Grigoriev D.A. —
Characteristics of objective signs of participation in a crime syndicate (Part 2 of Article 210 of the Criminal Code of the Russian Federation)
// Law and Politics. – 2017. – ¹ 1.
– P. 39 - 46.
DOI: 10.7256/2454-0706.2017.1.21632
URL: https://en.e-notabene.ru/lamag/article_43026.html
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Abstract: The subject of this work is the Part 2 of Article 210 of the Criminal Code of the Russian Federation, which stipulates criminal responsibility for participation in criminal syndicate (criminal organization); assemblage of the Russian normative legal acts of the XVII-XXI centuries, associated with establishment of the responsibility for organization of crime syndicates along with the membership therein; international legal acts that regulate responsibility for the organized criminal activity; judicial practice on criminal cases pertaining to organization of criminal community or participation in it; as well as problematic questions, opinions of the scholars reflected in scientific publications on the topic of research. The result of this work consists in refutation of position of a number of authors regarding the fact that for the acknowledgment of a member of crime syndicate as such, he must fulfil the role of executor, organizer, aider and abettor in one of the planned by the syndicate crime. The conclusion and scientific novelty of this research consists in formulation of the necessary set of features of the objective site of composition of participation in a crime syndicate, as well as author’s interpretation of their content. This article can be used by the law enforcement agencies in disputable situations regarding the presence or absence of the signs of composition of a crime, stipulated by the Article 210 of the Criminal Code of the Russian Federation.