Organizing an armed rebellion or active participation in it for the purpose of overthrowing or violently changing the constitutional system of the Russian Federation or violating the territorial integrity of the Russian Federation -
shall be punishable by imprisonment for a term of twelve to twenty years with restriction of freedom for a term of up to two years.
- Article 278. Forcible seizure of power or forcible retention of power
- Article 280. Public calls for extremist activities
Commentary to Art. 279 Criminal Code
1. The objective side is expressed in the form of actions: a) organization of an armed rebellion; b) active participation in it. A rebellion is a planned, armed uprising (uprising) organized with the aim of overthrowing or violently changing the constitutional system of the Russian Federation or violating the territorial integrity of the Russian Federation. The sign of armament means the presence and (or) use by participants of the rebellion of firearms, cold steel, gas, pneumatic weapons, ammunition, explosives and devices, other military weapons and military equipment. This does not mean that every rebel must be armed at all times.
Organizing an armed rebellion is the act of planning, recruiting and training participants, distributing roles between them, or leading a planned, armed uprising. Active participation in an armed rebellion is the direct commission of actions aimed at carrying out a planned, armed uprising and achieving its goals.
This crime should be distinguished from the crime provided for in Art. 208 of the Criminal Code.
2. The crime is considered completed from the beginning of the armed uprising, regardless of the onset of consequences and achievement of the set goals.
3. Special subject: organizer or active participant in an armed rebellion who has reached the age of 16. Other participants in an armed rebellion are subject to criminal liability for crimes actually committed during the rebellion.
