ԳՈՂԱԿԱՆ ԱՇԽԱՐՀԻ ՂԵԿԱՎԱՐ ԿԱԶՄԻ ԴԵՄ ՔՐԵԱԻՐԱՎԱԿԱՆ ՊԱՅՔԱՐԻ ՈՐՈՇ ՀԻՄՆԱՀԱՐՑԵՐ

This article is dedicated to some key issues in the criminal-legal fight against the leadership of the thieves’ world. In particular, in the article, the author discussed the object, the objective aspect of the corpus delicti of managing the thieves’ world, the negative characteristic of the corpus delicti provided for in Article 323 of the Criminal Code of the RA, as well as the question of expediency of provision of a special incentive norm that exempts the persons who manage the thieves’ world from criminal liability on the condition that they demonstrate positive post-criminal behavior. As a result, the author, referring to various theoretical sources, specified the object and objective aspect of managing the thieves’ world, and also presented a proposal aimed at improving the negative characteristic of the corpus delicti set out in the article under discussion. In addition, the author came to the conclusion that although it is acceptable to exonerate the persons who manage the thieves’ world from criminal liability in some cases on the condition that they demonstrate positive post-criminal behavior, this should not be done by providing an incentive norm in that article, but should be carried out by exonerating the offender from criminal responsibility on the basis of remorse provided by part 1.1 of Article 81 of the Criminal Code of the RA. The necessary conditions for applying that basis to the persons who manage the thieves’ world should be clarified as much as possible by the Court of Cassation of the RA.