Abstract
The study is based on the problem of the evaluation of a criminal act and achievement of goals of the punishment for a crime (Art. 2101 of the Criminal Code of the Russian Federation) considering a high position in the criminal hierarchy. The provision content is analyzed to show the dual nature of its interpretation and the problem of achievement of practically unachievable goals of the punishment for a committed crime to rectify social justice, reform the convict. The authors review different points of view from the standpoint of evaluation of constituent elements of the crime: as a continuing condition or a continuing act; dangerous position of an individual being a criminal authority. The paper justifies a novel authors' view on the problem resolution considering foreign experience that lies in the idea that it is necessary to single out specialized correctional institutions for leaders of the criminal world as especially dangerous professional criminals. It is stated that such approach will facilitate the achievement of the preventive punishment goal: reduction in the recidivism rate, high degree of isolation of such criminals and better chances of other convicts for re-socialization.
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