«CRIMINAL CAREER» AS THE MAIN FEATURE IN THE CRIMINOLOGICAL, CRIMINAL LAW AND CRIMINALISTIC CHARACTERISTICS OF THE PERPETRATOR OF THE CRIME «TAKING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY»

Abstract

The perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation is characterized by willingness to follow criminal ideology, to lead the criminal hierarchy using an arsenal of illegal methods, to organize and expand the scope and territory of criminal activity through subordinate structures, actively counteract the law enforcement function of the state. The criminal career of the leader of the criminal hierarchy is the basis for qualifying a crime, determining the circumstances included in the subject of proof, for planning and organizing an investigation. Purpose: to analyze the criminal law, criminological and criminalistic characteristics of the perpetrator of the crime – «Taking the highest position in the criminal hierarchy». Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study makes it possible to identify problems in the qualification of the crime, to highlight the criminal law, criminological and criminalistic signs of the perpetrator of the crime under Article 210.1 of the Criminal Code of the Russian Federation, to formulate recommendations on the organization and planning of the investigation of this crime.

Keywords

• criminal community
• thief in law
• «criminal career»
• criminal hierarchy
• investigation