On Some Issues of Qualification of Crimes of a Terrorist Nature

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The purpose of this work was to study the problems of qualification of crimes of a terrorist nature. Since there is a clear surge in terrorist activity today, this aspect becomes especially relevant. There is not a single country in the world that has not faced the problem of terrorism at least once. Even the most developed of them are forced to take measures to counteract these crimes. Russia, like no one else, felt the full weight of these acts, so in 2006 a new law "On countering terrorism" was adopted, which was significantly updated compared to its predecessor, that is, expanded and tightened. The objectives of the study are to analyze the problems of qualification of crimes of a terrorist nature. So, the author highlights the most common of them. The problem of competition of legal norms and explanations of the Plenum of the Supreme Court of the Russian Federation (hereinafter referred to as the Supreme Court of the Russian Federation) is raised. Examples of controversial qualifications are given, such as, for example, justification of terrorism. The author also pays attention to the issue of the need to explain to citizens the essence of some legal norms, and the consequences for their violation, in particular, in relation to calls to educational institutions with a message about mining. The problem of the "finality" of the crime is also touched upon, that is, from what moment, criminal penalties can be applied to a person. Conclusions: The author points out the need to eliminate gaps in legislation as soon as possible, in order to eliminate the problems of qualification of terrorist crimes as soon as possible, namely, to formulate the concept of terrorist crimes as soon as possible, to try to eliminate competition of legal norms, that is, in fact, "duplication" of punishment for the same thing in different articles of the Criminal Code of the Russian Federation. The author emphasizes the need to conduct explanatory work with young people about the consequences of radical statements, "likes" to terrorist appeals on the Internet, justification of terrorism and the like, all this can be regarded by the legislator as assistance to terrorist organizations.

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作者简介

Lilia Taova

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Email: lilia-ord@mail.ru
Cand.Sci.(Law), Police Colonel, Associate Professor of the Department of Special Disciplines, Candidate of Legal Sciences Nalchik, Russia

参考

  1. European Convention on the Suppression of Terrorism ETS No. 090 (Strasbourg, January 27, 1977).
  2. Terrorism /URL: https://ru.wikipedia.org/wiki/Terrorism (accessed 02.12.2021).
  3. Federal Law "On Ratification of the European Convention on the Suppression of Terrorism" dated 07.08.2000 No. 121-FZ (latest edition) / ConsultantPlus.
  4. Criminal Code of the Russian Federation" (Criminal Code of the Russian Federation) dated 13.06.1996 N 63-FZ (last edition) ConsultantPlus.

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