Topical issues of the implementation of criminal responsibility for occupying the highest position in the criminal hierarchy

Автор: Agapov P.V., Salnikov N.V., Kondratyuk S.V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право

Статья в выпуске: 3 (30), 2021 года.

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The article deals with the implementation of criminal responsibility for the occupation of the highest position in the criminal hierarchy. Despite a certain intensification of the application of the criminal law norm on responsibility for the acquisition of status leadership in the hierarchy of the criminal world, the need to specify the nature of the definitions of this norm, which gives rise to problems of its application, is emphasized. The specifics of the criminal hierarchy, which is a system of relations that have developed in the criminal world and determine the order of subordination of the lower levels of the criminal community to the higher ones, are noted. The article considers the structure of the criminal hierarchy and identifies the features of acquiring status leadership in it through actions aimed at acquiring the status of a person in the process of initiation by other status persons of the criminal environment, which implies the implementation of activities to maintain the norms of the criminal lifestyle and ensure the stability of the criminal environment, as well as to maintain this position by staying in the appropriate status and exercising the powers stipulated by it. Having analyzed the features of the construction of the corpus delicti provided for in Article 2101 of the Criminal Code of the Russian Federation and the practice of applying the criminal law norm, the authors come to the conclusion that it is necessary to adjust it and clarify a number of evaluation categories, taking into account the specifics of illegal acts.

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Criminal hierarchy, occupation of the highest position in the criminal hierarchy, criminal leader, criminal responsibility

Короткий адрес: https://sciup.org/14121189

IDR: 14121189

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