АКТУАЛЬНЫЕ ПРОБЛЕМЫ КВАЛИФИКАЦИИ ДЕЯНИЯ, ПРЕДУСМОТРЕННОГО СТ. 210.1 УК РФ «ЗАНЯТИЕ ВЫСШЕГО ПОЛОЖЕНИЯ В ПРЕСТУПНОЙ ИЕРАРХИИ» (СТАТЬЯ ВТОРАЯ)

Abstract

The subject of the study is the composition of the crime under Article 210.1 of the Criminal Code of the Russian Federation. The purpose of the study was to solve the scientific problem of determining the subject and the objective side of the crime under Article 210.1 of the Criminal Code of the Russian Federation. In the course of the research, the historical-legal, chronological, formally legal method was used. As a result of the study, the subject of the crime, the subjective side of the crime provided for in Article 210.1 of the Criminal Code of the Russian Federation «Occupation of the highest position in the criminal hierarchy» was established. Various approaches to this status are considered: 1) as a criminal state («occupation» is a fait accompli) and 2) as a desire for a criminal state («occupation» is a process aimed at achieving a criminal state). A comparative analysis of the «person occupying the highest position in the criminal hier-archy» as a special subject of a crime provided for in Part 4 of Article 210 of the Criminal Code of the Rus-sian Federation and other special subjects of crimes provided for in the Criminal Code of the Russian Fed-eration, as well as a comparative analysis of the subject of a crime provided for in Part 4 of Article 210 of the Criminal Code of the Russian Federation and part 1 of Article 210 of the Criminal Code of the Russian Federation. The competition of the elements of crimes provided for in Part 4 of Article 210 of the Criminal Code of the Russian Federation and Article 210.1 of the Criminal Code of the Russian Federation is considered. Various scientific approaches to the correlation of the concepts of «thief in law» and «person occupying the highest position in the criminal hierarchy» within the formal, functional and formal-functional criteria for determining the person occupying the highest position in the criminal hierarchy are analyzed.