ПРАВОВОЕ РЕГУЛИРОВАНИЕ ОТВЕТСТВЕННОСТИ ЗА ОРГАНИЗАЦИЮ ПРЕСТУПНОГО ОБЪЕДИНЕНИЯ И УЧАСТИЕ В НЁМ
LEGAL REGULATION OF THE RESPONSIBILITY FOR ORGANIZATION OF CRIMINAL ASSOCIATION AND PARTICIPATION IN IT

Summary/Abstract: The article is devoted to the issues of regulation in the current criminal law of the responsibility for creation of a criminal association, leadership of such a unit, and participation in it, as well as to the problem of distinguishing between the complicity in crime and organized criminal activity. In accordance with the current Criminal Code of the Russian Federation, a criminal association is defined as an organized group (article 35, paragraph 3) and its variants, the responsibility for organization and participation in which is provided in five articles of the Special Section of the Criminal Code of the Russian Federation. In the literature, such associations are often identified with the forms of complicity in a crime. Based on the analysis of Russian and foreign criminal law, as well as of the recent approaches to this problem in science, the author expresses his own opinion on the matter and believes that the levelling of differences between complicity in a specific crime and complicity in organized criminal activities creates problems for classifying the activities of persons acting jointly. The aim of this research is to find out ways of the most effective application of criminal law on the liability for organized forms of criminal activity. In order to fulfill this aim, the methods of historical and comparative legal research are used along with other methods of scientific investigation.

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