Topical issues of qualification of crimes related to the activities of illegal armed groups (part II)

The article deals with the practical issues of qualification of the crime under article 208 of the criminal code, examines the signs of this composition that affect the correctness of the qualification, examines the circumstances exempting from criminal liability for participation in an illegal armed formation. For example, judicial decisions on criminal cases, are considered mandatory elements of a crime, influencing skills, concludes with recommendations to the investigators of the Investigative Committee of the Russian Federation to establish the necessary completeness of criminal-legal characteristics of acts. Separate questions are considered ambiguous, from the point of view of completeness of elaboration of judicial practice, such concepts as formation and the management of illegal armed formation, also the management of illegal armed formation and participation in it. The authors have tried, in relation to this specific composition of the crime, to define such concepts as stability, organization, armed illegal armed formation as a specific type of organized criminal group. In addition, the authors separately analyze such specific signs of illegal armed formation as illegality, subordination vertically within the group, as well as quantification.