ST 205.4 of the Criminal Code of the Russian Federation.
1. Creation of a terrorist community, that is, a stable group of persons who have previously united for the purpose of carrying out terrorist activities or to prepare or commit one or more crimes provided for in Articles 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279 , 360 and 361 of this Code, or other crimes for the purpose of promoting, justifying and supporting terrorism, as well as management of such a terrorist community, its part or structural units included in such a community -
shall be punishable by imprisonment for a term of fifteen to twenty years with a fine in the amount of up to one million rubles or in the amount of the wages or other income of the convicted person for a period of up to five years, or without it and with restriction of freedom for a term of one to two years or life imprisonment freedom.
2. Participation in a terrorist community -
shall be punishable by imprisonment for a term of five to ten years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years.
Notes.
1. A person who voluntarily ceases participation in a terrorist community and reports its existence is exempt from criminal liability unless his actions contain another crime. The voluntary cessation of participation in a terrorist community cannot be recognized at the time or after the detention of a person or at the time or after the commencement of investigative or other procedural actions against him and knowingly for him.
2. Support for terrorism in this article, paragraph “p” of part one of Article 63 and the note to Article 205.2 of this Code means the provision of services, material, financial or any other assistance that facilitates the implementation of terrorist activities.
Commentary to Art. 205.4 of the Criminal Code
1. A terrorist community is a special manifestation of a criminal community (criminal organization) (see comments to Part 4 of Article 35 and Article 210 of the Criminal Code of Russia).
2. The objective side of the crime in Part 1 is characterized by alternatively provided actions: a) the creation of a terrorist community; b) leadership of such a terrorist community, its part or structural units included in such a community. Part 2 establishes liability for participation in a terrorist community. To understand the content of the relevant actions, you can use the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 10, 2010 No. 12 “On judicial practice in considering criminal cases involving the organization of a criminal community (criminal organization) or participation in it (it).”
3. Note 1 to the article, which applies only to criminal acts provided for in Part 2, provides a special basis for exemption from criminal liability in connection with active repentance.
Organization of a terrorist community and participation in it
1. Creation of a terrorist community, that is, a stable group of persons who have previously united for the purpose of carrying out terrorist activities or to prepare or commit one or more crimes provided for in Articles 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279 , 360 and 361 of this Code, or other crimes for the purpose of promoting, justifying and supporting terrorism, as well as the leadership of such a terrorist community, its part or structural units included in such a community -
are punishable by imprisonment for a term of fifteen to twenty years with a fine in the amount up to one million rubles or in the amount of wages or other income of the convicted person for a period of up to five years or without it and with restriction of freedom for a term of one to two years or life imprisonment.
2. Participation in a terrorist community -
shall be punishable by imprisonment for a term of five to ten years with or without a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years.
Notes.
1. A person who voluntarily ceases participation in a terrorist community and reports its existence is exempt from criminal liability unless his actions contain another crime. The voluntary cessation of participation in a terrorist community cannot be recognized at the time or after the detention of a person or at the time or after the commencement of investigative or other procedural actions against him and knowingly for him.
2. Support for terrorism in this article, paragraph “p” of part one of Article 63 and the note to Article 205.2 of this Code means the provision of services, material, financial or any other assistance that facilitates the implementation of terrorist activities.
Article 205.4.
Organization of a terrorist community and participation in it Commentary on Article 205.4
1. The social danger of this crime is that it can create conditions in society for preparation for carrying out terrorist activities or committing crimes specified in the law (by organizing for this specific terrorist community, leading it, its part or structural units included in such a community , or participation in it), undermine the foundations of public security in part aimed at preventing the organization of such criminal communities, propaganda, justification and support of terrorism. 2. Part 1 comment. The article gives the concept of a terrorist community , which is defined as a stable group of persons who have united in advance for the purpose of carrying out terrorist activities or to prepare or commit one or more crimes under Art. Art. 205.1, 205.2, 206, 208, 211, 220, 221, 277 - 279, 360, 361 of the Criminal Code, or other crimes for the purpose of promoting, justifying and supporting terrorism. At the same time, a terrorist community may consist of several parts and may include structural units. As follows from this legislative definition of a terrorist community, this concept is based on the characteristics of a criminal community (criminal organization) specified in Art. 35 of the Criminal Code (see commentary to it). To recognize an organized group as a terrorist community, a preliminary court decision on the liquidation of the organization in connection with the implementation of terrorist activities is not required (clause 22.2 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 No. 1). A structural unit (part) of a terrorist community is a functionally and (or) territorially isolated group, consisting of two or more individuals (including the leader of this group), which carries out criminal activities within the framework and in accordance with the goals of such a community. Such structural units (units) can not only commit individual terrorist crimes, but also perform other tasks to ensure the functioning of the terrorist community (for example, providing the community with weapons and other items used as weapons, producing leaflets, literature and other materials promoting or justifying terrorism). 3. The objective side of the crime in question is expressed in the creation of a terrorist community or in the leadership of such a community or part of it, or its structural units (Part 1 of the commentary article) or participation in a terrorist community (Part 2 of the commentary article). 