ST 205 of the Criminal Code of the Russian Federation.
1. Committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other grave consequences, in order to destabilize the activities of authorities or international organizations or influence their decision-making, as well as the threat of committing these actions for the purpose of influencing decision-making by authorities or international organizations -
shall be punished by imprisonment for a term of ten to fifteen years.
2. The same acts:
a) committed by a group of persons by prior conspiracy or by an organized group;
b) resulting in the death of a person through negligence;
c) resulting in the infliction of significant property damage or the onset of other grave consequences, -
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of one to two years.
3. Acts provided for in parts one or two of this article, if they:
a) are associated with an encroachment on facilities using atomic energy or with the use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances;
b) entailed the intentional infliction of death on a person, -
shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.
Note. A person who participated in the preparation of a terrorist act is exempt from criminal liability if he, by timely warning the authorities or in another way, contributed to the prevention of the terrorist act and if the actions of this person do not contain another crime.
Commentary to Art. 205 Criminal Code
1. The objective side is characterized by alternatively provided actions. Their first group includes explosion, arson and other actions (cascades, landslides; distribution of toxic substances; damage to transport communications, etc.) that frighten the population and create the danger of death, causing significant property damage or other serious consequences ( radioactive, chemical or bacteriological contamination of the area, disabling life support systems, blocking transport communications, etc.). In this variety, a terrorist act is classified as a real danger and is recognized as a completed crime from the moment the listed actions are committed, regardless of whether the socially dangerous consequences, the threat of which was created, actually occurred.
2. The second group of alternatively provided actions is formed by the threat of committing actions included in the first group. Such a threat can be expressed in any form (orally, in writing, via means of communication; both anonymously and with an indication of the author) and must necessarily be of a subjectively real nature, i.e. cause the addressee reasonable fear of its implementation. Whether the threat was objectively real (i.e., whether the person making the threat took specific actions aimed at preparing for the implementation of the threat, and whether he intended to carry out the threat at all) has no criminal legal significance. In this variety, the composition is formal.
3. The subjective side is also characterized by the goal: to influence decision-making by authorities or international organizations or to destabilize their activities.
4. Parts 2 and 3 contain qualified and especially qualified elements of the crime. At the same time, a terrorist act qualified under paragraph “a” of Part 3 also requires qualification in conjunction with Art. 220 - 221 CC; on the contrary, a terrorist act that entailed the intentional infliction of death on one or more persons is qualified only under paragraph “b” of Part 3.
5. A circumstance excluding criminal liability for this crime is a voluntary refusal to commit a crime, the specifics of which, in relation to a terrorist act, are formulated in the footnote to the article.
Second commentary to Art. 205 of the Criminal Code of the Russian Federation
1. The objective side is characterized by the following alternative actions:
a) committing an explosion, arson or other actions that frighten the population and create a danger of death, causing significant property damage or other socially dangerous consequences;
b) the threat of committing the specified actions.
Other actions should be understood as actions that can cause consequences similar to an explosion and arson (for example, mass poisoning, the spread of epidemics and epizootics, blocking transport communications, disabling life support facilities, etc.).
The threat of committing these actions is understood as a direct statement to commit a terrorist act, supported by the commission of actions indicating the reality of such an intention. The threat must cause the addressee reasonable fear of its implementation.
2. A terrorist act is carried out in a place where people are located or valuable property is stored, or this act is initially aimed at destroying any significant building or structure.
The act must frighten the population, create a danger of death, causing significant property damage or other serious consequences.
The danger of death of a person, causing significant property damage or other serious consequences must be real, which is determined in each specific case taking into account the place, time, weapons, means, method of committing the crime and other circumstances (data on the number of people who were in the area of the explosion, about the power and lethality of the explosive device used, etc.).
Causing significant property damage as a result of a terrorist act is qualified under paragraph “c” of Part 2 of Art. 205 and additional qualifications under Art. 167 of the Criminal Code does not require it.
Other socially dangerous consequences must be comparable in severity to the risk of human death or causing significant property damage.
3. In the event of a real occurrence of socially dangerous consequences, the act will be qualified under paragraph “b” or “c” of Part 2 of Art. 205 or under paragraph “b” of Part 3 of Art. 205 respectively.
4. The subjective side is characterized by direct intent and a special purpose - destabilizing the activities of government bodies or international organizations or influencing decision-making by government bodies or international organizations.
The threat of committing the actions listed in Part 1 of Art. 205, entails criminal liability only if committed with the aim of influencing decision-making by authorities or international organizations.
5. The subject of the crime is a person who has reached the age of 14 years.
6. If a terrorist act is recognized as committed by an organized group, the actions of all its members who took part in the preparation or commission of this crime, regardless of their actual role, should be qualified under the relevant part of Art. 205 without reference to Art. 33 of the Criminal Code.
