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 same purposes - punishable by imprisonment for a term of eight 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 significant property damage or the onset of other grave consequences - are punishable by imprisonment for a term of ten 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) involve 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 on Article 205 of the Criminal Code of the Russian Federation
1. The objective side of the crime is characterized by the following alternative actions:
1) 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;
2) threat of committing the specified actions.
Other actions are an evaluative concept. They 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, and disabling life support facilities.
The threat of committing these actions is understood as a direct statement of a threat to commit a terrorist act, supported by the commission of actions indicating the reality of such an intention. The threat must cause the addressee a reasonable fear of its implementation.
2. The act must frighten the population, create a danger of death, causing significant property damage or other grave consequences. By frightening the population, a person strives to create a state of chaos in society, the emergence in a large number of people of a feeling of danger for their lives, health, safety of property, etc., i.e. destruction of the microclimate that has developed in a certain region.
3. The danger of death of a person is understood as the real possibility of causing death to at least one person.
4. Significant property damage must be determined taking into account the cost and significance of the destroyed or damaged property and material assets.
5. Other socially dangerous consequences in severity must be comparable to the risk of death of a person or causing significant property damage (for example: harm to human health; flooding of large areas of the territory where residential buildings, industrial or other buildings and structures are located; accident).
6. The crime contains elements of real danger. In the event of socially dangerous consequences, the act must be qualified under paragraph “b” or paragraph “c” of Part 2 or according to paragraph “b” of Part 3 of Art. 205 respectively.
7. The subjective side of the crime is characterized by direct intent and a special purpose - influencing decision-making by authorities or international organizations.
8. The subject of the crime is a sane person who has reached the age of 14.
9. Causing the death of a person through negligence during a terrorist act is qualified under paragraph “b” of Part 2 of Art. 205, intentional deprivation of life entails liability under paragraph “b” of Part 3 of Art. 205, additional qualifications under Art. 105 of the Criminal Code is not required.
10. Encroachment on objects using atomic energy (nuclear ships, nuclear power plants, space and aircraft, etc.) includes the commission of an explosion, arson and other actions aimed at putting them out of action.
11. 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).
12. The conditions for exemption from criminal liability for preparation for a terrorist act are set out in the note to Art. 205.
Commentary on Article 205 of the Criminal Code of the Russian Federation
The main object of a terrorist act is public safety and the normal functioning of government bodies. A characteristic feature of a terrorist act is the desire of the subject to sow fear among the population and paralyze the activities of state and public structures. The impact of a terrorist act is intended to affect an indefinitely large circle of people or specific authorities, and in some cases, specific officials.
In the Law of the Russian Federation of March 5, 1992 “On Security,” the concept of public security is defined as the state of protection of the vital interests of society, i.e. a set of needs, the satisfaction of which reliably ensures the existence and possibility of progressive development of society <1>. The main objects of security include: the individual - his rights and freedoms; society - its material and spiritual values; the state - its constitutional system, sovereignty and territorial integrity.
——————————— <1> Gazette of the SND and the Armed Forces of the Russian Federation. 1992. N 15. Art. 769.
An act of terrorism is one of the so-called conventional crimes. For example, terrorism is regarded as a crime by the Council of Europe Convention on the Prevention of Terrorism (concluded in Warsaw on May 16, 2005), the Shanghai Convention against Terrorism, Separatism and Extremism (concluded in Shanghai on June 15, 2001) and other international legal acts.
The optional object of the crime should be relations to protect human health and life, property relations.
The objective side of a terrorist act includes the following alternative actions: 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; 2) a threat to commit the specified actions.
An explosion is the ignition of something accompanied by a strong sound due to the instantaneous chemical decomposition of a substance and the formation of highly heated gases.
Arson is the intentional setting of something on fire.
Other actions mean, for example, causing an industrial accident, a train crash, poisoning sources of drinking water supply, the use of chemical, biological, bacteriological weapons against personally unidentified groups of citizens and other similar actions.
