable,

therefore, it is most often presented in the

procedural literature.

Following the essence of the concept, it can be

argued that structurally interaction involves:

a) coherence (coordination) of activity;

b) joint activity;

c) purpose of activity;

d) certain content of activity;

e) presence of at least two actors.

According to the third approach (combined),

which lies in the effort to understand the

interaction in different ways, there is an attempt

to reflect various aspects of the interaction: its

external expression (joint activity); method of

activity (organizational and tactical approach);

individual features of activity (mutual trust, etc.)

(Saltevskyi, 2005). It seems that such an

approach has a purely epistemological

significance for clarifying the essence of the

interaction and requires additional understanding

regarding the possibility of introducing practical

recommendations.

Priakhin (2022, p. 85) defined the essence of

interaction as one of the important conditions for

achieving success in the investigation of crimes

by the bodies involved in this activity. When

combating crime, law enforcement agencies

form a unified system and perform their

functions in accordance with the Constitution of

Ukraine and other laws. At the same time, the law

enforcement system is characterized by the fact

that it includes management structures of various

departmental subordination. The common goal,

tasks, principles and nature of activity connect

them into a coherent scheme. This also applies to

the agencies and officials who exercise their

powers during pre-trial investigation; the

problem of their interaction is currently relevant,

as it is directly related to strengthening the

effectiveness of the fight against crime.

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Dusheiko (2001, p. 12) provided the following

formulation of interaction: it is correct (or

rational) combination and effective use of

powers, methods and forms of investigative and

operative units’ activities.

Another group of authors (Ablamskyi et al.,

2017, p. 19) consider interaction as an

organizational form of activity of two or more

persons, which is jointly agreed and regulated by

laws and other departmental regulatory acts and

aimed at achieving the objectives of specific

criminal proceedings.

The approval of the Criminal Procedure Code of

Ukraine in 2012 somewhat transformed the

essence of the pre-trial investigation of crimes.

The new legal act has significantly expanded the

powers of the criminal procedure actors;

therefore, the correct combination and effective

use of their authority is rather an intermediate

goal of interaction, a condition for effectiveness,

than its essence. Defining any activity only

through its intermediate result is insufficiently

substantiated. In such definitions, the mechanism

of interaction remains undisclosed, since it is not

clear how, due to what, the correct combination

and effective application of different actors’

methods and modalities is achieved. As we can

see, the issue of interaction has remained out of

the attention of legislators.

In turn, Topchii (2012, p. 146) defined

interaction of the investigative and operational

units as law-based joint coordinated (in terms of

purpose, nature, place and time) activities aimed

at solving the tasks of criminal justice under the

guidance and the organizational role of the

investigator and clear demarcation of

competence.

Yefimov & Chaplinskyi (2023, p. 633) quite

accurately formulated the definition of the

interaction of pre-trial investigation bodies and

operational units as the activities of independent

individual subdivisions based on regulatory and

legal acts, as well as coordinated in terms of

purpose and conditions, which is reflected in the

most effective combination of their own methods

and means aimed at preventing and investigating

illegal acts under the management of the

authorized person.

In view of the above, we consider the opinion by

Yukhno (2009, p. 35), who highlighted the

significant role of the interaction of operational

units in preventing illegal actions by law

enforcement agencies, to be relevant. The author

defined it as the joint activity of operative units

(within their competence) aimed at effective

crime prevention, based on the law and by-laws,

agreed upon in terms of goals, place and time.

Besides, the scientist established the main types

of interaction in the practice of preventing

criminal offenses by relevant units. That is, the

researcher formed in sufficient detail the essence

of the interaction of units that existed at that time.

In our opinion, rational is the thesis by Maliuha

(2016, p. 9), who noted that the interaction of the

investigator with operative units and other

criminal proceedings actors should be considered

as joint functioning of external (legal,

organizational, professional) not subordinate

subjects of interaction with their inherent

communicative – activity or/and specific –

professional competence, specialization

coordinated by the investigator (prosecutor –

procedural manager) in time, place, forms, as

well as means and methods of implementation

for solving specific tasks determined by the

nature of the investigative situation, with the aim

of ensuring quick, comprehensive and impartial

investigation of crimes and their prevention,

which is directed and enshrined in the law,

departmental regulations or recommended by

forensic science.

