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The criminal law policy of Russia should follow the general national political course and, thus, be well-considered, stable and corresponding to key postulates declared in the Constitution of the Russian Federation as the charter document of the state. The situational character of the legislative approach in using such means of implementing criminal policy as the criminalization and de-criminalization of actions is unacceptable; it leads to the de-systematization of legislation and difficulties in law enforcement. The interference in the choice of means of criminal law impact on organized crime poses a special danger when it is ill-conceived and not based on objective needs. The author analyses mistakes made by lawmakers in the process of formulating and upgrading norms aimed at counteracting criminal communities (criminal organizations) as the highest forms of organized crime, as well as persons who organize and manage them. The author also draws attention to the negative trends of unsubstantiated toughening of criminal repressions, of using terminological instruments not characteristic of criminal law regulation, and poorly conceived implementation of legislative initiatives for narrowing the scope of Art. 210 of the Criminal Code of the Russian Federation. It is concluded that the principle of justice has been violated, the judicial-investigation system has been undermined, and there is a threat of strict liability and unconstitutionality in the proposed legislative initiative of limiting the scope of Art. 210 of the Criminal Code of the Russian Federation, if the fate of the norm of liability for business fraud is taken into consideration. Based on the conducted analysis of criminal law norms on criminal community (criminal organization) as a form of complicity and as an independent crime, court practice, statistical indices, international experience, existing opinions of a number of scholars and personal legal position, the author formulates suggestions within a conceptually new approach to modernizing criminal legislation in the analyzed sphere.

vserossijskij kriminologičeskij žurnal

Counteracting Criminal Communities (Criminal Organizations) and Leaders of the Criminal World: Destructive Trends, a Search for New Legislative Solutions