To determine the composition of a terrorist act, it is very important to establish the signs that characterize the actions that form the objective side of the crime. These characteristics include, first of all, the fact that these actions frighten the population. This sign means that a terrorist attack causes the population a feeling of anxiety for their health and their lives, the lives of loved ones, for the safety of property, for the ability to lead a normal, established, well-functioning lifestyle. Intimidation of the population is an objective characteristic inherent in a terrorist act, since it manifests itself in an attack on the main objects that make up the state of security.
Further. A terrorist act creates the danger of death, causing significant property damage, or causing other grave consequences.
The specified danger must be real, which is determined in each specific case based on the circumstances of the place, time, method of committing the crime and other circumstances of the case, for example, data on the number of people who were in the area of the explosion, the explosion in conditions of increased danger (for example, in the metro tunnel), etc.
The danger of human death means that there is a threat to the life of at least one person.
The significance of property damage also refers to concepts that must be assessed taking into account the specific conditions of the damage. In particular, when establishing the significance of the damage, one should take into account its nature, size, significance of the loss for a particular region and the consequences that the damage could cause (for example, paralysis of transport activities, shutdown of heating systems in winter as a result of failure of the power supply system).
Other serious consequences include disruption of the normal activities of institutions and organizations, destabilization of the situation, threat of harm to people’s health, etc. Like the factors listed above, other grave consequences are an evaluative concept, determined taking into account all the circumstances of the case.
The corpus delicti is formal. When an act of terrorism is committed in the form of an explosion, arson, or other actions, the crime is completed from the moment of their commission. However, the crime will only occur if the above actions created a real threat of socially dangerous consequences specified in the law. Therefore, for example, carrying out an explosion in a deserted area, when there was no danger of death, etc. cannot be regarded as a terrorist act.
An act of terrorism in the form of a threat to commit these actions is also a formal crime. In this case, the act will be completed from the moment the content of the threat is communicated to other persons. The method of expressing a threat can be different: a letter, a message by phone, on the Internet, a personal threat, etc. However, as before, the corpus delicti in the form of a threat will only exist when the perpetrator had the opportunity to actually carry it out. Otherwise, if there are grounds for this, we may not be talking about a terrorist act, but about a deliberately false report about an act of terrorism.
The subjective side of the crime is characterized by direct intent and a special purpose. The perpetrator realizes that he is committing an explosion, arson, etc., and wants to commit these actions. The purpose of a terrorist act is to influence decision-making by authorities or international organizations, i.e. the intention of the perpetrator to force them to commit illegal or disadvantageous actions or to make a decision beneficial to the terrorist.
In accordance with Art. 3 of the Constitution of the Russian Federation, government bodies should include state authorities and local government bodies of any level.
International organizations should include both governmental and non-governmental organizations, since the law does not establish restrictions in this aspect.
The absence of a special purpose excludes the presence of a crime under Art. 205 of the Criminal Code of the Russian Federation. So, for example, setting a car on fire out of revenge should be qualified under Part 2 of Art. 167 of the Criminal Code of the Russian Federation. If the intended purpose of the act is to cause damage to the economic system of the Russian Federation, the crime should be qualified not as a terrorist act (Article 205 of the Criminal Code of the Russian Federation), but as sabotage (Article 281 of the Criminal Code of the Russian Federation).
The subject of the crime is a sane person who has reached the age of fourteen years.
Responsibility for qualified types of terrorist acts is provided for in Part 2 of Art. 205 of the Criminal Code of the Russian Federation, the qualifying criteria are as follows.
Clause “a”, Part 2, Art. 205 of the Criminal Code of the Russian Federation - the commission of a terrorist act by a group of persons by prior conspiracy or by an organized group. A terrorist act is recognized as committed by a group of persons by prior conspiracy if it was attended by two or more persons who have the characteristics of a subject of a crime, who agreed in advance (before the explosion, arson or other actions or the threat of committing such actions) to jointly commit a crime. Each of the participants fully or partially fulfills the objective side of the crime, i.e. they are co-executors. They do not form a group of persons, for example, an accomplice and a performer.
