Problems of legal regulation of the norm on occupation of the highest position in the criminal hierarchy

Abstract

The publication is devoted to the critical analysis of the structure of the corpus delicti stipulated by Article 210.1 of the Criminal Code of the Russian Federation (CC RF). Based on the results of the review of the norm the authors conclude that there is no act in it, which violates the basic provisions of criminal legislation. In the current construction of the corpus delicti the moment of its termination in practice is shifted to the beginning of the norm. The correlation of the act provided for by part 4 of article 210, article 210.1 of the Criminal Code of the Russian Federation is argued. The boundaries of these crimes are indicated. It is argued that gradual adaptation leads to smoothing of legal defects of the composition, but this process is not able to solve all problematic aspects of Art. 210.1 of the Criminal Code of the RF.