The actions of participants in a terrorist community or terrorist organization who committed a terrorist act must be qualified according to the totality of crimes provided for in Art. 205 and accordingly Art. 205.4, 205.5, 208 CC.
7. Causing the death of a person through negligence during a terrorist act is qualified under paragraph “b” of Part 2 of Art. 205, intentional - entails liability under paragraph “b” of Part 3 of Art. 205, additional qualifications under Art. 105 of the Criminal Code is not required.
8. Other grave consequences in relation to paragraph “c” of Part 2 of Art. 205 may include, in particular, causing serious harm to the health of at least one person, moderate harm to the health of two or more persons, disruption of the activities of government bodies, etc.
9. Encroachment on objects using atomic energy (nuclear ships, nuclear power plants, space and aircraft, etc.) constitutes an explosion, arson and other actions aimed at putting them out of action, regardless of whether it is achieved or not, whether the container in which nuclear fuel is transported has been destroyed or not.
The use of nuclear materials, radioactive substances or sources of radioactive radiation or poisonous, poisonous, toxic, dangerous chemical or biological substances means their actual use in the process of committing a terrorist act (for example, to produce an explosion).
10. The law provides for the possibility of exemption from criminal liability for preparation for a terrorist act if two conditions are met, enshrined in the note to Art. 205.
Criminal liability for financing terrorist organizations
The main trend of modern terrorism is to increase the level of financing of terrorist activities and the material and technical equipment of terrorist organizations. At the same time, one of the main external factors contributing to the emergence and spread of terrorism in our country is the financial support of Russian terrorist organizations from international ones.
For the first time, such a phenomenon as the financing of terrorism within the framework of international law was mentioned in the Declaration on Measures to Eliminate International Terrorism (approved by Resolution 49/60 of the UN General Assembly of 09.12.1994). At the end of 1996, the Assembly (subparagraph (f) paragraph 3 of UN General Assembly Resolution 51/210 of December 17, 1996) called on all states “to take steps to prevent, through appropriate domestic measures, the financing of terrorists and terrorist organizations, regardless whether such funding is provided directly or indirectly through organizations that also pursue, or claim to pursue, charitable, social or cultural purposes, or are also involved in prohibited activities such as arms trafficking, drug trafficking and extortion, including the use of persons for the purpose of financing terrorist activities.” As a result, by Resolution 54/109 of the UN General Assembly of December 9, 1999, the International Convention for the Suppression of the Financing of Terrorism was adopted, which entered into force on April 10, 2002.
In Resolution 1373, the UN Security Council on combating terrorism (adopted on September 28, 2001) calls on states to take additional measures to prevent and suppress the financing and preparation of any acts of terrorism on their territory. However, the Security Council also emphasized the need for states to criminalize “the willful provision or collection of funds by any means, directly or indirectly by their nationals or on their territory, with the intention that such funds should be used, or with the knowledge that they will be used, for the commission of terrorist attacks.” "
A comparative legal analysis of foreign criminal legislation showed that the process of criminalizing the financing of terrorism was carried out either through the introduction of an independent norm providing for liability for this crime (USA, UK, France and Austria), or by extending already existing norms on liability for complicity in the commission of terrorist crimes. nature in case of their financing (Germany and Spain). At the same time, in the UK, Germany and Austria, along with criminal punishment, confiscation of funds and property intended to finance terrorist activities or terrorist organizations is provided, and in the USA and France - all property of the person who committed this crime. In the UK, USA, France and Austria, criminal liability for committing this crime is also provided for legal entities.
At the CIS level, the signs of terrorist financing were first formulated in Art. 1 (basic concepts) of the Model Law “On countering organizations and individuals whose activities are aimed at carrying out acts of terrorism on the territory of other states”, adopted at the XXIV plenary meeting of the Interparliamentary Assembly of the CIS Member States (Resolution No. 24-5 dated December 4, 2004 ). The financing of terrorism was understood as the transfer in any form (openly, covertly, through intermediaries, etc.) to the organizers or perpetrators of acts of terrorism of funds or other property necessary to carry out an act of terrorism. Subsequently, the concept of terrorist financing was transformed. Thus, the CIS Model Law “On Combating the Financing of Terrorism”, adopted at the XXVI plenary meeting of the Interparliamentary Assembly of the CIS Member States (Resolution No. 27-6 dated November 16, 2006), understands the financing of terrorism as the provision or collection of funds or the provision of financial services with awareness that they are intended to finance the organization, preparation and commission of at least one of the acts defined by the norms of national legislation as crimes of a terrorist nature, or to support a terrorist organization. A similar definition of terrorist financing is contained in Art. 2 Treaty of the CIS member states “On combating the legalization (laundering) of criminal proceeds and the financing of terrorism” (2007).