The commission of a terrorist act by an organized group is recognized in cases where it involved a stable group of people who had united in advance to commit one or more crimes (Part 3 of Article 35 of the Criminal Code of the Russian Federation).
Unlike a group of people who have agreed in advance to jointly commit a crime, an organized group is characterized, in particular, by stability, the presence in its composition of an organizer (leader) and a pre-developed plan for joint criminal activity, the distribution of functions between group members in preparing to commit a crime and carrying out criminal intent.
The stability of an organized group can be evidenced not only by the long period of its existence, the repeated commission of crimes by members of the group, but also by their technical equipment, the duration of preparation of even one crime, as well as other circumstances (for example, special training of members of an organized group).
When crimes are recognized as committed by an organized group, the actions of all accomplices, regardless of their role in the crime, are subject to qualification as co-perpetrators without reference to Art. 33 of the Criminal Code of the Russian Federation.
If a person incited another person or group of persons to create an organized group to commit a specific crime, but did not directly participate in the selection of its participants, planning and preparation for committing crimes (crimes) or in their implementation, his actions should be qualified as complicity in the commission of an organized crime. group of crimes with reference to Part 4 of Art. 33 of the Criminal Code of the Russian Federation.
Clause “b” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation establishes liability for a terrorist act resulting in the death of a person through negligence. The subjective side of this qualified crime is characterized by two forms of guilt. The composition is material and will be completed only upon the death of a person.
To the qualified crime provided for in paragraph “c” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation also includes the commission of a terrorist act, as a result of which significant property damage was caused or other grave consequences occurred. This composition also belongs to the category of material compositions. The concept of significant property damage is estimated. The presence of this sign is established in each specific case based on the amount of damage, its volume, significance, etc.
Other serious consequences, as noted above, are, for example, harm to the health of many people, mass diseases of people with infectious diseases, etc. Unlike Part 1 of Art. 205 of the Criminal Code of the Russian Federation, the crime is completed only when the specified consequences occur.
When deciding on the qualification of a terrorist act that entailed the infliction of significant property damage or the onset of other grave consequences, one should pay attention to the fact that in the new wording of paragraph “c” of Part 2 of Art. 205 of the Criminal Code of the Russian Federation does not indicate the mental attitude of the perpetrator to the consequences. This means that such an attitude can be expressed both in negligence and in intent. Therefore, it should be concluded that, according to the current law, when committing a terrorist act and causing significant property damage or the occurrence of other grave consequences, regardless of the mental attitude of the perpetrator to them, additional qualifications are required under the articles of the Special Part of the Criminal Code of the Russian Federation, establishing responsibility for the commission of relevant crimes, for example for intentional destruction or damage to property (Article 167 of the Criminal Code of the Russian Federation) is not required.
Under nuclear energy facilities in accordance with Art. 3 of the Federal Law of November 21, 1995 “On the Use of Atomic Energy” refers to facilities that operate atomic (nuclear) energy in a normal mode, for example, nuclear icebreakers, power plants, spacecraft, as well as facilities for storing, producing, processing radioactive materials (nuclear storage facilities). weapons, scientific and production associations, for example "Mayak"). Encroachment on nuclear energy facilities means committing actions aimed at their destruction or disabling, regardless of whether this goal is achieved or not.
Committing a terrorist act using nuclear materials may mean exploiting the damaging factors of a nuclear explosion when using portable low-power nuclear weapons. It is also possible to use a so-called dirty bomb, which could lead to radioactive contamination of the area.
When using radioactive substances (for example, polonium, promethium, radium), it is possible to cause death or harm to the health of one or many people, or radioactive contamination of the area.
Illegal acquisition or theft of nuclear materials or radioactive substances preceding the commission of a terrorist act is subject to qualification in conjunction with Art. Art. 220, 221 of the Criminal Code of the Russian Federation.
Clause “b” of Part 3 of Art. 205 of the Criminal Code of the Russian Federation establishes liability for committing a terrorist act that resulted in the intentional death of a person.
