CC BY
54__JURISPRUDENCE / <<€©LL©qunUM"J©UrM&L>>ff16g03,2019
UDC 343.3/.7
Serebrennikova A. V.
Doctor of law, Professor of criminal law and criminology Moscow state University. M. V. Lomonosov
Russia, Moscow Lebedev M. V.
Postgraduate student, Department of criminal law and criminology Moscow state University M. V. Lomonosov, Russia, Moscow DOI: 10.24411/2520-6990-2019-10523 TERRORISM - NEW CHALLENGES OF THE MODERN TIME
Abstract
The relevance of the article lies in the fact that the problem of the spread of terrorism is one of the most global and large-scale for the entire world community. Terrorism in our time integrates with organized crime, easily overcomes state borders, causing irreparable damage to both the national security of individual states and international stability as a whole.
Key words: The Russian Federation, criminal legislation, terrorism, terrorism financing, anti-terroristic policy, act of terrorism.
The terrorism is an ideology that is opposed to the basic humanitarian society values and is willing to frighten the population and destabilize the activities of state institutions, an ideology of total destruction and brutal violence. "Terrorism bears a high degree of public danger and is sometimes uncontrolled by the will of the states that, for the most part, act in a non-coordinated way"[4, p.46]. The awareness of this fact makes the world community sharply raise the issue of countering terrorism, find ways to overcome differences and look for the ways of international cooperation. It is obvious that today there are gaps in the laws of individual states at the national level, and as a result there are imperfections in legislative and law enforcement practices. Using these gaps, terrorist organizations increase the number of terrorist acts committed by them, using, as a rule, attracted funds from interested "investors", thereby turning their activities into a profitable business. Among such interested entities there can be emphasizes the non-governmental organizations and various shadow funds, political parties and governments of various states, as well as separate interested individuals and commercial organizations.
The committed terrorist acts, including those involving the taking of hostages, are widely covered in the media, and the taking of hostages attracts public attention by putting forward demands, usually political, with attracting the attention of the public. Such crimes are dangerous due to their destabilization of the order in the society, undermining the authority of the state in the eyes of its own population, and also their negative impact on international relations and international cooperation.
The disadvantages of legislative regulation also include the lack of common methods to counter terrorist crime, both at the level of individual states and in the international space. As a result, we can observe how the organizations being banned in one country are full participants in civilian circulation in other countries. We can review these organizations on the example of totalitarian sects, religious radical movements, as well as nationalist and separatist organizations, for example, Basques.
The terrorism phenomenon acquired a truly catastrophic scale in the 20th century. The greatest peak of the terrorist acts committed in Russia, which caused the greatest public reaction, appeared to be at the beginning of the year 2000. The legislator was faced with a situation where it became necessary to introduce tough measures to combat terrorism, in particular, to counter crimes characterized by a high content of public danger. So there was a separation of a separate group of cor-puses delicti of crime that received the name of terrorist crimes. This category first appeared in the Federal Law No. 103-FZ dated July 24, 2002, but did not find official fixation in the Criminal Code and is used, as a rule, to characterize a separate group of crimes with common features.
In this regard, "Russian politicians and scientists have repeatedly noted the need for the fastest development and signing of the Comprehensive Convention on International Terrorism" [2, p.32].
Faced with a complex terrorist situation, having overcome the most difficult time for the people marked by the terrorist acts in Budennovsk, Beslan, in Du-brovka theater in Moscow, etc., Russia has shown with its bitter experience that the terrorism is that absolute evil which should be reproved everywhere in any modern civilized society and that such crimes cannot evoke sympathy or be justified in any way. Till now, trials and appeals in cases of the terrorist attacks in Dubrovka theater and the taking of hostages in Budennovsk hospital continue, as evidenced by the Appeal ruling of the Supreme Court of the Russian Federation N 205-APU18-33 of January 10, 2019 under the case of the terrorist B.B. Daudov "The court established that on June 14, 1995, B.B. Daudov joined a stable armed group (gang) under the leadership of S.S. Basayev... Having attacked the hospital, the gang members took about 450 medical personnel and 650 patients as hostages... as a result of the gang's armed attack 129 people died, 317 people suffered damage to health of varying severity, including: 46 - grave harm to health.. The sentence of the North Caucasian District Military Court of June 14, 2018 against Badruddi Baudinovich Daudov shall be left without changes, and the appeals of the
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convicted B.B. Daudov and the lawyer A.V. Gurov shall be left without satisfaction" [7]. "Russia has repeatedly encountered terrorist acts; therefore, our country has accumulated a significant experience in preventing terrorist acts and in countering terrorism" [6].
