1. Committing an explosion, arson or other actions outside the territory of the Russian Federation that endanger the life, health, freedom or integrity of citizens of the Russian Federation in order to disrupt the peaceful coexistence of states and peoples or directed against the interests of the Russian Federation, as well as the threat of committing these actions -
shall be punished by imprisonment for a term of ten to twenty years or life imprisonment.
2. Financing the acts provided for in the first part of this article, inducing, recruiting or otherwise involving a person in their commission, or arming or preparing a person for the purpose of committing these acts -
shall be punishable by imprisonment for a term of eight to twenty years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.
3. Acts provided for in the first part of this article, resulting in the death of 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.
President of Russian Federation
B. Yeltsin
Moscow Kremlin
June 13, 1996
N 63-ФЗ
Commentary to Art. 361 of the Criminal Code of the Russian Federation
1. The UN Security Council Declaration on Global Efforts to Combat Terrorism dated November 12, 2001 notes that acts of international terrorism constitute one of the most serious threats to international peace and security in the 21st century and are a challenge for all states and for all humanity, threaten the lives of innocent people and the dignity and safety of people everywhere, threaten the social and economic development of all nations and undermine global stability and prosperity. ——————————— See: Diplomatic Bulletin. 2001. N 12. P. 109 - 110.
The commented article gives the concept of an act of international terrorism, which, in contrast to the terrorist act defined in Part 1 of Art. 205 of the Criminal Code (see commentary to it), is committed outside the Russian Federation. (For the concepts of “territory of the Russian Federation”, “committing a crime outside the borders of the Russian Federation”, see the commentary to Articles 11 and 12.)
The main object of an act of international terrorism is public relations to ensure the public safety of citizens of the Russian Federation who are outside its borders or the interests of the Russian Federation. An additional object is the life, health, freedom or inviolability of citizens of the Russian Federation who are abroad.
A citizen of the Russian Federation is understood as a person who has citizenship of the Russian Federation, as well as a citizen of the Russian Federation who also has citizenship of a foreign state. According to Part 1 of Art. 6 of the Constitution, citizenship in the Russian Federation is acquired and terminated in accordance with federal law, and is uniform and equal, regardless of the grounds for acquisition. Such a law is Federal Law No. 62-FZ of May 31, 2002 “On Citizenship of the Russian Federation”.
Actions directed against the interests of the Russian Federation mean acts provided for by the Special Part of the Criminal Code of the Russian Federation.
The concept of “public safety”, the basic principles and content of activities to ensure it are established by the Federal Law of December 28, 2010 N 390-FZ “On Security”.
2. The objective side of an act of international terrorism consists of alternative actions: 1) committing an explosion, arson, or other actions that endanger the life, health, freedom or integrity of citizens of the Russian Federation or are directed against the interests of the Russian Federation; 2) the threat of committing the specified actions.
Explosion, arson and other actions are methods of committing a crime. Other actions mean socially dangerous actions that can cause the same consequences as an explosion or arson (for these concepts, see the commentary to Part 1 of Article 205).
A mandatory feature of the objective side of a crime is the place where such actions were committed—outside the territory of the Russian Federation.
3. The crime is considered completed from the moment the actions provided for in Part 1 of Art. 361 of the Criminal Code of the Russian Federation, endangering the life, health, freedom or integrity of at least one citizen of the Russian Federation, or directed against the interests of the Russian Federation, or the moment a threat arises. To endanger means that either the life, or health, or freedom, or inviolability of a citizen of the Russian Federation becomes the subject of such criminal actions and is placed in real danger of consequences in the form of death, harm to health of any severity, restriction of freedom, violation of personal integrity, both physical and and moral (honor and dignity) from criminal attacks.
The threat of committing an act of international terrorism entails liability regardless of the intention of the perpetrator to carry it out or the possibility of its implementation. The threat can be open, anonymous, oral, written, by telephone, using other technical means of communication, the media, etc.
The actual occurrence of these consequences forms qualified types of an act of international terrorism or is classified in combination with other crimes.
4. The subjective side of an act of international terrorism is characterized by intentional guilt in the form of direct intent. The person realizes that he is committing an explosion, arson or other actions that endanger the life, health, freedom or integrity of citizens of the Russian Federation or are directed against the interests of the Russian Federation, or is aware of the threat of committing these actions, and wishes to act so.
An obligatory feature of the subjective side of an act of international terrorism is a special goal - a violation of the peaceful coexistence of states and peoples or the commission of an act directed against the interests of the Russian Federation. The peaceful coexistence of states (the main political organization of society that manages it and protects the economic and social structure) and peoples (the population of states, residents of countries) presupposes the simultaneous existence of different states and peoples in harmony with each other, in the absence of hostility, quarrels, or war between them. If an act of international terrorism is committed, this peaceful coexistence may be disrupted.
The motive for the crime is not a mandatory feature and does not affect the qualification of the crime.
