Russian Views on Countering Terrorism During Eight Years of Dialogue Extracts from Proceedings of Four U.S.-Russian Workshops (2009) / Chapter Skim
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Russian Legislation and the Struggle Against Terrorism--Mikhail P. Kireev
Russian Legislation and the Struggle Against Terrorism--Mikhail P. Kireev
Pages 9-18
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From page 9... ...
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 10... ...
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 11... ...
In addition, the actions carried out must be capable of facilitating the achievement of terrorist goals as described in Article 205, that is, frightening the population, violating societal security, and influencing the decisions of organs of power. 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.
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From page 12... ...
Even mere reports of possible actions that would create the danger of loss of life, significant property damage, or similar consequences are capable of creating panic among the population, producing disorder, disrupting the operations of transportation and other enterprises and institutions, and compelling state agencies to take complex and expensive preventive measures. 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.
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From page 13... ...
By comparing Article 31 of the Criminal Code and the footnote to Article 205, one may conclude that the referenced footnote refers only to those cases in which the criminal becomes involved in preventing a terrorist act voluntarily and not through pressure or force (for example, by being discovered and held to account) or because an individual stops a planned terrorist act in order to carry it through later at a more convenient time.
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From page 14... ...
The means chosen by the criminal are primarily aimed at harming the economy and military power of Russia. In the course of applying the new Criminal Code of the Russian Federation, a question might arise regarding the possibility of an ideal combination of terrorism and sabotage, that is, a situation in which the perpetrator fulfilled the requirements for committing both crimes in a single action (for example, an action carried out in a zone of internal armed conflict)
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From page 15... ...
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 16... ...
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 17... ...
; 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)
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