Соучастие и преступный сговор в борьбе с организованной преступностью

Abstract

Today, the concept of “complicity” enshrined in the Russian criminal law does not objectively cope with the task of combating organized crime. Purpose. Identify the shortcomings of the concept of "complicity" in the fight against organized crime. Methodology. The study of legal tools in the fight against organized crime is based on dialectical, systemic, functional system-structural research methods. Results. Firstly, the “criminal community” construction, which is actually the only form of complicity, called upon as a legal means in the fight against organized crime, appears to be “lifeless” in law enforcement. Its unreasonably complex legal and technical formulation provokes the legislator to adopt provisions in the Criminal Code of the Russian Federation that go beyond the system-forming criminal law signs of complicity in a crime. Secondly, the norm of Part 5 of Art. 35 of the Criminal Code of the Russian Federation ignores the sign of compatibility of complicity, providing for criminal liability of the leaders of criminal groups only for their intent. Thirdly, the institution of complicity provides a legal basis for regulating the commission of crimes provided for by the Special Part of the Criminal Code of the Russian Federation through the joint efforts of several persons, and not the criminal activity itself. Conclusion. Traditional legislative tools are outdated, it is necessary to introduce a new concept of “criminal conspiracy”, designed to solve urgent problems of legal regulation of the fight against organized crime. The concept of “criminal conspiracy” should take into account the shortcomings and contradictions of the current domestic legislation, as well as adopt important provisions of the legislation of foreign countries, avoiding violations of the basic principles of continental law.