Abstract
In the early 2000s, the Russian legislator massively introduced the term “preventing crime” into regulations thus replacing the concept of “fighting against crime”. Thus, the changes influenced federal law No. 130-FZ “Combating Terrorism” dated 25 July 1998 and many other laws. The very concept of the state’s response to violation of the established prohibitions has changed. If in the old version of the laws, punishment for committing a crime was the main preventive measure, then in the new understanding the key efforts of the state should have been focused on preventing the very event of a crime. On the one hand, this is an absolutely correct step, since it is much more profitable for the state (in socio-economic, political and other respects) to keep the population from violating the established rules than to be forced to launch a complex and expensive criminal procedural mechanism (to identify, disclose, investigate crimes, consider them in court, execute punishment, etc.). On the other hand, in the new laws, the term “prevention” is used ambiguously, to both characterise “crime prevention” activities and characterise “crime control” activities. The research objective is to find the most optimal ways to eliminate theoretical and practical contradictions arising from the law enforcement in connection with the tautology of the texts of federal laws in the field of combating crime. In the course of the research, the dialectical method of cognition was used, as well as general scientific (analysis and synthesis, induction and deduction, logical, systemic and structural methods) and specific scientific methods of cognition (historical, statistical and formal-legal). It is proposed to unify the definition of “combating crime” by introducing the same definitions into the federal law “Operational Investigative Activity”, “Countering Terrorism”, and other regulatory documents related to “combating crime”.
Highlights
Changes in the social and political system in the 1990s in Russia inevitably affected all legislation which was supposed to reflect the realities of that time
Federal law No 144-FZ “Criminal Intelligence Activities” dated 12 August 1995 laid the foundations for this work by enshrining detection, prevention, suppression and solution of crimes among the priorities of the staff of criminal intelligence unit
Based on the definition in Article 3 of the federal law No 35-FZ, we can conclude that “countering terrorism” includes “prevention of terrorism”, which consists of preventing terrorism, identifying and eliminating the causes and conditions conducive to the commission of terrorist acts, and the fight against terrorism, that is the identification, prevention, suppression, solution and investigation of a terrorist act
Summary
Changes in the social and political system in the 1990s in Russia inevitably affected all legislation which was supposed to reflect the realities of that time. The “fight against terrorism” was understood as “activities to prevent, identify, suppress and minimise the consequences of terrorist activities” in the law. It is quite obvious that it is possible to “fight” with only crimes already in place, committed [3, 4] In 2006, the old law was replaced by a new one, namely the federal law No 35-FZ “Countering Terrorism” dated 06 March 2006. It changed the very concept of the state’s response to the violation of established prohibitions, terrorism had to be countered, while the fight became only part of the operations. The term “prevention”, according to the legislator, can simultaneously reflect the meaning of actions designed to prevent and combat terrorism, which contradicts all conceivable laws of logic
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