For his part, Danyliak (2018, p. 16) formulated

the concept of interaction during the

investigation of economic crimes committed by

organized groups as a complex of mutual

relations of the investigator with other actors, the

range of which depends on the specific situation

and tactical tasks arising during the detection,

termination, proving crimes of this type, bringing

those guilty to criminal liability, as well as

preventing the commission of these offenses. The

author also substantiated that the interaction

during the investigation of economic crimes

committed by organized groups should be

considered at general and special levels.

In other words, all the above-mentioned

scientists provided a definition of interaction in

view of the existing system of law enforcement

agencies and their inherent functions.

At the same time, the Instructions on the

organization of cooperation of pre-trial

investigation bodies with other bodies and units

of the National Police of Ukraine in the

prevention of criminal offenses, their detection

and investigation (Order No. 575, 2017)

enshrines that interaction between criminal

police units and pre-trial investigation bodies is

carried out in the case of: receiving statements

and notifications about criminal offenses and

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responding to them; submitting the materials

based on the results of operational and

investigative activities to the pre-trial

investigation body by the operational unit;

creation of investigative and operative groups for

pretrial investigation of criminal offenses;

receiving the instructions from investigators on

the conduct of investigative (search) actions and

covert investigative (search) actions by the

employees of the operational unit of the body, the

police unit; carrying out separate investigative

(search) actions and implementing measures to

ensure criminal proceedings; ceasing the pre-trial

investigation at the stage of judicial review of

criminal proceedings.

The main principles of such interaction are:

1) prompt, complete and impartial

investigation of criminal offenses;

2) the independence of the investigator in

procedural activities, interference in which

by persons without legal authority are

prohibited

3) optimal use of the available resources of pre-

trial investigation bodies and operational

units of the National Police of Ukraine in

preventing, detecting and investigating

criminal offenses;

4) compliance with the general principles of

criminal proceedings;

5) ensuring non-disclosure of pre-trial

investigation data.

In accordance with Clause 2 of the Instruction on

the cooperation of law enforcement agencies in

the field of combating organized crime (Order

No. 317/235, 2011), the purpose of the

cooperation of the relevant law enforcement

agencies is to strengthen countermeasures

against organized criminal groups, including

those of an interregional and transnational nature,

created on an ethnic basis with corrupt

connections, as well as prevention, detection and

investigation of crimes committed by organized

criminal groups and criminal organizations.

This interaction is carried out:

at the central level – between the Main

Directorate for Combating Organized Crime of

the Ministry of Internal Affairs of Ukraine and

the Main Directorate for Combating Corruption

and organized crime of the Security Service of

Ukraine;

at the regional level – between the departments

for combating organized crime of the main

departments, departments of the Ministry of

Internal Affairs of Ukraine in the regions, cities

of Kyiv and Sevastopol and the main

departments for combating corruption and

organized crime of the bodies of the Security

Service of Ukraine in the regions, cities of Kyiv

and Sevastopol.

Two main directions of interaction of law

enforcement agencies in the field of combating

organized crime are allocated:

strategic – organizing the implementation of state

policy in the field of combating organized crime,

eliminating the causes and conditions of its

existence, improving the legal framework for

combating it.

Tactical – detection, documentation and

termination of the activities of organized

criminal groups, criminal organizations,

prevention, disclosure and investigation of

crimes committed by them, search and arrest of

members of organized criminal groups,

compensation for losses to the state, individuals

and legal entities.

The cooperation between the authorized agencies

can be implemented in the following forms:

− conducting joint analysis of the state,

structure of organized crime, causes and

conditions contributing to the activity of

organized groups, forecasting trends in the

spread of organized crime;

− exchange of operational information of

interest for fighting organized crime;

− developing and implementing joint

programs and plans in the fight against

organized crime;

− creating working groups for the preparation

of draft laws and proposals for amending the

legislation;

− implementation of agreed operational

search, preventive and other measures;

− preparing and conducting joint boards,

meetings, seminars on improving

cooperation;

− developing educational programs and

holding trainings within the professional

training system;

− improving international cooperation in the

fight against organized crime;

− informing public about the results of the

activities in the field of combating organized

crime.

