Occupying the highest position in the criminal hierarchy: problems of theory and practice
Responsibility for occupying the highest position in the criminal hierarchy is enshrined in the Criminal code of the Russian Federation relatively recently. The authors carried out the relationship between the concepts of “prison hierarchy” and “criminal hierarchy”, the analysis of such elements of a crime as an objective party and the subject of the crime provided by article 210.1 Criminal code of the Russian Federation, deals with the problems of separating the reporting of acts from the related offenses. Consistent analysis of the norm reveals the presence of some problems of a theoretical and practical nature. In order to overcome them, it is proposed to make appropriate clarifications in the resolution of the Plenum of the Supreme Court of the Russian Federation No. 12 of June 10, 2010 “On the judicial practice of considering criminal cases on the organization of a criminal community (criminal organization) or participation in it”.