Questions of interpretation of signs of the composition of occupying a higher position in the criminal hierarchy

Abstract

The article discusses the issues of determining the status of a person occupying a higher position in the criminal hierarchy, through the prism of teaching him this status through the procedure, compliance with unspoken criminal rules, organization, management and coordination of criminal activities, influence on the system of informal relationships between convicts. The author believes that such a person should be recognized not only as “thieves in law”, but also as “state officials” as persons who control the criminal environment in a particular territory. Judicial practice in this category of cases is analyzed, in which the characteristics that determine the status of a person are formulated. It is noted that this crime is ongoing, legally completed from the moment of obtaining the status and carrying out actions in this status, and actually completed from the moment of actual completion of actions of one’s own will or forcibly. A proposal is put forward to develop, at the level of the resolution of the Plenum of the Supreme Court of the Russian Federation, provisions that explain certain features of the composition, taking as a basis some excerpts from the cassation decisions analyzed by the author.