This new version of the law actually means that committing a murder during a terrorist act does not now require, as before, additional qualifications under Art. 105 of the Criminal Code of the Russian Federation and does not form a set of crimes. According to the current version of Art. 205 of the Criminal Code of the Russian Federation, intentionally causing the death of a person (and this is an element of murder) is covered by the commented part of this article. With this approach, two intentional acts provided for by independent norms of the Criminal Code of the Russian Federation are combined into one. From our point of view, such a solution to the issue seems debatable from the standpoint of the doctrine of the elements of the crime, but, in addition, this approach of the legislator, it seems, will not contribute to strengthening the counteraction to crimes of a terrorist nature, if only because now the death penalty is punishable (although it and does not apply) is not included in the disposition of Part 3 of Art. 205 of the Criminal Code of the Russian Federation. In this regard, it is necessary to note the presence of a certain paradoxical situation when the sanction of the article of the Special Part of the Criminal Code of the Russian Federation for murder under aggravating circumstances provides for punishment in the form of the death penalty, and for the same murder that took place during the commission of a terrorist act, plus for the terrorist act itself such punishment not provided.
Article 205 of the Criminal Code of the Russian Federation contains a note providing for the possibility of releasing from criminal liability a person who participated in the preparation of a terrorist act if he, by timely warning the authorities or in another way, contributed to the prevention of an act of terrorism and if the actions of this person do not contain another crime.
This is an incentive norm aimed at preventing and preventing terrorist acts.
The first condition for exemption from criminal liability is timely reporting of an impending terrorist act. This condition means that the report must be made in advance so that the authorities have time to take appropriate measures to prevent the crime. The next condition is to warn the addressee specified in the law, i.e. in warning the authorities. Formally, the law does not limit the types of authorities that should be warned about an impending crime. Therefore, contacting any authorities should be considered fulfillment of this condition. The latter must either take appropriate measures themselves, or, in the absence of such an opportunity, report the crime to those authorities that can take such measures. At the same time, when deciding on exemption from criminal liability, the specific circumstances of the warning should be taken into account. Thus, if the culprit sends a warning about an impending crime to the village council, knowing that this will not lead to the prevention of the crime, since the council itself does not have the ability to prevent the crime, and it is not able to transfer information to the competent authorities, since there is no communication, such a warning cannot be considered timely.
The form and method of warning have no legal significance. It can be done in writing or orally, by telephone, using third parties, etc. But in this aspect, the important fact is that the perpetrator must be confident in the delivery of the message to the addressee.
And finally, the last condition established by the norm in question is the prevention of an act of terrorism. This condition means that the warning, information provided by the person participating in the preparation of the terrorist act, turned out to be useful and made it possible to prevent the commission of the specified act. Thus, preventing a terrorist act should be understood not as a process, but as a positive result of a person’s actions. Otherwise, if, despite the efforts of the person, an act of terrorism was committed, we could only talk about mitigating the punishment. Exemption from criminal liability is possible if the second condition is simultaneously present - the person’s actions must not contain any other corpus delicti.
Other assistance in preventing an act of terrorism can be expressed in other actions or inaction of a person: failure to deliver an explosive device to the designated place, transferring information to participants in a terrorist act about its cancellation, disarmament of participants in a terrorist act, etc.
Attention should be paid to the fact that the provisions of the note to Art. 205 of the Criminal Code of the Russian Federation can be implemented in cases where a terrorist act is being prepared by several persons and one of them decides to refuse to participate in the commission of the crime. If a terrorist act was prepared by one person, release from criminal liability upon renunciation of the crime can be carried out on the basis of Art. 31 of the Criminal Code of the Russian Federation.
Article 205. Terrorist act
1. Terrorism is one of the most dangerous crimes of our time, often having not only a national but also an international character. Terrorist acts come in many forms, but they all share two common elements. Firstly, they are aimed at undermining state power and, secondly, they create in the population a feeling of fear and helplessness that arises under the influence of organized and brutal terrorist violence.
