Theoretical bases for qualification of the crimes committed by an organized group and qualifying errors

Abstract

The article is devoted to actual issues of qualification of crimes committed by an organized group. This article is devoted to features showing that by recognizing the crime committed by the criminal and choosing the norm of the Criminal Code containing this crime, the law-enforcer gives a criminal-legal assessment and reveals its legal essence. The theoretical bases of the qualification of crimes committed by an organized group are considered in the work. The reasons for the appearance of organized crime and the most important prerequisites for its development are analyzed. Its characteristic features that are important for the qualification of crimes as committed by an organized group are highlighted and described, thus emphasizing the "type of dangerous conduct of accomplices", as well as the main difficulties in qualifying crimes. Particular attention is paid to ethnic organized crime, which represents an increased social danger due to its prevalence, the ability to generate negative social consequences, as well as constant self-determination. Based on the statistical data given in the article, there is a certain dynamics of the development of organized crime in Russia, which is expressed in the constant growth of registered crimes committed by organized groups and the number of persons, identified in organized communities since 2009. The main content of the study is the analysis of various approaches to the definition of the concept of "qualification of crimes"; the legal grounds for the classification of crimes committed by organized groups are examined.