Actual problems of criminal liability of persons occupying the highest position in the criminal hierarchy (article 210.1 of the Criminal Code of the Russian Federation)

Improving the criminal law mechanism for countering the criminal activities of organized crime leaders is the most important area of criminal policy at the present stage. The article notes that the establishment of criminal liability for occupying the highest position in the criminal hierarchy (Article 210.1 of the Criminal Code of the Russian Federation) is a socially conditioned and expected legislative decision aimed at strengthening the fight against organized crime. The author considers the problems of qualification of this crime. Special attention is paid to such evaluative features as the “criminal hierarchy” and the “highest position” in it, which entails certain difficulties in applying the norm in practice. Based on judicial practice and the results of criminological research, a detailed description of the subjects of these crimes and such a criminal phenomenon as the “criminal hierarchy” is given.The objective side of the crime is analyzed, which is expressed in the acquisition by a person of the appropriate criminal status - the highest position in the criminal hierarchy with subsequent stay in it. The author substantiates the conclusion about the continuing nature of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, considers the issues of its legal and actual termination, as well as the relationship with the act provided for in Part 4 of Article 210 of the Criminal Code of the Russian Federation.