2. The objective side of the crime provided for in Part 1 of the commented article consists of: a) actions specified in the disposition (explosions, arson or other actions) and creating a danger of death, causing significant property damage or other socially dangerous consequences, and b) threat performing the specified actions.
3. Actions other than explosions and arson may consist of causing accidents, catastrophes and crashes in transport, destroying buildings, cultural or religious buildings, radioactive, chemical, bacteriological or other contamination of the area, etc.
4. Determining the amount of property damage caused depends on the volume and cost of this damage, taking into account the real significance of the destroyed or damaged material assets.
5. For completed terrorism, the actual occurrence of those specified in Part 1 of Art. 205 consequences. It is only necessary that terrorist actions create a real danger of death, causing significant property damage, or causing other socially dangerous consequences.
6. The threat of committing terrorist acts is a type of mental influence on the authorities, objectively manifested externally (orally, in writing, by telephone or in another way). The threat is specified in intimidation by committing the actions specified in Part 1 of the commented article. The threat to commit other actions does not constitute terrorism, but may constitute another crime (see, for example, Art. 119, 296, 318).
7. Part 2 of the commented article provides for criminal liability for terrorism committed under aggravating circumstances.
8. On the concept of committing a crime by a group of persons by prior conspiracy, see the commentary to Art. 35.
9. On the concept of repetition, see the commentary to Art. 16.
10. A firearm is understood as a weapon designed to mechanically destroy a target at a distance with a projectile that receives directional movement due to the energy of a powder or other charge (Law of the Russian Federation “On Weapons” of 1993 - Gazette of the Russian Federation, 1993, No. 24, Art. 8601).
11. Part 3 of the commented article provides for liability for terrorism committed under especially aggravating circumstances.
12. On the concept of committing a crime by an organized group, see the commentary to Art. 35.
13. Other grave consequences (except for causing death by negligence) include: causing serious harm to the health of two or more persons, causing moderate harm to the health of many persons, interrupting the operation of transport for a long time, etc.
14. A subject of terrorism is a person over 14 years of age.
15. The subjective side of terrorism, provided for in Part 1 and Part 2 of the article under comment, as well as committed by an organized group (Part 3), is characterized by direct intent. The person is aware of the social danger of the actions he commits, and foresees the possibility or inevitability of those specified in Part 1 of Art. 205 consequences and desires or consciously allows their occurrence or is indifferent to them. A sign of the subjective side of terrorism is also the goal - violating public safety, intimidating the population, influencing decision-making by authorities.
The subjective side of terrorism, which through negligence has resulted in the death of a person or other grave consequences, is characterized by a double form of guilt (see commentary to Article 27) - direct intent in relation to terrorist actions and carelessness (both frivolity and negligence) in relation to those specified in Part 3 Art. 205 consequences.
16. Public security is the state of protection of the vital interests of society, i.e., a set of needs, the satisfaction of which reliably ensures the existence and possibility of progressive development of society (see Law of the Russian Federation “On Security” of 1992 - RG, 1992, May 6).
17. Intentional causing of death to a person during terrorist actions is not covered by the elements of terrorism and entails qualification in the aggregate according to the relevant points (depending on the circumstances of the case) Part 2 of Art. 105.
18. Note to Art. 205 provides for the condition for the release from criminal liability of a person who participated in the preparation of an act of terrorism in the event of his positive post-criminal behavior, unless his actions contain another crime.
19. A warning from the authorities should be considered timely if it is made before the start of an explosion, arson or other actions that create a danger of the consequences specified in Part 1 of the commented article, so that the authorities have a real opportunity to prevent an act of terrorism.
20. Another way to prevent an act of terrorism may involve independent actions by a person to prevent an explosion, arson, seizure of weapons or vehicles by criminals, etc.
Analysis of the object of the crime provided for in Article 205 of the Criminal Code of the Russian Federation
The article analyzes the object of the crime provided for in Art. 205 of the Criminal Code of the Russian Federation. An analysis of scientists' opinions on this issue was carried out.
Key words: terrorist act, object, additional object, direct object.