In is worth noting that transnational organized

crime under modern circumstances quickly

adapts to new conditions and constantly

improves the means and methods of criminal

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activity; therefore, effective counteraction to

transnational organized crime requires relevant

State policy and constant improvement of

theoretical knowledge and practical skills by law

enforcement officers. Therefore, clear and

organized interaction of law enforcement

agencies of both a specific State and interstate

structures plays a significant role in the

efficiency of the investigation of illegal acts by

the category under investigation (Bekh, 2020,

p. 203).

Let us stress on the fact that full interaction is

when the subject with managerial authority treats

the hierarchically subordinate entity as a

complete entity without ignoring its subjective

features in the process of their common activity.

At the same time, the subject of interaction is

always specific. Its experience, both positive and

negative, recorded in the system of knowledge,

skills, abilities, value orientations, motives,

attitudes, stereotypes, is actively used in

everyday activities.

Consequently, actor of interaction is

characterized by subjective features acquired in

the process of its formation and development:

activity, awareness of oneself as a subject in

relation to other subjects, uniqueness, will to act,

involving free choice of specific goals. In

addition, collective subject interaction is

characterized by an internal structural

construction, the distribution of functions

between its components and their

interdependence, which is not reduced to the

arithmetic sum of elements, as well as collective

consciousness and self-awareness, determining

the presence of group reactions and the collective

will to act (Sakovskyi & Zhyzhyn, 2019, p. 51).

Pitsik (2022, p. 676), having studied and

analyzed the works by numerous scholars on the

issues presented above, correctly testified that the

following aspects within the conducted research

remain unexplored to date: organization of the

work of the Department of Strategic

Investigations units regarding operational and

investigative countermeasures against the

activities of criminal communities and

individuals under the status of aggravated

criminal influence; tactics of operational and

investigative countermeasures against such

activities; its documenting; conceptual

provisions of operative and investigative support

for criminal proceedings regarding the activities

of criminal communities and persons under the

status of aggravated criminal influence; forming

strategic decisions aimed at ensuring operative

and investigative countermeasures against the

named activities; interaction of law enforcement

agencies of Ukraine regarding operative and

investigative countermeasures against such

operations; international cooperation on

neutralizing the influence of the "thief"

community (using foreign experience).

That is, the author, among other things,

established international cooperation and

collaboration of law enforcement agencies of

Ukraine in relation to operational and

investigative countermeasures against the

activities of criminal communities.

Filashkin (2011, p. 240) also highlighted the

importance of cooperation between international

law enforcement and police organizations, for

example, Interpol and Europol, for coordinating

efforts to combat crimes of a transnational

nature. The author emphasized that the

international organization of the criminal police

in Ukraine represents the National Central

Bureau of the Interpol – Ukrbureau Interpol,

which is the center of coordination of the

interaction of law enforcement agencies of the

country with the competent authorities of foreign

States in the fight against crime, is of

transnational nature or goes beyond the borders

of the country. In addition, the researcher noted

that the unit directly responsible for the

organization of the performance of the functions

of the Ministry of Internal Affairs of Ukraine as

the National Central Bureau of Interpol is the

working apparatus of the Ukrainian Bureau of

Interpol.

In view of the above, we believe that the position

of the group of scientists (Chaplynskyi et al.,

2023, p. 479), who noted that the interaction of

the National Police of Ukraine with international

organizations takes place at the global and

regional levels, is quite valid. The best results are

manifested in the process of cooperation between

law enforcement agencies of Ukraine and the

Working Apparatus of the Ukrainian Bureau of

Interpol, the purpose of which is:

the exchange of information resources, the

establishment of persons, things and documents

recorded in the Interpol databases;

assistance in the international search for

criminals;

implementation of extradition measures;

performance of procedural actions at the

international level.

These types of cooperation also have a forensic

direction. This refers to the information

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component characterizing the investigated

criminal offenses and assisting in their

disclosure. As a conclusion, we can state that

persons, objects and documents registered in the

Interpol database are also related to forensics,

because forensic methods of diagnosis and

identification, as well as various forensic

techniques are used.

A separate group of scientists noted quite clearly

that schematically, the channel of passing

information or carrying out interaction is as

follows:

practical division of the law enforcement agency

of Ukraine → territorial division of the Interpol

National Security Agency → Interpol National

Security Agency of Ukraine → Interpol National

Security Agency of the foreign country → police

(practical) division of the law enforcement

agency of the foreign country.

