Criminal Hierarchy and Ethnic Oppression: Qualification Issues

Introduction: the article substantiates the need to improve legislation in the field of organized crime in general and ethnic organized crime in particular, identifies the problems of applying Articles 210 and 210.1 of the Criminal Code of the Russian Federation caused by the lack of stratification of the criminal hierarchy and certain omissions in the current criminal legislation. Materials and Methods: the methodological basis of the research was: dialectical as a universal method of cognition of phenomena and processes, formal-logical, system-structural analysis, comparative, historical, and such private scientific methods as historical-legal, comparative-legal, linguistic, statistical, legal analytics, legislative techniques, legal comparative studies, method expert assessments, legal statistics. The materials were scientific research, data from investigative and judicial practice, and the current criminal legislation of the Russian Federation. Results: the article reveals the problems of combating organized ethnic crime, omissions in the current criminal legislation, which lead to low effectiveness in countering socially dangerous acts committed by them. In the current legislation, there is almost no responsibility for crimes committed by ethnic criminal groups, which have an increased public danger. The author argues for simple ways to resolve the current situation by amending the current Criminal Code of the Russian Federation and Resolution No. 12 of the Plenum of the Supreme Court of the Russian Federation dated 06.10.2010 "On Judicial Practice in Considering criminal cases involving the organization of a criminal community (criminal organization) or participation in it". Discussion and Conclusions: the article substantiates the need for urgent amendments to the Criminal Code of the Russian Federation and the resolution of the Plenum of the Supreme Court of the Russian Federation dated 06.10.2010 No. 12 "On judicial practice in considering criminal cases involving the organization of a criminal community (criminal organization) or participation in it (her)", in order to simplify the process of bringing to justice persons heading various criminal organizations, formations, including those based on ethnicity.