The statistical data on registered terrorist crimes is characterized by the following dynamics: in the year
2014 - 1,226 (+70.5%), in the year 2015 - 1532 (+ 38.5%), in the year 2016 - 2227 (+ 44.8%), in the year 2017 - 1871 (-16.0%), in the year 2018 - 1679 (-10.3%) - crimes of a terrorist nature [1]. According to the portal of legal statistics for the same period, there were revealed: in the year 2014 - 513 (+38.6%), in the year
2015 - 609 (+ 18.7%), in the year 2016 - 653 (+ 7.2%), in the year 2017 — 873 (33.7%), in the year 2018 — 753 (-13.7%) of all persons who committed crimes of a terrorist nature. [3]
Thus, in accordance with the report of the Prosecutor General Y.Y. Chaika pronounced at the final meeting of the Council of Federation of the Federal Assembly of the Russian Federation of April 18, 2018, "... in the year 2017, the number of terrorist crimes decreased by 16% (compared to the previous year), and more than 25 terrorist acts attacks were prevented in the Russian Federation during the reporting period [1]." However, as Yuri Chaika pointed out in his report, during this period, an intensive work was carried out to counter extremism and terrorism in a reinforced mode. These results were achieved as a result of the coordinated work of the prosecutor's office and all law enforcement agencies that worked to prevent terrorist attacks in the run-up to the World Cup in 2018, which in a special way helped eliminate many potential terrorist threats.
Among the crimes of a terrorist nature, special attention is paid to the terrorist act in Article 205 of the Criminal Code of the Russian Federation, as well as the taking of hostages in Article 206 of the Criminal Code of the Russian Federation. These crimes are fixated in Chapter 24 of the Criminal Code of the Russian Federation, which is dedicated to the crimes against public safety.
It can be stated that today we are faced with a situation where there are a number of gaps and inaccuracies in the current criminal law, which significantly complicate the process of qualifying the crimes of this group. One of these problems is that at the present time there are no definitions of many categories in criminal law, such as a terrorist act, a taking of hostage, which dictates the need to bring the legislation in line with international legal norms and adapt it to work in a hostile environment to counteract terrorist crimes. There are
still problems with a number of features of corpus delicti, which must be determined in order to properly qualify the crimes and delimit them from adjacent structures.
So one of the main problems facing the law enforcer is the problem of the qualifications of the crimes committed according to the objective and subjective features of the elements of the corpuses delicti, the criminal responsibility for which is provided for in the norms of Article 205 and Article 206 of the Criminal Code of the Russian Federation. Errors in qualifications lead to lengthy lawsuits involving the resources of the judicial system.
In turn, delays in these processes lead to unreasonable expenses of the state for the administration of justice, and ultimately falls on the shoulders of taxpayers.
The authors conclude that in modern science of criminal law, these aspects are not sufficiently developed. According to the author, the main difficulty lies in the delimitation of the crime from related structures. As a rule, such crimes are not committed in "pure" form, but in combination with other crimes.
Bibliography
1. Registered Crimes of Terrorist Nature // Legal Statistics Portal of the Prosecutor General's Office of the Russian Federation [electronic resource] - Access mode: URL: http://crimestat.ru/offenses chart (the date of appeal: 18.02.2019)
2. Report of the Prosecutor General of the Russian Federation Y.Y. Chaikas at the Meeting of the Federation Council of the Federal Assembly of the Russian Federation // http://genproc.gov.ru/
3. Revealed Persons Who Have Committed Crimes of a Terrorist Nature // Legal Statistics Portal of the Prosecutor General's Office of the Russian Federation [electronic resource] - Access mode: URL: http://crimestat.ru/offenses chart (the date of appeal: 19.02.2019)
4. Serebrennikova A.V., Lebedev M.V. Terrorist act and related formal components: delimitation problems в журнале Spirit-Time ISSN 2522-9923 Berlin. Germany, 2018, No. 4, p. 46
5. T.N. Moskalkova. International Legal Regulation of the Fight against Terrorism in the Russian Federation // Legal world. Year 2007. No. 5 P. 31-33
6. Z.S. Matchanova. Factors of the Spread of Terrorism in Modern Russia: a Criminological Analysis, the Abstract. of the Dissertation ... of the Candidate of Legal Sciences. Kaliningrad, year 2016.
7. http://www.consult-ant.ru/cons/cgi/online.cgi?req=doc;base=ARB002;n=5 70321#06490879127898814, the date of appeal to the electronic resource is 02.02.2019.