The significance of the object of the crime in the scientific literature is not subject to any doubt. The object of the crime is a complex, problematic and important institution of criminal law.
Correct identification of the object contributes to a more accurate classification of crimes. It is worth noting the importance of the object, which determines the degree and nature of public danger, which, of course, is of great importance when assigning punishment.
Thus, we believe that the question of the essence of the object of a crime is fundamental in the science of criminal law.
In the theory of criminal law, depending on the degree of specification, general, generic and direct objects of crime are distinguished, which form the basis for dividing the Special Part of the Criminal Code of the Russian Federation into sections, chapters and articles. Each subsequent of these objects is narrower than the previous one in volume, is part of it and is characterized by an additional feature. This classification, rightly notes N.A. Belyaev, is based on the correlation of the philosophical categories of general, special and individual, as a result of which specific social relations are recognized as the direct object of the crime [1].
According to V.P. Revin, the common object of all crimes is the totality of the most important, valuable, socially significant social relations protected by criminal law from criminal attacks, which, when committing a socially dangerous act, cause harm or create a real threat of causing this harm [2].
As V.V. Pitetsky notes, a generic object is recognized as a group of homogeneous social relations, which, due to this homogeneity, are protected by a single set of interrelated criminal law norms. These groups of homogeneous social relations are combined into sections of the Special Part of the Criminal Code according to certain criteria, general grounds: field of activity, characteristics of social connections, specifics of the subject or subject of relations, etc. [3].
Yes, Art. 205 of the Criminal Code of the Russian Federation is located in Section IX of the Criminal Code of the Russian Federation “Crimes against public safety and public order,” which makes it possible to designate the generic object of this group of crimes as a set of social relations that ensure public safety, as well as public order in the broad sense of the word.
The specific object of crime is a relatively narrow group of social relations, interests and values of a given type. As V.V. Pitetsky writes: “A species object is part of a generic object that unites even narrower and closer groups of relations. These groups of homogeneous social relations are combined into chapters of the Special Part of the Criminal Code within the framework of a generic object, also according to certain criteria of community [3].
Consequently, the specific object of a terrorist act is, in accordance with the title of Chapter 24 of the Criminal Code of the Russian Federation, social relations, the content of which is public safety, but in the narrow sense of the word, that is, as F. R. Sundurov and M. V. Talan write: “ the totality of such social relations as the protection of life and health of citizens; property interests of individuals and legal entities; public peace; normal activities of state and public institutions” [14].
The immediate object is a specific social relationship protected by criminal law that suffers damage as a result of the commission of a certain crime.
It is worth agreeing with the opinion of S.V. Dyakov and Yu.M. Antonyan about the multi-objective nature of terrorism; a terrorist act encroaches on the life and health of citizens, property, public safety and the normal functioning of government bodies [6].
Thus, according to A. N. Ignatov and V. P. Emelyanov, for terrorism to exist, an encroachment on one of the relevant objects contained in Article 205 of the Criminal Code of the Russian Federation is sufficient [4].
Based on the above positions, we can say that a terrorist act actually violates an indefinite range of social relations, such as human life and health, the safety of material values (property), and also harms the main constitutional objects of protection - the individual, society and the state, that is, it is multi-objective act.
In this regard, it is worth agreeing with the opinion of some authors about the need to improve criminal legal regulation in the field of terrorist acts with the inclusion and interpretation of the relevant acts as multi-object with the obligatory identification of main (main) and additional objects [5].
Therefore, we should talk about the main direct object (that is, to which the attack is directly directed and harm is always caused) and the additional object of the terrorist act.
Having analyzed the above, we can conclude that the opinions of scientists are unanimous that a terrorist act is a multi-objective crime, but they do not agree on what exactly are the direct and additional objects of a terrorist act.
Thus, the main direct object of a terrorist act is those specific social relations that are protected by criminal law and to which damage is caused by the crime [7].
When a terrorist act is committed, these are social relations, the content of which is the stability of the activities of government bodies or international organizations; an additional direct object is social relations in the sphere of ensuring the inviolability of human life and health, property relations and relations that ensure the normal functioning of government bodies and international organizations [8].
