Improving criminal liability for financing terrorism

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Terrorism is a complex and multifaceted illegal phenomenon that is actively developing in the modern world. The dynamic transformation of this phenomenon requires constant resource support. In the context of widespread informatization and digitalization, the achievements of modern science and technology, as well as the reorientation of the population to function remotely on the Internet, are actively used to attract the necessary resources for organizing terrorist activities. Despite the fact that the current Russian legislation has long defined the specifics of criminal liability for the financing of terrorism, in practice this illegal behavior is actively improving, which gives rise to problems of its qualification, taking into account the existing criminal law norms. The purpose of the presented study is to analyze the state of the institution of criminal liability for the financing of terrorism and to determine the priority areas for its improvement, taking into account modern realities. The author comes to the conclusion that the current criminal law norms in this area do not take into account the realities of financial and information legal relations, which gives rise not only to impunity of specific individuals, but also contributes to the further spread of terrorist financing. Proposals for independent criminalization of terrorist financing are formulated, qualifying features of this act are defined. Attention is focused on the fact that the improvement of criminal-legal measures to combat terrorist financing is of paramount importance, since the scope of legal consequences for the guilty persons directly depends on the criminalization of this activity, and the possibilities of preventive action are significantly expanded.

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作者简介

Zaurbi Shkhagapsoev

Krasnodar University of the Ministry of Internal Affairs of Russia

编辑信件的主要联系方式.
Email: nfka599@yandex.ru
SPIN 代码: 7958-2960

Dr.Sci.(Law), Professor, Police Colonel, Head of the Institute; North Caucasus Institute for Advanced Studies (branch) 

俄罗斯联邦, Nalchik

Albert Tutukov

Krasnodar University of the Ministry of Internal Affairs of Russia

Email: nfka599@yandex.ru
SPIN 代码: 8425-5677

Cand.Sci.(Law), Associate Professor, Associate Professor of the Department of Actions of the Internal Affairs Directorate in Special Conditions; North Caucasus Institute for Advanced Studies (branch) 

俄罗斯联邦, Nalchik

参考

  1. Abramova A. A., Voronin S. E., Galimov O. Kh. Theory and practice of investigating the financing of terrorism. Krasnoyarsk: Siberian Institute of Business, Management and Psychology, 2023. P. 277 p.
  2. Bogmatsera E. V., Zhamborov A. A. Counteracting the financing of terrorism as an element of the counter-terrorism system at the national and international levels // Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin. 2023. No. 4. P. 25-30.
  3. Kindeeva A. A. Counteracting the financing of terrorism committed using digital and financial assets // Legal Science: History and Modernity. 2023. No. 7. P. 138-145.
  4. Code of the Russian Federation on Administrative Offenses of 30.12.2001 No. 195-FZ (as amended on 08.07.2024, as amended on 08.08.2024) // Collected Legislation of the Russian Federation. 2002. No. 1 (Part 1). Art. 1.
  5. Commentary to Art. 205.1 of the Criminal Code of the Russian Federation. Latest current version with comments. URL: http://stykrf.ru/205-1 (date of access: 15.09.2024).
  6. Concept of counteracting terrorism in the Russian Federation (approved by the President of the Russian Federation on 05.10.2009) // Rossiyskaya Gazeta. 2009. No. 198.
  7. Resolution of the Plenum of the Supreme Court of the Russian Federation of 09.02.2012 No. 1 "On Certain Issues of Judicial Practice in Criminal Cases Concerning Terrorist-Related Crimes" (as amended on 03.11.2016) // Bulletin of the Supreme Court of the Russian Federation. 2012. No. 4.
  8. Criminal Code of the Russian Federation of 13.06.1996 No. 63-FZ (as amended on 08.08.2024) // Collected Legislation of the Russian Federation. 1996. No. 25. Art. 2954.
  9. Faktov A.M. Main Directions for Improving Criminal-Law Measures to Counteract the Financing of Terrorist Activities // Humanitarian, Socio-Economic and Social Sciences. 2023. No. 10. P. 140-145.
  10. The FSB detained 49 accomplices of militants who sent money to Syria. URL: https://rg.ru/2024/02/26/fsb-zaderzhala-49-posobnikov-boevikov-otpravliavshih-dengi-v-siriiu.html (date of access: 15.09.2024).

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