employee from 01.01.2002 until now
Federal State Budgetary Military Educational Institution of Higher Education "Kirov Military Medical Academy" of the Ministry of Defense of the Russian Federation (Department of Forensic Medicine and Medical Law, Professor)
employee from 01.01.2002 to 01.01.2026
Pushkin, St. Petersburg, Russian Federation
employee from 01.01.2023 until now
Irkutsk State University (Department of State and Municipal Management, Professor)
employee from 01.01.2024 until now
Irkutsk, Irkutsk region, Russian Federation
employee
Russian Federation
UDC 343.34
The given article deals with the analysis of judicial practice on the criminal cases provided for by Article 210.1 "Occupying the top position in the criminal hierarchy" of the Criminal Code of the Russian Federation. The authors consider the number of persons to be convicted under this article to have been increased lately that result in a decrease in the number of acquittal judgments. While retrying cases on appeal and cassation appeals, the court decision of the previous juridical instance is generally unchanged. The key problems related to Article 210.1 of the Criminal Code of the Russian Federation are due to the fact that the mentioned article does not specify the terms "top position" and "criminal hierarchy" as well as it does not define the moment to complete the crime. There are also some difficulties in unified understanding, interpreting and applying this norm. The gradual adaptation leads to smoothing out the legal defects of the body of the crime, but this process cannot solve all problems. The clarifications given by the Plenum of the Supreme Court of the Russian Federation on such cases may be of practical value in this matter.
"vor v zakone / thief-in-law", crime classification, organized crime, criminal hierarchy, subject of the crime provided for by Article 210.1 of the Criminal Code of the Russian Federation
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