Scientific and law enforcement approaches to the analysis of the subjective side of occupying the highest position in the criminal hierarchy

Introduction. The article is devoted to the problem of analyzing the subjective side of the corpus delicti provided for in Article 2101 of the Criminal Code of the Russian Federation (occupying the highest position in the criminal hierarchy). The relevance of the study is due to the insufficient theoretical elaboration of this element of the composition and its ambiguous reflection in judicial practice, which can lead to difficulties in the qualification process. Materials and methods. The research is based on the dialectical method of cognition, formal logical and comparative legal analysis, as well as the study of judicial practice materials. The texts of decisions of courts of various instances in cases of the relevant category were analyzed, which made it possible to identify and systematize approaches to establishing the subjective side of the composition of the specified crime. Research results. It is established that the subjective side of occupying the highest position in the criminal hierarchy is characterized exclusively by direct intent, the author's vision of the content of his intellectual and volitional moments is proposed. The study of court decisions has shown significant variability in the description of the content of this feature – from the complete absence of its characteristics to a detailed description in relation to different stages of the ongoing crime. In addition, the methodologically erroneous practice of indicating in sentences that a person is aware of socially dangerous consequences that are not part of the formal structure has been revealed. Additionally, the optional signs of the subjective side of the crime under consideration (motive and purpose) have been studied, which, despite the prevalence of their establishment by the courts, do not affect the qualification of the deed. Conclusions and conclusions. The conducted research has demonstrated the existence of significant gaps both in the theoretical elaboration of the description of the subjective side of occupying the highest position in the criminal hierarchy, and in the uniformity of its establishment by the courts. The directions of solving this problem are proposed in the form of intensification of relevant scientific research with their subsequent communication to law enforcement agencies, as well as giving appropriate explanations by the Plenum of the Supreme Court of the Russian Federation.