5. The subject of the crime is a sane individual who has reached the age of 14.
6. The qualifying features of an act of international terrorism (Part 2) include: a) financing of acts provided for in Part 1 of Art. 361; b) or involvement in their commission. Such actions constitute assistance to terrorist activities.
The concept of “financing an act of international terrorism” should be defined through the concept of “financing of terrorism” given in paragraph 1 of the note. to Art. 205.1 of the Criminal Code (see commentary to it).
The preamble to the International Convention for the Suppression of the Financing of Terrorism of 12/09/1999 states that the number and severity of acts of international terrorism depend on the funding to which terrorists can access. ——————————— NW RF. 2003. N 12. Art. 1059.
Involvement in the commission of an act of international terrorism means inducement, recruitment or other actions aimed at committing this crime. (For such actions, see the commentary to Part 1 of Article 205.1.)
7. A special qualifying feature of an act of international terrorism (Part 3) includes acts provided for in Part 1 that resulted in the death of a person.
This part actually combines terrorism and murder into one standard. The concept of murder, i.e. intentionally causing death to a person, defined in Part 1 of Art. 105 of the Criminal Code of the Russian Federation. Since the sanctions in Parts 1 and 3 of the commented article provide for punishment in the form of life imprisonment, and the death penalty is currently not imposed for murder, causing the death of a victim in an act of international terrorism does not entail qualification for the totality of crimes provided for Art. Art. 277, 295, 317 of the Criminal Code of the Russian Federation. Causing death to two or more persons with additional qualifications under Art. 105 of the Criminal Code does not require it.
Article 361. Act of international terrorism
Appeal ruling of the Supreme Court of the Russian Federation dated July 12, 2017 N 205-APU17-21 According to the note to Art. 205.3 of the Criminal Code of the Russian Federation, a person who has committed a crime under Art. 205.3 of the Criminal Code of the Russian Federation, is exempt from criminal liability if it informed the authorities about the completion of training, knowingly for the student, conducted for the purpose of carrying out terrorist activities or committing one of the crimes provided for in Art. Art. 205.1, 206, 208, 211, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, contributed to the disclosure of the crime committed or the identification of other persons who underwent such training, carried out, organized or financed such training, as well as the places where it was carried out and if in it actions do not contain any other corpus delicti.
Resolution of the Presidium of the Supreme Court of the Russian Federation dated May 29, 2019 N 21-P19pr
According to Part 3.2 of Art. According to the Criminal Code of the Russian Federation (as amended by Federal Law No. 186-FZ of July 3, 2022), the time a person is held in custody is counted toward the term of imprisonment at the rate of one day for one day in relation to those convicted of particularly dangerous recidivism of crimes; convicts for whom the death penalty by way of pardon has been replaced by life imprisonment or imprisonment for a term of twenty-five years; convicted of crimes under Art. Art. 205 - 205.5, part 3, 4 art. 206, part 4 art. 211, part 2, 3 art. 228, art. Art. 228.1, 229, 275, 276, 361 of the Criminal Code of the Russian Federation, and crimes associated with the implementation of terrorist activities, provided for in Art. Art. 277 - 279 and 360 of the Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated June 27, 2019 N 201-APU19-18
Thus, participation in the activities of a terrorist organization is understood as the commission by a person of deliberate actions related to the continuation or resumption of the activities of this organization, and participation in a terrorist community is understood as the inclusion of a person in a stable group of two or more persons with the intention of participating in terrorist activities or preparation or commission of one or more crimes provided for in Articles 205.1, 205.2, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other crimes for the purpose of promoting, justifying and supporting terrorism, including Art. 205.5 of the Criminal Code of the Russian Federation is not specified, as well as participation in the preparation for or in the commission of such crimes, as well as the performance by a person of functional duties to ensure the activities of such a community. When a participant in a terrorist organization commits a specific crime, his actions are subject to qualification according to the totality of crimes provided for in Part 2 of Art. 205.5 of the Criminal Code of the Russian Federation and the corresponding article of the Special Part of the Criminal Code of the Russian Federation, which was established in this criminal case.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated September 24, 2019 N 203-APU19-14
According to paragraph 2 of Art. 24 of the Federal Law of March 6, 2006 N 35-FZ “On Countering Terrorism” an organization is recognized as terrorist and is subject to liquidation (its activities are prohibited) by a court decision on the basis of an application from the Prosecutor General of the Russian Federation or a subordinate prosecutor if, on behalf of or in the interests of the organization, the organization, preparation and commission of crimes provided for in Articles 205 - 206, 208, 211, 220, 221, 277 - 280, 282.1 - 282.3, 360 and 361 of the Criminal Code of the Russian Federation are carried out. A court decision to liquidate an organization (ban its activities) applies to regional and other structural divisions of the organization.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated June 26, 2019 N 201-APU19-22
At the same time, by force of law, terrorism is understood as the ideology of violence and the practice of influencing decision-making by state authorities, local governments or international organizations associated with intimidation of the population and (or) other forms of illegal violent actions, and terrorist activity means the commission of at least one of the crimes provided for in Art. 205 - 206, 208, 211, 220, 221, 277, 278, 279, 360, 361 of the Criminal Code of the Russian Federation.
Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated July 3, 2019 N 201-APU19-23
When qualifying the actions of Markov A.S. The court rightfully proceeded from the fact that under public calls for terrorist activities in Art. 205.2 of the Criminal Code of the Russian Federation should be understood as appeals expressed in any form (for example, oral, written, using technical means) to other persons in order to induce them to carry out terrorist activities, that is, to commit crimes under Art. Art. 205 - 206, 208, 211, 220, 221, 277, 278, 279, 360, 361 of the Criminal Code of the Russian Federation, and under the justification of terrorism - the recognition of such actions as correct, in need of support and imitation.
Appeal ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated September 19, 2018 N 117-APG18-5
The basis for inclusion in the list of organizations and individuals in respect of which there is information about their involvement in extremist activities or terrorism, subject to posting on the Internet on the official website of the authorized body and publication in official periodicals determined by the Government of the Russian Federation (hereinafter referred to as the List), is a decision of the investigator to charge a person with committing at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 280, 280.1 , 282, 282.1, 282.2, 282.3, 360 and 361 of the Criminal Code of the Russian Federation (clause 2 and subclause 5 of clause 2.1 of Article 6 of Federal Law No. 115-FZ).
Determination of the Constitutional Court of the Russian Federation dated September 27, 2018 N 2172-O
At the same time, according to part four of article 73 of the Penal Code of the Russian Federation, those convicted of crimes provided for in article 126, parts two and three of article 127.1, articles 205 - 206, 208 - 211, 275, 277 - 279, 281, 282.1, 282.2, 317, part the third article 321, the second part of article 360 and article 361 of the Criminal Code of the Russian Federation, those convicted of particularly dangerous recidivism of crimes, sentenced to life imprisonment, sentenced to serve imprisonment in prison, convicts for whom the death penalty by way of pardon has been replaced by imprisonment, are sent for serving the sentence in the appropriate correctional institutions located in places determined by the federal body of the penal system.
Determination of the Constitutional Court of the Russian Federation dated November 26, 2018 N 2868-O
At the same time, according to part four of article 73 of the Penal Code of the Russian Federation, those convicted of crimes provided for in article 126, parts two and three of article 127.1, articles 205 - 206, 208 - 211, 275, 277 - 279, 281, 282.1, 282.2, 317, part three of article 321, part two of article 360 and article 361 of the Criminal Code of the Russian Federation, those convicted of especially dangerous recidivism of crimes, sentenced to life imprisonment, sentenced to serve imprisonment in prison, convicts for whom the death penalty by way of pardon has been replaced by imprisonment, are sent to serve the sentence in the appropriate correctional institutions located in places determined by the federal body of the penal system.
Cassation ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated August 26, 2020 N 5-KA20-45-K2
At the same time, according to part 4 of article 73 of the said code, those convicted of crimes provided for in article 126, parts two and three of article 127.1, articles 205 - 206, 208 - 211, 275, 277 - 279, 281, 282.1, 282.2, 317, part three Article 321, part two of Article 360 and Article 361 of the Criminal Code of the Russian Federation, as well as certain categories of convicts, including those sentenced to life imprisonment, are sent to serve their sentences in the appropriate correctional institutions located in places determined by the federal body of the penal system (in version in force at the time the disputed legal relationship arises).
Determination of the Constitutional Court of the Russian Federation dated February 11, 2021 N 183-O
1. Federal Law of July 29, 2022 N 243-FZ, which came into force on September 1, 2022, Article 22 of the Federal Law of May 31, 2002 N 62-FZ “On Citizenship of the Russian Federation” is set out in a new edition, including supplemented by part two stating that the fact of using forged documents or reporting knowingly false information, on the basis of which a decision was made to acquire citizenship of the Russian Federation, is established in court, and the fact that a person has committed at least one of the crimes is established by a court verdict that has entered into legal force ( preparation for a crime or attempted crime) provided for in Articles 205 and 2051, part two of Article 205.2, articles 2053 - 2055, 206 and 208, part four of Article 211, articles 281, 2821 - 2823 and 361 of the Criminal Code of the Russian Federation, or at least one of the crimes (preparation for a crime or attempted crime) provided for in Articles 277 - 279 and 360 of this Code, if their commission is associated with the implementation of terrorist activities, is equivalent to the establishment by the court of the fact of reporting knowingly false information regarding the obligation to comply with the Constitution of the Russian Federation and the legislation of the Russian Federation Federation.
Judicial practice: sentences and punishment under Art. 361 of the Criminal Code of the Russian Federation
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