Problematic Issues of Determining Some Signs of an Organized Criminal Group
( Pp. 192-197)

Abstract: The purpose of the research. The article discusses the problematic issues of determining some signs of an organized criminal group. The factors that make it possible to distinguish the forms of an organized criminal group from other forms of complicity are analyzed, and to properly qualify crimes related to the activities of organized criminal groups. The purpose of the study is to identify the essential features of the organization and their definition, which is essential for proper qualification.
Results. As a result of the conducted research, the author comes to the conclusion that in criminal law and judicial practice, the concept of an organized group and a criminal community (criminal organization) is absent, and therefore it is advisable to give a legal definition of these forms of complicity. Considering the issues of the quantitative composition of organized criminal groups, the author believes that the number of participants in an organized group should be at least two, and the criminal community (criminal organization) - at least four. Exploring the concept of such a feature of an organized criminal group as stability, the author believes it is possible to understand by such the duration of the existence of the corresponding criminal association, due to the presence of stable interaction of its participants.

Gunkin Yu.I. Problematic Issues of Determining Some Signs of an Organized Criminal Group // Gaps in Russian Legislation. 2023. Vol. 16. №8. Pp. 192-197. (in Russ.). EDN: PGAUQQ

Agapov P. Criteria for distinguishing an organized group and a criminal community // Legality, 2007, No. 5. pp. 23-25.
Kapitonova O.S. The concept of organized criminal groups in the decisions of the Supreme Court of the Russian Federation // Approbation. – 2014. No. 8. p. 88.
Mateikovich M.S. On criminal liability for crimes in the field of drug trafficking committed by organized groups and criminal communities // Russian justice. 2015. No. 12. pp. 25-27.
Mondokhonov A.N. Concept, signs and types of criminal associations // Legality. 2020. No. 3. pp. 50 - 54.
Evaluation signs in the Criminal Code of the Russian Federation: scientific and judicial interpretation: a scientific and practical manual / Yu.I. Antonov, V.B. Borovikov, A.V. Galakhova, etc.; edited by A.V. Galakhova. M.: Norm, 2014. 736 p.
Serdyukova K.A. Criminal community (criminal organization) as an association of organized groups // Legality. 2016. No. 9. pp. 46-50.
Truzyan E.V. Organized criminal group under Russian criminal law: concept, types, responsibility.: Dis. ... cand. jurid. sciences': 12.00.08: Moscow, 2018. 201 p.
Ermakova T.N. Gang and criminal community (criminal organization) as a form of complicity: comparative legal analysis. Abstract of the dissertation for the degree of Candidate of Legal Sciences. Moscow. 2009 29 p .
Bukalerova L.A., Nesterov S.V. – On the question of the forms of complicity in crimes provided for in Articles 208, 209, 210 of the Criminal Code of the Russian Federation // Police and investigative activities. – 2016. - No. 4. – pp. 86-89.
Bukalerova L.A., Nesterov S.V. K voprosu o formakh souchastiya v prestupleniyakh, predusmotrennykh st.st.208, 209, 210 UK RF // Politseyskaya i sledstvennaya deyatel nost . 2016. - № 4. s. 86-89.

complicity, organized group, criminal community (criminal organization), stability, organized criminal group..