Sustainability as a Key Feature Organized Group

Abstract

This article considers the least specified of the legal signs of an organized group as a form of complicity, namely the sustainability of an organized group. In the course of the work, the provisions of criminal legislation and explanations given in the Resolutions of the Plenum of the Supreme Court of the Russian Federation were analyzed, and judicial practice was also studied from the point of view of substantiation and argumentation of the presence of this feature in acts recognized by the courts as committed by an organized group. A variety of scientific and journalistic literature was also studied in the context of the chosen topic. The author, within the framework of the conducted research, conducted a sample of 60 sentences of the courts of first instance for crimes qualified as committed by an organized group. Based on these sentences, the author tried to analyze how the courts determine the existence of sustainability and what they are guided by in qualifying.