The peculiarities of codifying special conditions for exemption from criminal liability for the threat of committing a terrorist act

Abstract

Considering the events currently taking place in Ukraine, such as the annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, as well as the full-scale invasion initiated by the aggressor state eight years into the Russian-Ukrainian war, it is worth noting that these circumstances have led to an increase in terrorism incidents in Ukraine.According to a comprehensive study by the University of Maryland, Institute for Economics and Peace: Global Terrorism Index, Ukraine ranks 17th in terms of terrorism levels among 160 countries surveyed. Therefore, in the current reality, research on criminal offenses, particularly terrorist acts, is highly relevant. The codification of criminal liability for such a criminal offense has become particularly important today, as this crime undermines both public security and the security of the state as a whole.This article examines the peculiarities of codifying special conditions for exemption from criminal liability for the threat of committing a terrorist act. The article analyzes the legal aspects of this issue, taking into account the problems that may arise in the application of the provision that allows for exemption from liability for the commission of a terrorist act.The author focuses on the presentation of Part 6 of Article 258 of the Criminal Code of Ukraine in its current version, which pertains to the exemption of a person from criminal liability for the threat of committing a terrorist act.In exploring the conditions for exemption from liability for the threat of committing a terrorist act, as set out in Part 6 of Article 258 of the Criminal Code, attention is drawn to the presence of circumstances a terrorist act, as set out in Part 6 of Article 258 of the Criminal Code, attention is drawn to the presence of circumstances that must be taken into account when applying this provision.The article provides a comparative analysis of the provisions of Part 6 of Article 258 of the Criminal Code, which provides for exemption from criminal liability for the threat of committing a terrorist act, and Article 45 of the Criminal Code, which provides for exemption from criminal liability based on effective repentance. It also identifies the differences in the content of these provisions.