High-Impact Terrorism Proceedings of a Russian-American Workshop (2002) / Chapter Skim
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Russian Legislation and the Struggle Against Terrorism
Russian Legislation and the Struggle Against Terrorism
Pages 16-24
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From page 16... ...
Academy of the Ministry of Internal Affairs Terrorism, terrorists, and terrorist activity these concepts appear in the media practically every day, bringing horror and fear to the population and giving rise to unease and well-founded alarm for our present and our future. Let us try to get an understanding of the position of Russian legislation in the manner in which Russian laws protect the citizen from crimes of a terrorist nature, crimes with terrorist aspects, and terrorism itself, from the criminal-legal standpoint.
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From page 17... ...
The objective aspect of this crime lies in the perpetration of bombings, arson, or other actions creating a danger of loss of life, significant property damage, or other socially dangerous consequences (an analysis of statistical data shows that 35 percent of terrorist acts involve bombings)
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From page 18... ...
Therefore, the category of "other consequences" might include causing harm to the health of many people, making it impossible for the population to exercise its civil rights and freedoms, causing serious disruptions in the operation of vital services and organs of power, or leading to other such socially dangerous outcomes. At the same time, the new Criminal Code is similar to previous legislation in that it does not require that the above-listed consequences actually occur in order for terrorism to be recognized as a committed crime.
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From page 19... ...
It is for this reason that the new Criminal Code classifies as a completed terrorist act even a threat of universally dangerous actions made for terroristic purposes. Furthermore, the making of an intentional false report of an act of terrorism is also deemed to be a crime (Article 207 of the Criminal Code)
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From page 20... ...
Indeed, along with language on responsibility for terrorism, the new Russian Criminal Code also includes a standard on sabotage. Sabotage is defined as a bombing, arson, or other action aimed at destroying or damaging vital service facilities, enterprises, structures, means of communications, or the transportation infrastructure if committed for the purpose of undermining the economic security and defense capability of the Russian Federation (Article 281 of the Criminal Code)
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From page 21... ...
The choice of the target that the criminal aims to destroy or damage is the primary evidence indicative of sabotage-related goals. The Criminal Code lists the following possible targets in this category: facilities providing vital services to the population (heating plants, bakeries, medical and pharmacy establishments, water intake sites, etc.~; other enterprises and structures; radio, telephone, telegraph, and other communications-related facilities; bridges; roads; means of transportation; and other transport infrastructure-related sites.
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From page 22... ...
Examples of terrorism in the political sphere are not found only in universally dangerous actions aimed at influencing the activities of organs of power. Such terrorism can also appear in the form of specific terrorist acts committed for the purpose of halting the political activity of individual persons (Article 277 of the Criminal Code)
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From page 23... ...
However, the present law also recognizes as an act of terrorism an assassination attempt without any special goal, or only with the motive of revenge for political activity. Thus, "with regard to causing death to the victim, there can be both direct and indirect intent, as the presence of a motive necessarily presupposes direct intent with regard to the action but not necessarily to the result of that action." The motive can determine the action itself but can be aimed at another result; in that case, indirect intent is possible with regard to the anticipated result of the terrorist act (death)
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From page 24... ...
; sabotage of a Russian military or economic target located outside the borders of the Russian Federation (Article 281~; a terrorist act against a Russian state or public figure who is temporarily abroad committed in connection with the victim's official activities but in the interests of our country (Article 277~. From this analysis, it is obvious that the struggle against terrorist activity is effective when it is legal, uncompromising, and correctly qualified, that is, differentiated from other types of crimes that may include elements of terrorization.
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