According to the position of V.L. Kudryavtsev, the conclusion about the main direct object is drawn from Part 1 of Art. 205 of the Criminal Code of the Russian Federation, and about the additional direct object from Part 2 and Part 3 of Art. 205 of the Criminal Code of the Russian Federation.
Some scientists, in particular V.V. Maltsev, believe that “there is only the main direct object of a terrorist act - social relations associated with maintaining public safety in the sphere of everyday life” [9]. In his opinion, public safety is a complex object that covers a variety of harm, which does not require additional objects in the form of a person, property, etc., because without causing harm to such benefits as life, health of people, property, etc. d. cannot be an encroachment on public safety. This position is shared by other scientists, for example, V. S. Komissarov [10, p. 49–50], S.I. Bushmin [3].
It seems that the understanding of the presence of additional objects of a terrorist act or their absence varies to a greater extent due to different substantive understanding of the main direct object of the crime in question. Scientists who put a broad definition into the understanding of public safety and say that without causing harm to life, health, property, etc., there cannot be an encroachment on public safety, and therefore they reasonably come to the conclusion that there is no additional object of the crime.
In conclusion, I would like to note the opinion of B. S. Nikiforov and G. P. Novoselov about the role of the direct object in the qualification and delimitation of crimes; there is one object - direct, the rest are assumed [13].
This position is also confirmed by M.F. Musaelyan, who argues that general, generic and specific objects are unreal objects, but generalized (abstract) concepts about the objects of specific criminal attacks, arising on the basis of information about the signs of specific phenomena [12].
Literature:
- Course of Soviet criminal law. General part T. 1 / Rep. ed.: Belyaev N. A., Shargorodsky M. D. - L.: Lening Publishing House. Univ., 1968. - p. 291–302.
- Criminal law of Russia. Special part: Textbook. 2nd edition, corrected and expanded / Ed. V. P. Revina. - M.: "Justitsinform", 2009. - p. 127.
- Criminal law. General part: textbook for bachelors / ed. ed. A. N. Tarbagaev. — 2nd ed., revised. and additional - M.: Prospekt, 2016. - p. 105.
- Emelyanov V.P. Terrorism and crimes with signs of terrorization: criminal legal research. - St. Petersburg: Legal Center Press, 2002. - p. 502.
- Minkovsky G. M., Revin V. P. Characteristics of terrorism and some directions for increasing the effectiveness of the fight against them / G. M. Minkovsky, V. P. Revin // State and Law. - 1997. - No. 8. - P. 88.
- Dyakov S.V. State crimes (against the constitutional order and security of the state) and state crime. - M.: Norma, 1999. - p. 275–276.
- Tatsiy V. Ya. Object and subject of crime in Soviet criminal law. - Kharkov, 1988. - p. 88.
- Kudryavtsev V.L. Delineation of a terrorist act from other related crimes / V.L. Kudryavtsev // Bulletin of the UPPI. - 2013. - No. 1. - p. 50.
- Maltsev V.V. Terrorism: the problem of criminal legal regulation / V.V. Maltsev // State and law. - 1998. - No. 8. - P. 106.
- Komissarov V.S. Terrorism, banditry, hostage-taking and other serious crimes against the safety of society. According to the new Criminal Code of the Russian Federation. - M.: Krosna-Lex, 1997. - p. 49–50.
- Criminal law. General part: textbook / A. F. Mitskevich [etc.]; resp. ed. A. N. Tarbagaev. - M.: Prospekt, 2011. - p. 402.
- Musayelyan M. F. Object of a terrorist act / M. F. Musayelyan // Military legal journal. - 2009. - No. 11. - p. 24.
- Nikiforov B.S. Object of crime according to Soviet criminal law. - M.: Gosyurizdat, 1960. - p. 108–109.
- Criminal law of Russia. Special part: Textbook / Ed. F. R. Sundurova, M. V. Talan. - M.: Statute, 2012. - p. 400.