This understanding of the financing of terrorism formed the basis for the construction of the norm of the Model Criminal Code for the CIS member states, which provides for liability for the financing of crimes of a terrorist nature or a terrorist organization (Article 177-2). Participating countries were asked to establish criminal liability for the financing of crimes of a terrorist nature or a terrorist organization, that is, for the provision, directly or indirectly, of funds or their collection, as well as the provision of financial or other related services or benefits for the purpose of using them in whole or in part.
As a result, in a number of CIS countries, anti-money laundering laws have been supplemented with provisions on the financing of terrorism. In addition, Russia, Belarus, Moldova, Azerbaijan, and Ukraine have introduced criminal liability for financing terrorism. The Criminal Code of Kazakhstan (Article 233-3) provides for liability for the financing of both terrorism and extremism.
According to estimates by the International Monetary Fund (IMF), the annual total budget of international terrorist organizations ranges from 5 billion to 20 billion dollars.
The legal basis for the fight against the financing of terrorism in the Russian Federation, in addition to international treaties, is the Criminal Code of the Russian Federation, Federal Laws dated 07.08.2001 No. 115-FZ “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism” and dated 06.03 .2006 No. 35-FZ “On countering terrorism”, decrees and orders of the Government of the Russian Federation, as well as regulatory legal acts of the Central Bank of the Russian Federation and Rosfinmonitoring (FSFM).
Criminal liability for financing terrorism was introduced into the Criminal Code of the Russian Federation by Federal Law No. 103-FZ of July 24, 2002. According to Part 1 of Art. 205.1 of the Criminal Code of the Russian Federation, this act is punishable by imprisonment for a term of 5 to 10 years with a fine of up to 500 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to 3 years or without it. Committing a crime by a person using his official position is punished even more severely: imprisonment for a term of 8 to 15 years with a fine of 500 thousand to 1 million rubles. or in the amount of wages or other income of the convicted person for a period of 3 to 5 years or without it (Part 2 of Article 205.1 of the Criminal Code of the Russian Federation).
Complicity in the commission of this crime, which means assistance with advice, instructions, provision of information, means or instruments for committing a crime or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to purchase or sell such items, is punishable by imprisonment for a term of 8 to 20 years.
In accordance with paragraph 16 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 02/09/2012
No. 1, terrorist financing should be recognized, along with the provision of financial services, the provision or collection of not only funds (in cash or non-cash form), but also material resources (for example, uniforms, equipment, communications) with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Art. Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278 - 279 and 360 of the Criminal Code of the Russian Federation, or to support an organized group, illegal armed group, criminal community (criminal organization), created or being created to commit at least one of these crimes (for example, systematic deductions or a one-time contribution to the general treasury, the purchase of real estate or payment of the cost of its rent, the provision of funds intended to bribe officials).
Persons using their official position should include both officials and state and municipal employees who are not classified as officials, as well as persons who permanently, temporarily or by special authority perform organizational and administrative or administrative functions in a commercial enterprise. organizations regardless of their form of ownership or in a non-profit organization that is not a state or municipal institution. Use of official position when committing crimes under Art. 205.1 of the Criminal Code of the Russian Federation, is expressed not only in the deliberate use by such persons of their official powers, but also in exerting influence, determined by the significance and authority of the position they occupy, on other persons in order to induce them to commit actions aimed at promoting terrorist activities.
It should be noted that in accordance with the note to Art. 205.1 of the Criminal Code of the Russian Federation, a criminal can be released from criminal liability if, by timely reporting to the authorities or otherwise, he contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, provided that his actions do not contain other elements of the crime.
Terrorist activities in the North Caucasus are financed from internal sources (this refers to criminal methods of self-financing, including drug trafficking, racketeering, arms trafficking, kidnapping for ransom, counterfeiting, smuggling, non-payment of taxes from the legal financial and economic activities of controlled companies) . The external channel is associated with the receipt of donations from Islamic charities and religious organizations in the countries of the Near and Middle East, as well as foreign ethnic diasporas.
In accordance with paragraph 1 of the Concept of Countering Terrorism in the Russian Federation, approved by the President of the Russian Federation on October 5, 2009, one of the main trends in modern terrorism is an increase in the level of financing of terrorist activities and the material and technical equipment of terrorist organizations. At the same time, one of the main external factors contributing to the emergence and spread of terrorism in our country is the financial support of Russian terrorist organizations from international terrorist organizations. In this regard, the main measures to prevent terrorism, along with political and socio-economic ones, include legal ones (implementation of the principle of the inevitability of punishment, including for the financing of terrorism).
