ТЕОРЕТИЧЕСКИЕ И ПРАКТИЧЕСКИЕ АСПЕКТЫ ДОПОЛНИТЕЛЬНОЙ КВАЛИФИКАЦИИ ДЕЙСТВИЙ ОРГАНИЗАТОРА

The article describes the characterization of organization of crimes, which is determined by the specificity of criminallegal regulation of the concept of the organizer. The author noted that an additional qualification of organization of crimes on the basis of the organization of the crime is based on two circumstances: the organization and committing a crime. Therefore, specifically to guide the execution of the offences cited in the literature refer only form of governance performers in the exercise of regulatory functions. Beyond the execution of a crime management execution cannot occur. The author concludes that the allocation of the organizer as the person who created an organized group or criminal community (criminal organization), raises an objection due to the fact that, on the one hand, not related to all forms of complicity, and gives the impression of being outside of the organization committing the crime. On the basis of article 35 of the criminal code, the crime is considered committed "by a group of persons, if in its Commission jointly participated two or more executors without preliminary collusion" (p. 1), and "group of persons by prior conspiracy, if it was attended by persons agree in advance about the joint Commission of a crime" (p. 2). Thus, in both criminal group partners specifically are not combined, but simply are jointly involved in the Commission of a crime. So, to create such groups generally can't. In contrast, in an organized group or criminal community (criminal organization) partners unite on purpose.