The person occupying the highest position in the criminal hierarchy as the subject of the crime
Автор: Bulychev E.N.
Журнал: Евразийская адвокатура @eurasian-advocacy
Рубрика: Правосудие и правоохранительная деятельность в Евразийском пространстве
Статья в выпуске: 4 (63), 2023 года.
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Purpose of article - to conduct a detailed analysis of the features of legislative registration and judicial interpretation of the concept of a person holding a higher position in the criminal hierarchy, its characteristics, as well as to identify possible problems of application of part 4 of article 210 and article 210.1 of the criminal code. The article used the method of analysis, comparative and formal legal methods. Вased on the analysis of the concept of a person occupying the highest position in the criminal hierarchy, and taking into account foreign experience, conclusions are drawn about the need for its concretization in order to correctly and effectively apply part 4 of article 210 and article 210.1 of the criminal code. In addition, the authors identified possible problems of application of article 210.1, associated with the uncertainty of the end of the crime. The Scientific value of the article lies in the fact that the authors conducted a detailed analysis of the concept of a person occupying the highest position in the criminal hierarchy, its characteristics. We concluded that there are shortcomings in the design of part 4 of article 210 and article 210.1 of the criminal code, in connection with which proposals were put forward on the need to improve the criminal legislation of Russia and the adoption of acts of judicial interpretation.
Person occupying the highest position in the criminal hierarchy, criminal organizations (communities), criminal hierarchy, "thief in law"
Короткий адрес: https://sciup.org/140301263
IDR: 140301263 | DOI: 10.52068/2304-9839_2023_63_4_73