On Improving the Efficiency of Criminal Law Counteraction to Terrorism

Abstract

The subject of research is the norms of the Criminal Code of the Russian Federation (further referred to as the CC RF) aimed at counteracting terrorism. After the enaction of the key counterterrorism Federal Law “On Counteracting Terrorism”, the CC RF was supplemented by a set of new antiterrorist Articles (2051–2056), which considerably improved its counterterrorist potential and the criminal law protection of individuals, the society and the state against terrorist threats. Meanwhile, the current counterterrorist norms have certain faults. The definition of terrorist activities is inconsistent: Art. 3 of the Federal Law “On Counteracting Terrorism” and Art. 2052 of the CC RF offer different interpretations, which contributes to contradictions in investigation and court practice. The solution can lie in introducing a unified definition of terrorist activity, and the definition in the edition of the CC RF (Art. 2052) looks preferable. It is suggested to reconstruct formal elements of crime under Art. 2052 the CC RF (in the part regarding the public justification of terrorism, by introducing an administrative prejudice), and Art. 205 and 207 (by making the threat of committing a terrorist act as separate crime, encompassing false information on terrorist acts against objects of social infrastructure or with the purpose of destabilizing the work of public authorities). The author presents some ideas on the legal support of planting an undercover police officer in criminal, including terrorist, organizations. The author also suggests the wording of amendments to Art. 75 of the CC RF and Art. 28 of the Criminal Procedure Code of the RF, as well as the introduction of false complicity — a new circumstance excluding the criminal character of the action.