Krapiva I.I.
To the question about the notion of “crime of terrorist nature”
// National Security.
2016. № 5.
P. 611-617.
DOI: 10.7256/2454-0668.2016.5.18280 URL: https://en.nbpublish.com/library_read_article.php?id=18280
К вопросу о понятии «преступления террористического характера»
Krapiva Igor' Igorevich
PhD in Law
Senior Lecturer at the Far Eastern Law Institute of the Ministry of Internal Affairs of the Russian Federation, Vladivostok Branch, Department of Detective and Administrative Activities
690014, Russia, Vladivostok, ul. Krasnogo Znameni, 121, kv. 115
Abstract: The subject of this research is the normative-legal content of the notion of “crime of terrorist nature”. The analysis of the current legislation demonstrated that it is difficult to precisely assert which crimes are referred to as the “crimes of terrorist nature”. The aforementioned concept is revealed in the Federal Law “On Counteraction of Terrorism”, in which the normative-legal content of the terms “terrorist”, “terrorist activity”, and “terrorist act” carry a descriptive character without reference to precise compositions of crimes provided by the Criminal Code. The author underlines that in fact “terrorist activity” in the presented by a legislator formulation can contain crimes of extremist nature, as well as administrative offences. The author concludes that in the Criminal Code in the articles of special part that stipulate the responsibility for terrorist activity, the legislator provides the lists of crimes; however, these lists of crime in the criminal-legal regard carry an open character, and can be amended depending on their various interpretation. At the same time, for determination of a circle of crimes that requires the anti-terrorist counteractions by the law enforcement authorities, as well as formation of statistical reports, the Decree of The Prosecutor General's Office of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation N 65/11/1 from January 2, 2016 is applied; however, this order is considered as the bylaw normative legal act. For the target counteraction to terrorism, it is required to codify the list of the compositions of crimes that excludes their various interpretation.
