Statistics of the case law under Article 210 of the Criminal Code of the Russian Federation

The object of the conducted research is social relations related to the practice of holding accountable the organizers, leaders, and participants of criminal communities (criminal organizations) in criminal proceedings. The subject of the research is the decisions of appellate courts regarding criminal cases involving the prosecution of these individuals under Article 210 of the Criminal Code of the Russian Federation. The article is dedicated to the problem of implementing the norms of criminal legislation aimed at combating the spread of organized crime, which is primarily concentrated in the examined criminal formations and poses an increased public danger, serving as the foundation of the criminal world. The author pays special attention to issues of differentiation among the criminal organizations and the criminal activities of individuals who govern them, leaders (including structural subdivisions), and participants. The research employed statistical and analytical methods: decisions of appellate courts on criminal cases under Article 210 of the Criminal Code of the Russian Federation from January 1, 2019, to May 31, 2024, were studied, statistical data was collected and analyzed, and categories of crimes committed in conjunction with Article 210 were examined. The study of appellate court decisions revealed general trends and identified key problems in law enforcement. The objective of the research—through the analysis of statistical data to identify problematic issues arising in the application of Article 210 and propose ways to resolve them—has been achieved. The novelty lies in the statistical study of all published decisions of general jurisdiction courts available in the public domain, as well as some military courts, the identification of law enforcement issues, and the formulation of conclusions and suggestions for improving legislation aimed at combating organized crime operating within the framework of organized criminal formations. In particular, the crimes in conjunction with which the application of Article 210 is most ambiguous have been defined. The outcome of the research is the development of practical proposals and recommendations aimed at eliminating many questions and uncertainties in holding individuals accountable under Article 210. One of the key proposals is to differentiate between criminal communities and criminal organizations into various categories based on the specifics of criminal activity.

criminal communities, criminal organizations, criminal liability, legal entity, structure, material benefits, unified management, related crimes, statistics, judicial practice