Popov V.A. Establishment of criminal enterprise or participation therein: separate questions of qualification

Abstract: This article examines certain questions of qualification of the action of organizers and members of a criminal enterprise in the process of application of Article 210 of the Criminal Code of the Russian Federation. Such questions include: 1) questions pertaining to qualification by the rules of actual accumulation of crimes; 2) questions pertaining to possession of weapons by the members of the criminal enterprise; 3) questions that pertain to forceful participation in the criminal organization. The object of this research is the norms of criminal law and legal literature on this topic. The author formulates the corresponding rules of qualification for each of the aforementioned situations, which can be used as a certain methodological base in the work of the law enforcement agencies and courts, as well as for future research in the science of criminal law. The author also makes recommendations on possible changes to the current criminal legislation of the Russian Federation.

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