Уголовно-правовая характеристика бандитизма

Organized crime became the major factor defining character of a criminal situation in the country. Its increasing scales pose real threat of safety of the state and society. It actively takes root into legal economy, shows obvious aspiration to get into power structures. Being organized crime version, gangsterism is dangerous that members of a gang are armed and, making attacks on citizens and the organizations, are always ready to use the weapon, than pose special threat for society. The factors influencing increased public danger of gangsterism, also high degree of organization of members of a gang, involvement in an orbit of criminal activity of considerable number of persons, and also aiming, as a rule, on numerous commission of gangster attacks are. In dynamics of gangsterism are traced the steady growth of bandit manifestations with especially heavy consequences connected with capture of hostages, terrorism, kidnapping, murders and extortion. Process of merge of bandit groups in bands and high latency of the crimes committed by them is observed. Thus, in the conditions of organized crime growth, including armed, the increasing sharpness is gained by a problem of fight against gangsterism, as one of the most dangerous and widespread manifestations of organized crime, the being characterized increased public danger. The conducted scientific researches, the analysis of the scientific works devoted to gangsterism, statistical materials about a condition, structure and tendencies of manifestation of gangsterism showed, studying of problems of fight against gangsterism and scientific and practical approach to elaboration of strategy and tactics of this fight is how significant now. It is necessary to allocate distinctive signs of gangsterism accurately: from robbery, from terrorism and the organization of criminal community. The existing criminal code of Russian Federation includes three independent structures of a crime in concept of gangsterism, among which and essentially new structure - the gangsterism made by the person with use of the official position. By results of the analysis of objective and subjective signs of gangsterism, taking into account the various points of view of scientists about essence of a gang we gave the following definition: "The gang is the steady organized armed group of two or more persons, previously united for commission of attacks for different motives and the purposes on citizens or the organizations or at least and one attack, but for commission of which a certain preparatory activity" is necessary. We consider it expedient to change the formulation of Art. 35 and Art. 209 of the Criminal code of the Russian Federation.