Criminal Association (Criminal Organization): Theory and Practice of Application

Abstract

The article is devoted to the analysis of the concept of criminal association (criminal organization) set out in part 4 article 35 of the Criminal Code, as well as the practice of applying article 210 of the Criminal Code. Adverse trends in the pattern of criminal prosecution for the organization of a criminal association and participation in it at all stages (from the registration of a crime to the imposition of a penalty) are due to shortcomings in the legal technique when the legislator designs this form of complicity. Under criminal law, a criminal association may be in the form of a structured organized group. Meanwhile, the etymology of the concepts of organized group and structured organized group attests to their identity. Contradictions in the formulation of the purpose of a criminal association cause reasonable criticism of theorists and significantly narrow the types of criminal activities permitted by law.