Popov V.A. To the question of special subjects of crimes under the paragraphs 1 and 4 of Article 210 of the Criminal Code of the Russian Federation

Abstract: This article presents the analysis of the special subjects of crimes under the paragraphs 1 and 4 of Article 210 of the Criminal Code of the Russian Federation (CCRF): “individual having influence upon the members of organized groups” and “individual holding the highest post within the criminal hierarchy”. The object of the research is the social relations forming in the area of provision of public safety and protection of society from the destructive actions of criminal enterprises (criminal organizations). The author examines various positions expressed in the scientific community regarding the understanding of features of the stated special subjects. The author proposes an original guideline for qualification by characteristics of subjects of crime that can be used in law enforcement practice. In conclusion the author substantiates the need to remove the characteristics of the special objects in question from the text of criminal legislation, and defends the thesis that the fight against the leaders of criminal underworld should be waged by setting criminal responsibility for actions committed by such leaders.

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