Criminal prosecution of persons occupying the highest position in the criminal hierarchy: a comparative legal study on the example of the Russian Federation and the Republic of Georgia

The article considers the comparative legal experience of bringing to criminal responsibility for occupying the highest position in the criminal hierarchy by a person. It is concluded that in the Russian Federation, by analogy with the Republic of Georgia, at the legislative level it is necessary to consider the adoption of the law on counteraction to organised crime, where in general provisions in order to eliminate gaps in legislation and law enforcement practice to clarify such concepts as ‘a person occupying the highest position in the criminal hierarchy’, signs of this subject, ‘criminal hierarchy’, the composition of the criminal hierarchy, signs of criminal hierarchy, criteria of having authority among other persons, and the criteria of having authority among other persons. In addition, it is proposed to supplement Art. 210.1 of the Criminal Code of the RF with a qualifying feature, i.e. to strengthen criminal liability for the occupation of the highest position in the criminal hierarchy by a person who has a criminal record for the commission of offences under Art. 210, 210.1 of the Criminal Code of the Russian Federation.