OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY

Savitsky Ruslan Alexandrovich

The article considers the consistent regulation by the legislator of the norms on bringing to criminal responsibility persons occupying leading positions in the criminal hierarchy of organized crime. The author comes to the conclusion that the innovations of criminal law norms concerning crimes provided for in Article 210.1 of the Criminal Code of the Russian Federation allow the law enforcement officer to apply these provisions in the most effective way. This is due to the fact that, firstly, for a proper evidence base, it is necessary to prove that the person involved under this article has a corresponding criminal status as a leader of a criminal community. Secondly, it is also necessary to prove the commission by such a person of at least one proven intentional act associated with his directed coordination of the actions (activities) of the community of persons who agreed to commit a crime. Therefore, from the author's point of view, the factor of targeting any assignment given by a person occupying a leading position in the criminal hierarchy to commit a crime, as well as the presence of such a criminal community, is crucial.

Keywords:organized crime, criminal hierarchy, leader of the criminal community, criminal responsibility, punishment, legal framework, criminalization