On the Issue of Criteria for Criminal Groups
( Pp. 53-61)
More about authors
Ivanov Nikita G.
Dr. Sci. (Law), Professor, Honorary Lawyer of the Russian Federation, retired Police Colonel; Professor, Department of Criminal Cases and Criminology, editor-in-chief, journal “Lobbying in the Legislative Process”
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
Abstract:
In the article, from the standpoint of adequacy to the legal principle of consistency and certainty, as well as admissibility as differentiations, the criteria characterizing the group formations identified in the General Part of the Criminal Code are considered. The article analyzes the features proposed by the legislator and the Supreme Court of the Russian Federation, which offers the relevant criteria in its resolutions. A special emphasis is placed on the criteria of a criminal organization. As a result of the consideration of the criteria of group formations, it is concluded that all the presented distinctive features of criminal groups are abstract, which increases uncertainty and the absence of the necessary feature that allows us to present a group formation as a unique sufficient basis. Attention is paid to the interesting conclusion of the Supreme Court about the possibility of complicity of a group of persons with one sane person.
How to Cite:
Ivanov N.G. On the Issue of Criteria for Criminal Groups. Lobbying in the Legislative Process. 2024. Vol. 3. No. 4. Pр. 53–61. (In Rus.). DOI: 10.33693/2782-7372-2024-3-4-53-61. EDN: APYUYE
Reference list:
Andreeva G.M. Social psychology. Moscow: Nauka, 1994.
Concepts and terms in the criminal law of Russia. A.I. Chuchaev, E.V. Loshenkov (eds.). Moscow, 2014.
Ivanov N.G. Concept and forms of complicity in Soviet criminal law. Saratov. Saratov University Publishing House. 1991.
Bulletin of the Supreme Court of the Russian Federation. 2022. № 5.
Concepts and terms in the criminal law of Russia. A.I. Chuchaev, E.V. Loshenkov (eds.). Moscow, 2014.
Ivanov N.G. Concept and forms of complicity in Soviet criminal law. Saratov. Saratov University Publishing House. 1991.
Bulletin of the Supreme Court of the Russian Federation. 2022. № 5.
Keywords:
criminal policy, group, complicity, cohesion, stability, long-term ties, sufficient grounds, technical equipment.