4. The elements of the crime under consideration are formal . The creation of a terrorist community is considered a completed crime from the moment the terrorist community is actually formed, i.e. from the moment two or more persons unite into a stable group for the purpose of carrying out terrorist activities or for preparing or committing one or more crimes specified in the law, or other crimes for the purpose of promoting, justifying and supporting terrorism. The presence of such a goal may be indicated, in particular, by their commission of deliberate actions aimed at creating conditions for the implementation of terrorist activities or these crimes or indicating the readiness of the terrorist community to realize their criminal intentions, regardless of whether the members of the community committed the planned crime. The readiness of the terrorist community to carry out terrorist activities or commit these crimes can be evidenced, for example, by the achievement of an agreement between its participants on the promotion of terrorist activities, public justification of terrorism, etc. (see clause 22.3 of the Post. Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 N 1). The leadership of the terrorist community, its part or structural units is considered completed from the moment of the actual beginning of the fulfillment of such responsibilities for their management. Participation in a terrorist community is considered completed from the moment a person joins such a community with the intention of participating in terrorist activities or in the preparation or commission of one or more crimes specified in the law, or other crimes for the purpose of promoting, justifying and supporting terrorism (see paragraph 22.5 Resolution of the Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 No. 1). 5. The creation of a terrorist community means any actions aimed at its justification and organization, functioning, development of structure, charter, determination of location, selection and involvement of persons in its composition, their education, training, provision of living quarters, clothing, food, etc. .d. 6. The leadership of a terrorist community, its part or structural units included in such a community should be understood as the exercise of management functions in relation to such a community, its part or structural units, as well as its individual participants, both in the commission of specific terrorist crimes and in ensuring activities communities. Such leadership can be expressed, in particular, in the development of general plans for the activities of the terrorist community, in preparation for the commission of specific crimes of a terrorist nature, in the commission of other actions aimed at achieving the goals set for the terrorist community or the units included in its structure when they were created (for example ., in the distribution of roles between members of the community, in organizing logistics, in developing methods of committing crimes, in taking security measures against members of the terrorist community) (clause 22.4 of the Post. Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 N 1). 7. Participation in a terrorist community should be understood as the entry of a person into such a community with the intention of participating in terrorist activities or in the preparation or commission of one or more crimes specified in the law, or other crimes for the purpose of promoting, justifying and supporting terrorism, participation in preparation for the commission of these crimes or in the commission of such crimes, as well as the performance by a person of functional responsibilities to ensure the activities of such a community (supplying information, maintaining documentation, etc.). When a participant in a terrorist community commits a specific crime, his actions should be qualified according to the totality of crimes (clause 22.5 of the Post of the Plenum of the Armed Forces of the Russian Federation dated 02/09/2012 No. 1). 8. The subjective side of the crime is characterized by direct intent . The person is aware that he is creating a terrorist community, as well as leading it, its part or structural units included in such a community, and wants to create such a terrorist community, as well as leading it, its part or structural units included in it (Part 1 of the commentary of the article). ). When participating in a terrorist community, a person is aware of such participation and wishes to act in this way (Part 2 of the commentary of the article). A mandatory sign of the subjective side is the presence of a special purpose - carrying out terrorist activities, or preparing or committing one or more crimes under Art. Art. 205.1, 205.2, 206, 208, 211, 220, 221, 277 - 279, 360 and 361 of the Criminal Code, or other crimes for the purpose of promoting, justifying and supporting terrorism. Other crimes as any intentional crimes, the commission of which is aimed at achieving a special goal specified in the law - propaganda, justification and support of terrorism, for example. murder of a person in connection with the performance of official activities by that person or the performance of a public duty. The concept of supporting terrorism is given in paragraph 2 of the note. to comment article, which determined that under this in the comment. article, in clause “r”, part 1 of art. 63 of the Criminal Code and notes. to Art. 205.2 of the Criminal Code refers to the provision of services, material, financial or any other assistance that facilitates terrorist activities (see comments to these articles). Propaganda of terrorism as the dissemination and explanation in society of views, ideas, knowledge, teachings about the correctness and expediency of creating terrorist communities, participation in such communities, the need to commit any of the crimes of a terrorist nature, etc. On the concept of justification of terrorism, see commentary. to note Art. 205.2. 9. The subject of the crime is a sane individual who has reached the age of 16 (part 1) and 14 years of age (part 2). 10. In paragraph 1 note. to comment The article contains an incentive provision, according to which a person is exempt from criminal liability if he voluntarily ceased participation in the terrorist community and reported its existence and if his actions do not contain another crime. Voluntary termination of participation in a terrorist community means termination of participation of a person’s own free will if he has an objective opportunity to continue such participation. The voluntariness of cessation of participation in a terrorist community must also be combined with a message to the authorities, bringing to their attention in any form about the existence of a terrorist community. In addition, the law determines that participation in a terrorist community cannot be recognized as voluntary cessation at the time or after the arrest of a person or at the time or after the commencement of investigative or other procedural actions against him, known to him. By this it should be understood that the person is detained or investigative or procedural actions are being carried out with him specifically in relation to such criminal activity.
