TO THE QUESTION ABOUT CRIMINAL LIABILITY FOR ENGAGING A PERSON OF HIGHER POSITION IN CRIMINAL HIERARCHY

Shilov K.A.

Tomsk IPKR of the FPS of Russia (Tomsk, Russia), Senior Lecturer of the Department of the Organization of Operational-Search Activity

Annotation:

The article is devoted to the new 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 applied issues related to the application of this article by Russian law enforcement agencies when bringing a person to criminal liability fo occupying a higher position in the criminal hierarchy.
On the basis of the analysis of opinions of students of the groups operational staff of the institutions and bodies of criminal Executive system, held training in PKU DPO Tomsk IPCR of the Federal penitentiary service of Russia in 2019, after the introduction of this article into the criminal code of the Russian Federation and identifies possible problematic issues that may arise in law enforcement in proving that the face occupies a Supreme position in a criminal hierarchy. In order to improve the effectiveness of the application of article 210.1 of the Criminal code of the Russian Federation by law enforcement agencies, the author has prepared proposals for amendments to the current criminal legislation of the Russian Federation.

Key words:

occupation by a person of the highest position in the criminal hierarchy; criminal community; subject of crime; criminal liability.