УЧЕНИЕ В. П. МАЛКОВА О МНОЖЕСТВЕННОСТИ ПРЕСТУПЛЕНИЙ И ПРОБЛЕМЫ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ ЗА ДЕЯТЕЛЬНОСТЬ В СОСТАВЕ ОРГАНИЗОВАННОГО ПРЕСТУПНОГО ФОРМИРОВАНИЯ

Based on the analysis of works of Professor V. P. Malkov reveals the importance of his teachings about multiple crimes for the classifi cation of the establishment (organization) of gangs and similar criminal groups, participating and committed their crime. The author reveals the scientifi c position of V. P. Malkov, according to which the creation (organization) of criminal formations and participation in them are stages of committing other crimes and therefore should be «absorbed» by other crimes when qualifying. It is noted that ignored the fact that the Special part of Criminal Code of the Russian Federation offences that criminalize the creation (organization) of the criminal formation of and participation in them designed on the basis of the doctrine of «collusion» leads to unreasonably large criminal penalties.