of June 10, 2008 No. 8
About court practice of consideration of criminal cases about the organization of criminal society (the criminal organization)
For the purpose of the correct application of the legislation on criminal liability for creation of criminal society (the criminal organization) for making of heavy or especially serious crimes, and it is equal for management of such community (organization) or the structural divisions entering it, and also for creation of consolidation of organizers, heads or other representatives of organized groups or for participation in such criminal societies and the associations Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:
1. Draw the attention of courts to need of exact fulfillment of requirements of the law providing criminal liability for creation of criminal society (the criminal organization) and associations of organizers, heads or other representatives of organized groups, management of them and also for participation in them, meaning that organized crime in its different manifestations encroaches on public safety, life and health of citizens, property, breaks normal functioning of the state, commercial and other organizations and public associations.
2. It is necessary to understand structurally drawn up criminal group which, in addition to signs (part 3 of article 35 Criminal Code of the Russian Federation) inherent in organized group, is characterized by unity as criminal society (the criminal organization) and it is created for making of one or several heavy or especially serious crimes, or the consolidation of organizers, heads or other representatives of organized groups created in the same purposes. One or several persons can act as organizers (heads) of criminal society (the criminal organization) and the structural divisions entering it.
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The document ceased to be valid according to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 10.06.2010 No. 12