Feedback can also be illustrated:

police unit of the foreign country → Interpol

National Security Agency of the foreign country

→ Interpol National Security Agency of Ukraine

→ territorial unit of Interpol National Security

Agency → practical unit of the law enforcement

agency of Ukraine.

The specified information flow scheme is not the

only possible one, which may be determined by

the actors of such interaction, the tasks to be

solved in a specific case of cooperation, etc. For

example, if the request of the law enforcement

agency of the foreign country concerns the

verification of a person on criminal records, the

National Security Service of Interpol of Ukraine

will interact with the Department of

Informational Technologies of the Ministry of

Internal Affairs of Ukraine to obtain relevant

information or will verify the availability of

information on the person on the records of this

unit. In cases where the request concerns the

search for a person, the National Central Bureau

will also interact with criminal investigation or

combat organized crime units; in the materials

regarding the verification of business entities, the

legality of foreign economic transactions – with

the State Tax Administration, the State Service

for Combating Economic Crime of the Ministry

of Internal Affairs of Ukraine (Bilenchuk et al.,

2009, pp. 14-15). As one can see, the researchers

clearly and correctly summarized the previous

information.

We consider the opinion by Schneider (2018,

p. 26), who emphasized that relying on

potentially questionable justice officials, now

limited anti-mafia criminal justice to one

transformative achievement – the suppression of

drug trafficking and elimination of related

violence, to be reasonable one. In other words,

the interaction of law enforcement agencies with

justice ensured a certain effectiveness in

preventing the commission of criminal offenses.

We also support the view by Liash (2000, p. 126),

who defined the essence of the interaction

between the investigator and the operational

worker in the following components: a) active

purposeful activity of the actors – investigators

and workers of operational units, which may

involve secret employees, public members,

specialists in various fields of knowledge, etc.;

b) each subject of this activity takes specific

measures (investigative, operative and

investigative) within the limits of the powers

established by law; c) these are joint actions of

two or more actors, agreed in place, time and

purpose, aimed at implementing the obtained

results of operational and investigative measures,

information in criminal proceedings; d) overall

plans should include a combination of

surveillance and other activities in such a way

that their implementation is unexpected for the

persons whose actions are being verified, their

co-conspirators and would have the greatest

effect of establishing the facts in a procedural

manner; e) in the process of conducting specific

operational and investigative actions, it is

necessary to strictly comply with the

requirements of the Constitution of Ukraine,

current legislation, principles of operational-

investigative legislation and criminal justice

through appropriate investigative actions and

procedural decisions.

Thus, we can formulate the concept of law

enforcement cooperation during the investigation

of crimes committed by transnational organized

criminal groups as a system of measures

independent from each other in relation to the

subordination of authorized units, which is based

on relevant legal acts and agreed between them

according to the purpose and circumstances,

which consists in effective and quick

combination of methods and means peculiar to

the relevant departments, aimed at preventing

and investigating crimes under a single

administration.

Conclusion

Summing up, we note that the commission of

criminal offenses by transnational organized

criminal groups cannot be effectively

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investigated without the participation of various

units both in Ukraine and abroad. It is stated that

interaction is one of the main prerequisites for

ensuring any activity, and even more so for the

implementation of criminal proceedings of any

category. At the same time the issue of

interaction was left out of the attention of

legislators in terms of establishing the relevant

rules in codified legal acts. On the other hand, the

scholars defined interaction in view of the

existing system of law enforcement agencies and

their inherent functions. It is noted that the clear

and organized interaction of law enforcement

agencies of both a specific state and interstate

structures plays a significant role in the

effectiveness of the investigation of illegal acts

of the studied category. The possibility of

interaction between only indicated persons is

pointed out (investigator and case officer; several

investigators; several case officers; detective and

operative; several detectives). Emphasis is

placed on an essential feature of interaction –

single management by a specific authorized

person. Attention is focused on the mandatory

involvement of international law enforcement

organizations – Interpol and Europol. It is found

that the interaction of law enforcement agencies

with justice will ensure a certain effectiveness in

preventing the commission of illegal acts. The

concept of law enforcement cooperation during

the investigation of crimes committed by

transnational organized criminal groups is

formulated as a system of independent actions

with respect to the reporting lines of authorized

units, which is based on relevant legislation and

agreed between them on the purpose and

circumstances, which lies in effective and rapid

combination of the methods and means specific

to the relevant units, aimed at preventing and

investigating crimes under a single management.

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