1. A person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under this Code.
2. Crimes committed within the territorial sea or airspace of the Russian Federation are recognized as committed on the territory of the Russian Federation. This Code also applies to crimes committed on the continental shelf and in the exclusive economic zone of the Russian Federation.
3. A person who has committed a crime on a ship registered to a port of the Russian Federation, located in open water or airspace outside the Russian Federation, is subject to criminal liability under this Code, unless otherwise provided by an international treaty of the Russian Federation. Under this Code, a person who commits a crime on a warship or military aircraft of the Russian Federation, regardless of their location, also bears criminal liability.
4. The issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity if these persons commit a crime on the territory of the Russian Federation is resolved in accordance with the norms of international law.
- Article 10. Retroactivity of criminal law
- Article 12. The effect of the criminal law in relation to persons who have committed a crime outside the Russian Federation
Commentary to Art. 11 of the Criminal Code of the Russian Federation
Article 11 of the Criminal Code of the Russian Federation establishes the territorial principle of the criminal law. This principle, recognized by all developed countries of the world community, means applying to a person the law of the place where the crime was committed. In this regard, Part 1 of the commented article establishes a rule according to which a person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under the Criminal Code of the Russian Federation.
The territory of the Russian Federation is determined in accordance with the Law of the Russian Federation of April 1, 1993 N 4730-1 “On the State Border of the Russian Federation” (as amended by the Federal Law of August 22, 2004 N 122-FZ, as amended by the Resolution of the Constitutional Court of the Russian Federation dated November 11, 1997 N 16-P). The state border of the Russian Federation is a line and a vertical surface passing along this line that define the limits of the state territory (land, water, subsoil and airspace) of the Russian Federation, i.e. spatial limit of the state sovereignty of the Russian Federation.
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Gazette of the SND and the Armed Forces of the Russian Federation. 1993. N 17. Art. 594.
The passage of the State Border is established and changed by international treaties of the Russian Federation and federal laws.
Documents on changes, clarifications of the passage of the State Border on the ground, made in order to verify the State Border on the basis of international treaties of the Russian Federation, are put into effect in accordance with the legislation of the Russian Federation.
The passage of the State Border, unless otherwise provided by international treaties of the Russian Federation, is established:
a) on land - along characteristic points, relief lines or clearly visible landmarks;
b) at sea - along the external border of the territorial sea of the Russian Federation;
c) on navigable rivers - in the middle of the main fairway or thalweg of the river; on non-navigable rivers and streams - in their middle or in the middle of the main branch of the river; on lakes and other bodies of water - along an equidistant, median, straight or other line connecting the exits of the State border to the shores of a lake or other body of water. The state border passing along a river, stream, lake or other body of water does not move either when the outline of their banks or water level changes, or when the bed of the river, stream deviates in one direction or another;
d) on water reservoirs and other artificial reservoirs - in accordance with the State Border line that ran on the area before it was flooded;
e) on bridges, dams and other structures passing through rivers, streams, lakes and other bodies of water - in the middle of these structures or along their technological axis, regardless of the passage of the State Border on water.
Part 2 of Art. 11 of the Criminal Code of the Russian Federation establishes a provision according to which crimes committed within the territorial waters or airspace of the Russian Federation are recognized as committed on the territory of the Russian Federation. The Criminal Code of the Russian Federation also applies to crimes committed on the continental shelf and in the exclusive economic zone of the Russian Federation.
In accordance with the Federal Law of July 31, 1998 N 155-FZ “On internal sea waters, the territorial sea and the adjacent zone of the Russian Federation”, internal sea waters of the Russian Federation are waters located towards the coast from the baselines from which the width is measured territorial sea of the Russian Federation.
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NW RF. 1998. N 31. Art. 3833.
Inland sea waters include:
— ports of the Russian Federation, limited by a line passing through the points of hydraulic engineering and other permanent port structures that are most remote towards the sea;
- bays, bays, lips and estuaries, the shores of which completely belong to the Russian Federation, to a straight line drawn from coast to coast at the place of the highest low tide, where one or more passages are first formed from the sea, if the width of each of them does not exceed 24 nautical miles;
- bays, bays, lips and estuaries, seas and straits with an entrance width of more than 24 nautical miles, which historically belong to the Russian Federation, the list of which is established by the Government of the Russian Federation and published in “Notices to Mariners”.
