Sabotage and terrorist act, qualification problems

Abstract

This article examines the problems of distinguishing the components of criminal offenses provided for in Art. 113 (sabotage) and Art. 258 (terrorist act) of the Criminal Code of Ukraine (hereinafter Criminal Code). With the help of the legislative framework: norms of the Code of Criminal Procedure, as well as doctrinal studies of scientists. The relevance of the topic of this study is due to the fact that in modern conditions in Ukraine there is a tendency to increase the number of subversive and terrorist acts, and the analysis of court practice shows that the question of the ratio of such crimes is solved in different ways. One of the leading areas of development of any country in the world is security, the threat of which is terrorist acts. And this is quite understandable, given its nature and migration processes in economically developed countries. As you know, terror (from the Latin terror - fear, horror) is a purposeful terrifying action, as well as an ideology of violence and the practice of influencing public consciousness, associated with intimidation of the population with various forms of illegal violent actions. This issue was studied by the following scientists: A.A. Music, E.V. Laschuk, V.V. Sychevskyi, E.I. Kharitonov, D.O. Oleinikov. Separate aspects of the terrorist act are considered by: V.F. Antipenko, V.V. Burega, G.S. Berest, V.A. Lipkan, V.V. Litvin, R.V. Mukoida, A.I.Pyasetskyi, M.V. Semikin, S.O. Solodovnikov and M.V. Ushich, as one of the ways of political struggle with the use of ideologically motivated violence.The article highlights the analysis of the elements of the composition of a criminal offense, such as a terrorist act and sabotage.To solve the task, the following algorithm for the analysis of relevant legislative provisions and theoretical concepts was proposed, which includes the following structural elements: 1) comparative analysis of criminal law norms on «sabotage» and «terrorist act»: a) establishing the same and different mandatory legal features included in the composition of these criminal offenses; b) comparison of the legislative constructions of the elements of a criminal offense and establishing their significance for the qualification of the latter; c) the punishment of criminal offenses and its significance for solving issues of their qualification; 2) establishment of the possibility of competition of norms provided for in Art. 113 and Art. 258 of the Criminal Code and the development of rules for the qualification of sabotage in such cases, as well as the separation of competition from the ideal and real combination of «sabotage» and «terrorist act».