Some of the characteristics organized criminal group
( Pp. 312-315)

More about authors
Kharzinova Violeta Mukhamedinovna kand. yurid. nauk, docent, docent kafedry gosudarstvennyh i grazhdansko-pravovyh disciplin.
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia
Abstract:
Organized criminal groups are one of the serious threats to the state national security of the Russian Federation, since they commit serious and especially serious crimes. The danger of such groups is that their activities are directed against the public, state and private lives of citizens and other persons The purpose of writing a scientific article is to consider some features of an organized criminal group and develop proposals for improving criminal legislation. Based on these goals, the task of scientific research was to study the features that characterize criminal organized groups, their similarities and differences, the correct qualification of what was done by such criminal groups, as well as the theory and practice of applying the norms of criminal law. The relevance of this article is due to the fact that the criminal legislation does not contain some characteristic features of various criminal groups. The article reveals some similar and distinctive characteristics of organized criminal groups and the problems of recognizing these groups as such. Different ways of forming criminal groups and what is the danger of such groups to society. Circumstances that indicate the creation of organized criminal groups. Features of the objective side of crimes committed by criminal groups. In the criminal law literature, the characteristic features indicated in the article are interpreted ambiguously. In this regard, we believe that for an unambiguous interpretation and correct application of the criminal law for the following components, the composition, characteristics, and goals of banditry should be regulated by law. The article can be used in investigations and proceedings of criminal cases. The author makes a systematic analysis of the characteristics of criminal groups and offers suggestions for improving criminal legislation. As a result of the research, the author made conclusions about the need for: 1) clear legislative regulation of the composition, feature, purpose of banditry; 2) legislative regulation of qualifying features, as well as the purpose of criminal organized groups that can distinguish them from each other; 3) amendments to part 3 of article 35 of the criminal code to recognize a criminal group as organized.
How to Cite:
Kharzinova V.M., (2020), SOME OF THE CHARACTERISTICS ORGANIZED CRIMINAL GROUP. Gaps in Russian Legislation, 4 => 312-315.
Reference list:
Bykov V. Priznaki organizovannoy prestupnoy gruppy // Zakonnost . 1998. № 9. S. 39
Grishko E.A. Organizatsiya prestupnogo soobshchestva (Ugolovno-pravovoy i kriminologicheskiy aspekty). M., 2001. S. 70.
Dolgova A.I. Prestupnost , ee organizovannost i kriminal noe obshchestvo. M., 2003. S. 295.
Luneev V.V. Prestupnost KHKH veka. Mirovye, regiolnal nye i rossiyskie tendentsii. M.: Volters Kluver, 2005. S. 67
Matveev E.S. Gosudarstvo i organizovannaya prestupnost : osobennosti pravovykh kommunikatsiy // Molodoy uchenyy. 2019. № 3 (241). S. 271-273.
Usova I. A. Ponyatie organizovannoy prestupnosti i ee kharakternye cherty // Molodoy uchenyy. 2019. № 23 (261). S. 556-557.
KHarzinova V.M. Ugolovno-pravovoe regulirovanie banditizma: istoriya i sovremennost // Probely v rossiyskom zakonodatel stve. 2018. № 3. S. 330.
KHarzinova V.M. Nezakonnye vooruzhennye formirovaniya: osobennosti i kharakternye cherty //Probely v rossiyskom zakonodatel stve. 2018. №3. S. 37.
KHarzinova V.M. Problemy ugolovno-pravovogo regulirovaniya prestupnogo soobshchestva (prestupnoy organizatsii) ili uchastiya v ney// Probely v rossiyskom zakonodatel stve. 2017. № 3. S. 45-46.
CHuprova A. YU., Murzkov S. I. Kvalifikatsiya prestupleniy, sovershennykh organizovannoy gruppoy // Rossiyskiy sledovatel . 2000. № 6. S. 28.
Keywords:
criminal groups, objects of attack, objective side, elements of the crime, cohesion, stability, stability, armament of the criminal group, weapons, motives for joining criminal groups, forms and methods of formation.


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