The territorial sea of the Russian Federation is a sea belt adjacent to the land territory or internal sea waters with a width of 12 nautical miles, measured from the baselines connecting points whose geographical coordinates are approved by the Government of the Russian Federation.
A different width of the territorial sea may be established in accordance with international treaties of the Russian Federation or generally recognized principles and norms of international law.
The definition of territorial sea also applies to all islands of the Russian Federation. The external border of the territorial sea is the State border of the Russian Federation. The internal boundaries of the territorial sea are the baselines from which the width of the territorial sea is measured.
The sovereignty of the Russian Federation extends to the territorial sea, the airspace above it, as well as to the bottom of the territorial sea and its subsoil.
The territory of the Russian Federation also includes the continental shelf and the exclusive economic zone.
The concept of the continental shelf is given in the Federal Law of November 30, 1995 N 187-FZ “On the Continental Shelf of the Russian Federation”.
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NW RF. 1995. N 49. Art. 4694.
The continental shelf of the Russian Federation includes the seabed and subsoil of underwater areas located outside the territorial sea of the Russian Federation throughout the natural continuation of its land territory to the outer boundary of the underwater edge of the continent.
The underwater edge of the continent is a continuation of the continental massif of the Russian Federation, which includes the surface and subsoil of the continental shelf, slope and rise.
The definition of continental shelf also applies to all islands of the Russian Federation. The inner limit of the continental shelf is the outer limit of the territorial sea. The outer limit of the continental shelf is 200 nautical miles from the baselines from which the breadth of the territorial sea is measured, provided that the outer limit of the submarine margin of the continent does not extend more than 200 nautical miles. If the continental margin extends more than 200 nautical miles from the specified baselines, the outer limit of the continental shelf coincides with the outer limit of the continental margin as determined in accordance with international law.
The exclusive economic zone is defined by Federal Law of December 17, 1998 N 191-FZ “On the exclusive economic zone of the Russian Federation”. The exclusive economic zone of the Russian Federation is a maritime area located outside the territorial sea of the Russian Federation and adjacent to it, with a special legal regime established by this Federal Law, international treaties of the Russian Federation and international law.
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NW RF. 1998. N 51. Art. 6273.
The definition of an exclusive economic zone also applies to all islands of the Russian Federation, with the exception of rocks that are not suitable for supporting human life or for carrying out independent economic activities.
The internal limit of the exclusive economic zone is the external limit of the territorial sea. The external border of the exclusive economic zone is located at a distance of 200 nautical miles from the baselines from which the width of the territorial sea is measured, unless otherwise provided by international treaties of the Russian Federation.
Warships flying the flag of their state and military aircraft, regardless of their location, are also considered to be the territory of the Russian Federation; non-military ships and aircraft located outside the territory of foreign states. In this regard, in accordance with generally accepted norms of international law in Part 3 of Art. 11 of the Criminal Code of the Russian Federation includes a rule that a person who has committed a crime on a ship registered to a port of the Russian Federation, located in open water or air space outside the Russian Federation, is subject to criminal liability under the Criminal Code of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation. According to the Criminal Code of the Russian Federation, a person who commits a crime on a warship or military aircraft of the Russian Federation, regardless of their location, also bears criminal liability.
In addition, Art. VIII of the Treaty “On the principles of the activities of states in the use and exploration of outer space, including the Moon and other celestial bodies” (Moscow, Washington, London, January 27, 1967) it is established that the state party to the Treaty, in whose register an object launched in outer space, retains jurisdiction and control over such an object and over any crew of this object while they are in outer space, including on a celestial body. Therefore, the criminal law also applies to objects launched into outer space and their crews.
