ORGANIZATION OF A TERRORIST COMMUNITY AND PARTICIPATION IN IT UNDER RUSSIAN CRIMINAL LAW: ISSUES OF REGULATORY AND LAW ENFORCEMENT PRACTICES
The relevance of the article is determined by the exceptional social danger of terrorist communities and the crimes they commit. The inclusion in the criminal law of the norm establishing measures of responsibility for the organization of a terrorist community and participation in it, namely Article...
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| Format: | Article |
| Language: | English |
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LLC «MIAS Expert»
2022-10-01
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| Series: | Legal Bulletin |
| Subjects: | |
| Online Access: | https://en.legalbulletin.ru/data/documents/LB2022no3_6.pdf |
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| Summary: | The relevance of the article is determined by the exceptional social danger of terrorist communities and the crimes they commit. The inclusion in the criminal law of the norm establishing measures of responsibility for the organization of a terrorist community and participation in it, namely Article 205.4 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), is determined by changes in the forms of the modern terrorist threat. The purpose of the work is to characterize the signs of the corpus delicti provided for in Article 205.4 of the Criminal Code of the Russian Federation, and the practice of applying the specified legal norm. The author considers the legally significant signs of the specified corpus delicti in domestic legislation based on the analysis of normative legal acts and literary sources, judicial interpretation formulated in the resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 (ed. dated November 3, 2016). The article also touches upon the issues of qualification of the organization of a terrorist community and participation in it, including its differentiation from related elements of crime (first of all, the organization of the activities of a terrorist organization and participation in the activities of such an organization, Article 205.5 of the Criminal Code of the Russian Federation), which are set out taking into account the position of the Supreme Court of the Russian Federation. Examples from judicial practice of application of the norm of Article 205.4 of the Criminal Code of the Russian Federation are given, the features of such practice are indicated. In the final part, conclusions are drawn on the topic of the study.
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| ISSN: | 2658-5448 |