Manifestations of forms of complicity in a crime in the special part of the Criminal Code of the Russian Federation

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Introduction: the article studies the improvement of the matter of complicity in crime in the Russian criminal law due to the objective necessity of application of criminal law measures in the fight against organised criminal activity. Materials and Methods: the normative basis of the article was the Constitution of Russia, Russian criminal legislation of both modern and previous periods, the Criminal Code of the Russian Federation and other legal acts. The following research methods were used: dialectical, comparative and legal, system-structural, legal. Results: the author justifies proposals for improving certain legal norms according to the results of the study of regulation of criminal complicity in the Special Part of the Criminal Code of the Russian Federation, the analysis of its specifics, interconnection with the General Section of the Criminal Code of the Russian Federation. Discussion and Conclusions: aggravated social danger of crimes which include the forms of the complicity are established as constructive, qualifying and particularly qualifying characteristics, as well as the organizators and participants form not only for the purpose of committing a single crime, but also for criminal activities of an organised nature, is evident. The author concludes that it is necessary to reconcile the regulatory terminology in the regulation of forms of complicity in the Special Part of the Criminal Code of the Russian Federation and ensure a more consistent differentiation of criminal responsibility depending on the co-organisation and number of co-conspirators. In addition, the rules under Part 5 of Article and Article 2813 of the Criminal Code of the Russian Federation should be harmonised.

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Complicity in a crime, forms of complicity in a crime, special part of the criminal code of the russian federation, organized group, criminal community, criminal organization

Короткий адрес: https://sciup.org/142237896

IDR: 142237896   |   DOI: 10.37973/KUI.2023.88.24.011

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