An exception to the provisions discussed above on the operation of criminal law in space and the territorial principle on the punishability of all persons who have committed crimes on the territory of the Russian Federation, according to the Criminal Code of the Russian Federation, are cases of crimes committed by diplomatic representatives of foreign states and other citizens enjoying diplomatic immunity. This provision is enshrined in Part 4 of Art. 11 of the Criminal Code of the Russian Federation, which states that the issue of criminal liability of diplomatic representatives of foreign states and other citizens who enjoy immunity, if these persons commit a crime on the territory of the Russian Federation, is resolved in accordance with the norms of international law. This provision of the criminal law is based on the norms of international law establishing the non-jurisdiction of certain categories of persons by the courts of the Russian Federation. This is the so-called extraterritoriality, or diplomatic or legal immunity.
This immunity extends to the territory of embassies, diplomatic missions, and also, in accordance with international treaties, to the territory where military bases of another state are located. Therefore, without the permission of the relevant officials of foreign states, representatives of the host country cannot enter these territories and cannot perform any actions there. Accordingly, certain categories of persons who are representatives of foreign states also enjoy legal immunity.
In particular, the issue of diplomatic immunity is resolved in the Vienna Convention on Diplomatic Relations (Vienna, April 18, 1961), Art. 31 of which the following provisions are established: a diplomatic agent enjoys immunity from the criminal jurisdiction of the receiving state. He also enjoys immunity from civil and administrative jurisdiction, except in cases relating to certain categories of claims. A diplomatic agent is the head of a mission or a member of the diplomatic staff of a mission, i.e. persons with diplomatic rank.
In accordance with international law, immunity extends to heads of diplomatic missions - ambassadors, envoys, chargés d'affaires, advisers, as well as members of diplomatic staff, trade representatives and their deputies, military, naval and air attaches and their assistants, first , second and third secretaries, attachés, family members of heads of diplomatic staff if they are not citizens of the Russian Federation and live together with the above persons.
Consular officials are not subject to the jurisdiction of the host country insofar as it relates to their official activities. The issue of immunity of consular officials is resolved on the basis of international agreements.
Diplomatic immunity also applies to representatives of foreign states, delegates, members of parliaments, governments arriving at international negotiations on official assignments, etc., as well as family members accompanying them, if the latter are non-citizens of the Russian Federation. Immunity in these cases is granted on the basis of reciprocity.
Representatives of international non-governmental organizations and journalists may also have the right of diplomatic immunity in accordance with international treaties.
On the basis of reciprocity by special international treaties, diplomatic immunity can be extended to other categories of persons, for example, to administrative and technical personnel of diplomatic missions (with the exception of citizens of the Russian Federation).
Persons enjoying immunity cannot, without their consent or the consent of the government of the country they represent, be prosecuted on the territory of the Russian Federation, detained, or involved in investigative actions. But the presence of immunity does not mean impunity for those who have it. They are required to comply with the laws of the host country. If they commit a crime, they can be prosecuted in the Russian Federation with the consent of the government of their country or on the territory of their own country. As a rule, in the Russian Federation such persons are declared “persona non grata” and are subject to deportation from its borders.
As noted above, a person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under the Criminal Code of the Russian Federation. At the same time, the criminal law provides for equal liability for citizens of the Russian Federation and for foreigners and stateless persons. A crime is considered committed on the territory of the Russian Federation both in cases where it was carried out on this territory in full or in part, and in cases where the preparation or attempt was carried out on the territory of a foreign state, and the crime was completed (the objective objective party to the formal corpus delicti or socially dangerous consequences have occurred due to the material corpus delicti) on the territory of the Russian Federation.
Commentary to Art. 9 of the Criminal Code
1. A criminal law that has entered into force in accordance with the established procedure is valid, unless its validity period has expired or it has not been repealed or amended by another law.
2. Laws are subject to official publication within seven days after the day they are signed by the President of the Russian Federation. Official publication is considered the first publication of the full text of the law in the Parliamentary Gazette, the Rossiyskaya Gazeta, the Collection of Legislation of the Russian Federation, or the first posting on the official Internet portal of legal information (pravo.ru).
3. As a general rule, federal constitutional laws, federal laws, acts of the chambers of the Federal Assembly come into force simultaneously throughout the entire territory of Russia ten days after the day of their official publication. However, the law itself may establish a different procedure for its entry into force.
4. According to Part 2 of Art. 9 of the Criminal Code, the time of commission of a crime (in relation to which the applicable criminal law is established) should be considered the time of commission of a socially dangerous action (inaction), regardless of the time of the onset of consequences. This provision is universal, since not all elements of a crime include as a mandatory sign of the occurrence of consequences (such a sign is absent in formal and truncated elements).
