ABOUT SOME PROBLEMATIC ISSUES THAT ARISE WHEN BRINGING A PERSON AS A DEFENDANT FOR OCCUPYING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY
Shilov K.A.
Tomsk IPKR of the FSIN of Russia (Tomsk, Russia), Senior Lecturer of the Department of the Organization of Operational-Search Activity.
Annotation:
The article is devoted to the composition of the crime provided for in article 210.1 of the Criminal code of the Russian Federation “Occupation of the highest position in the criminal hierarchy”. The author considers topical theoretical and practical issues related to the application of this article by Russian law enforcement agencies when bringing a person as a defendant for occupying the highest position in the criminal hierarchy.
On the basis of the analysis of opinions of students of the groups of the qualification of operational staff of the institutions and bodies of criminal Executive system, held in PKU DPO Tomsk IPCR of the Federal penal service training for 2019, since the introduction of this article into the criminal code of the Russian Federation and identifies possible problematic issues that may arise in law enforcement at the arraignment, the formulation of the indictment that the person holds the higher position in criminal hierarchy.
In order to improve the quality and effectiveness of the application of article 210.1 of the Criminal code of the Russian Federation by law enforcement agencies, the author has pre-pared proposals and additions to amend the criminal legislation of the Russian Federation.
Keywords:
decision on bringing in as an accused; indictment; occupation by a person of the highest position in the criminal hierarchy; criminal liability.
