CRIMINAL LIABILITY OF HEADS OF BODIES AND ORGANIZATIONS FOR MANAGING A CRIMINAL COMMUNITY (CRIMINAL ORGANIZATION)
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Author(s): | Dukhanina Z. G., |
| Number of journal: | 1(70) | Date: | March 2025 |
| Annotation: | One of the most controversial articles of the Crim- inal Code of the Russian Federation in investigative and judicial practice is currently Article 210, which provides for criminal liability for organizing or participating in a criminal commu- nity (criminal organization). The ambiguity lies in the fact that, firstly, the courts have issued the largest number of acquittals under this article (almost 50%, according to a study conducted by the author), and secondly, the article is regularly amended towards the humanization of criminal liability of entrepreneurs (in particular, note 1 to Article 210 of the Criminal Code of the Russian Federation). The purpose of the study is to consider the problem of bringing to criminal liability under Article 210 of the Criminal Code of the Russian Federation heads of bod- ies and organizations from different positions. The article also attempts to classify all possible criminal communities (criminal organizations) according to the method of achiev- ing a criminal result — obtaining financial or other mate- rial benefits. To achieve this goal, the trend towards mitigation of crim- inal liability for representatives of the business community is analyzed on the basis of a legislative initiative to exclude the possibility of bringing entrepreneurs to criminal liability under Article 210 of the Criminal Code of the Russian Fed- eration and the appendix to the report of the Commissioner for the Protection of the Rights of Entrepreneurs for 2020 and 2021; using examples of criminal cases, the results of the operation of note 1 to Article 210 of the Criminal Code of the Russian Federation are assessed, it is concluded that it is ambiguous. | ||
| Keywords: | organized crime, criminal community, crimi- nal organization, managing a commercial organization, legal entity, criminal liability, business community, humanization of criminal liability, judicial practice |
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| For citation: | Dukhanina Z. G. Criminal liability of heads of bodies and organizations for managing a criminal community (criminal organization). Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;1(70):243—250. DOI: 10.25683/VOLBI.2025.70.1253. |
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