5. For continuing and continuing crimes, the law in force at the time of their actual termination should be applied. The following grounds can serve as the end of a continuing crime: the will of the guilty person (turning himself in); actions of law enforcement agencies (detention of a person); other circumstances that exclude a legal obligation to act in a certain way (death of a disabled parent). In a continuing crime, the actual end is the moment of commission of the last of a set of identical acts.
Judicial practice under Article 11 of the Criminal Code of the Russian Federation
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated May 29, 2018 N 35-APU18-5
In addition, Dalabaev was charged with actions committed on the territory of the Russian Federation, but the Prosecutor General's Office of the Russian Federation avoided checking these circumstances in accordance with the requirements of Art. Criminal Code of the Russian Federation and Art. Art. 144 - 145 Code of Criminal Procedure of the Russian Federation. Argues that the court's ruling did not take into account the provisions of the International Conventions that were signed by the Russian Federation prohibiting the extradition of persons accused of committing political crimes, or for the punishment of a person in connection with his race, religion, nationality and political opinions, as well as in the case if the extradited person's position could be harmed for any of these reasons. Provisions of Art. 3 of the UN Convention oblige competent authorities to take into account the existence in the requesting state of a constant practice of gross, flagrant and mass violations of human rights, however, the General Prosecutor's Office of the Russian Federation and the court did not check the possibility of torture against Dalabaev by the authorities of the Republic of Uzbekistan. The court did not take into account the position of the European Court of Human Rights, which noted the risk of ill-treatment by the Uzbek authorities in relation to this category of persons and Russia’s violation of Art. 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. A similar position was expressed in the report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment dated 30.08.2005 at the 60th session of the UN General Assembly.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated April 16, 2019 N 205-APU19-5
The defense’s assertion that convicts should not bear criminal liability under the criminal legislation of the Russian Federation contradicts the provision provided for in Part 1 of Art. The Criminal Code of the Russian Federation, according to which a person who has committed a crime on the territory of the Russian Federation is subject to criminal liability under the Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated July 4, 2018 N 4-APU18-24
in his appeal, lawyer T.V. Shirokov asks to cancel the court decision as illegal and unfounded. At the same time, the lawyer refers to the fact that the court approached his arguments formally about the existence of S.S. Zhalalov. a real possibility of becoming a victim of persecution on the territory of the Republic of Uzbekistan on the grounds of race, religion, nationality, membership of a particular social group and political beliefs; religious organization “Wakhobiy”, as well as the works of A.M. not prohibited on the territory of the Russian Federation; what exactly is the propaganda of religious extremism, separatism and fundamentalism in the actions of S.S. Zhalalov? not indicated in the materials provided by the requested party; documents from the criminal case against S.S. Zhalalov contain signs of forgery and falsification of charges; taking into account the fact that the incriminated Zhalalov S.S. the crime was committed on the territory of the Russian Federation, information about this crime had to be verified in accordance with the requirements of Art. Criminal Code of the Russian Federation and Art. Art. 144 - 145 of the Code of Criminal Procedure of the Russian Federation by law enforcement agencies of the Russian Federation, but they evaded this check; The Prosecutor General's Office of the Russian Federation and the court did not take into account the provisions of “international legal agreements” prohibiting the extradition of foreign citizens; the court ignored the practice of the European Court of Human Rights (ECtHR), indicating that in the Republic of Uzbekistan there is a danger for persons belonging to the same risk group as Zhalalov S.S.; persecution on political and religious grounds, persecution, repression, the use of torture and extrajudicial killings have become widespread and systemic in the Republic of Uzbekistan, which has been repeatedly recorded in the reports and recommendations of the UN Human Rights Council.
Determination of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated January 25, 2022 N 127-UD21-23-A3
— May 23, 2022 under clause “a”, part 2 of art. of the Criminal Code of the Russian Federation to 300 hours of compulsory work, on the basis of Part 5 of Art. of the Criminal Code of the Russian Federation to 320 hours of compulsory labor, unserved punishment - 228 hours); sentenced to imprisonment for:
