Article 220 of the Criminal Code of the Russian Federation, elements of the crime, comments

ST 220 of the Criminal Code of the Russian Federation.

1. Illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances - is punishable by restriction of freedom for a term of up to two years, or forced labor for a term of up to two years, or arrest for a term of up to four months, or imprisonment for a term of up to two years.

2. The same acts, which through negligence resulted in the death of a person or other grave consequences, are punishable by imprisonment for a term of up to five years.

3. Acts provided for in the first part of this article, resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of up to seven years.

Another commentary on Article 220 of the Criminal Code of the Russian Federation

1. The object of the crime is the safety of circulation of nuclear materials or radioactive substances.
2. The subject of the crime is radioactive materials, i.e. radiation sources, nuclear materials, radioactive substances and radioactive waste.

In accordance with the Federal Law “On the Use of Atomic Energy” of 1995 (as amended on June 25, 2012), radiation sources are complexes, installations, devices, equipment and products not related to nuclear installations that contain radioactive substances or generate ionizing radiation.

Nuclear materials are materials containing or capable of producing fissile (fissionable) nuclear substances.

Radioactive substances are substances not related to nuclear materials that emit radiation; radioactive waste – nuclear materials and radioactive substances, the further use of which is not envisaged.

3. The objective side of the crime is characterized by the commission of the following actions: illegal acquisition, storage, use, transfer or destruction of nuclear materials or radioactive substances, i.e. performing the specified actions in violation of the established procedure.

4. Acquisition is the taking of nuclear materials or radioactive substances by any means, except for theft and extortion, which form an independent crime under Art. 221 CC.

5. Storage is the retention of nuclear materials or radioactive substances with oneself, in premises and caches. Their use means use in everyday life, for household needs. When used as a means of committing a crime, the act is qualified independently (for example, under Article 105 of the Criminal Code).

6. Transfer is the alienation of radioactive materials in various ways (sale, donation, exchange). Destruction is expressed in the modification, destruction or fission of radioactive materials.

7. The crime has a formal structure and is considered completed from the moment of commission of any of the listed actions.

8. The subjective side of the crime is characterized by direct intent. The perpetrator is aware that he is handling radioactive materials illegally and wishes to do so.

9. The subject of the crime is a person who has reached the age of 16.

10. Part 2 art.

220 of the Criminal Code provides for liability for the same acts that, through negligence, resulted in the death of a person or other grave consequences (for example, causing serious harm to the health of several persons, mass casualties of people and animals, radioactive contamination of the area).

11. According to Part 3 of Art. 220 of the Criminal Code, liability arises for the same acts that negligently entailed the death of two or more persons. In qualified and especially qualified compositions, the perpetrator acts with a double form of guilt (intention in relation to the actions and carelessness in relation to the consequences).

Current version of Art. 220 of the Criminal Code of the Russian Federation with comments and additions for 2022

2. The same acts, which through negligence resulted in the death of a person or other grave consequences, are punishable by imprisonment for a term of up to five years.

3. Acts provided for in the first part of this article, resulting in the death of two or more persons through negligence, are punishable by imprisonment for a term of up to seven years.

Article 220. Illegal handling of nuclear materials or radioactive substances

Appeal ruling of the Judicial Collegium for Military Personnel 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 means the entry of a person into a stable group of two or more persons with the intent to participate in terrorist activities or in the 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 propaganda, justification and support of 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 09/03/2019 N 205-APU19-27

Within the meaning of Art. 205.1 of the Criminal Code of the Russian Federation, the financing of terrorism should be recognized, along with the provision of financial services, the provision or collection of not only money, but also material resources with the understanding that they are intended to finance the organization, preparation or commission of 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 and 360 of the Criminal Code of the Russian Federation, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit at least one of these crimes.

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated September 25, 2019 N 201-APU19-44

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 October 22, 2019 N 208-APU19-10

In accordance with Art. 205.1 of the Criminal Code of the Russian Federation, the financing of terrorism should be recognized, along with the provision of financial services, the provision or collection of not only money, but also material resources with the understanding that they are intended to finance the organization, preparation or commission of 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 and 360 of the Criminal Code of the Russian Federation, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit at least one of these crimes.

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated December 5, 2019 N 224-APU19-11

The argument that the case has not established the involvement of Shaykhvaliev, R. and G. in the preparation or commission of one of the crimes provided for in the note to Art. 205.1 of the Criminal Code of the Russian Federation is untenable, since it is decisive for establishing the fact of the commission of a crime under Part 4 of Art. 205.1 of the Criminal Code of the Russian Federation is confirmation by the totality of collected evidence of the convicted person’s awareness that the funds, the collection and transfer of which he organized, are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.6, 206, 208, 211, 220, 221, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed group , a criminal community (criminal organization) created or being created to commit at least one of these crimes.

Appeal ruling of the Judicial Collegium for Military Personnel Cases of the Supreme Court of the Russian Federation dated January 23, 2020 N 225-APU19-6

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 Criminal Cases of the Supreme Court of the Russian Federation dated March 13, 2019 N 58-APU19-2

In the appeal and additions to it, the convicted Shadyev R.T. requests the verdict of the Khabarovsk Regional Court of November 16, 2018 to be canceled and the criminal case to be returned to the prosecutor's office of the Khabarovsk Territory. In support, he points out that the preliminary investigation and trial in the case were carried out with an accusatory bias, the defense side was refused to satisfy the stated requests for additional investigative actions. Believes that during the preliminary investigation there was a violation of the requirements of Art. Art. 220, 222 of the Criminal Code of the Russian Federation, since the indictment handed to him does not contain the necessary information established by the criminal procedure law. Believes that investigator M. and expert N. committed official crimes during the investigation of this criminal case. He expresses the opinion that the court illegally based the verdict on the contradictory testimony of witness O. He notes that after his arrest, law enforcement officers put pressure on him in order to obtain a confession in the case, which is confirmed by the materials of the procedural check conducted at his request. Expresses disagreement with the critical attitude of the court to the testimony of defense witnesses, who explained during the trial that O was the motive for committing the crime. He does not agree with the punishment imposed on him, since he believes that the court did not fully take into account the mitigating circumstances available in the case , as well as with the decision made regarding the deprivation of his military rank of “reserve lieutenant colonel”.

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).

Legal commentary on the article

The objective side of the norm under consideration deserves a separate comment.

It includes several alternative manifestations:

acquisition;
storage;
usage;
broadcast;
destruction.

Acquisition should be understood as taking possession, excluding acquisition through theft and as a result of threats. This is a purchase, a gift, or even a find with subsequent appropriation. Possession and retention of prohibited items on the premises and in any other places (regardless of their purpose) will be recognized as storage.

Use – use for the purpose of obtaining benefit. The culprit can use dangerous components in medical, scientific activities, or in the household.

Nuclear materials can be transferred by donation, as well as on a reimbursable basis. Destruction is considered to be a change in the type of materials, without the possibility of restoration, up to complete destruction.

The action is performed:

in an active form (action), for example, use for production purposes in the absence of a license;
when the culprit is inactive (storage in places having a different purpose).

What does the legislator include in the concept of “other grave consequences”? The article itself does not reveal it.

They should be understood as the following events:

disruption of the activities of production facilities or institutions, including breakdown of equipment, significant damage, cessation of production;
evacuation of the population from the contaminated area;
the emergence of mass diseases, including those in animals;
harm to health of moderate and severe severity, and others.

The elements of a criminal act are formal (part 1) and material (parts 2 – 3). The moment of the end of the crime will be the beginning of the action of storage, transfer, etc. In a qualified composition, this moment will be the death of the person (persons) or the events described above.

Arbitrage practice

Let us list some cases from judicial practice:

By the verdict of the Mirny Garrison Military Court, a serviceman with the rank of Lieutenant Colonel Trofimov was convicted of violating the circulation of radionuclides. The crime was committed by him as follows. The serviceman had administrative and economic functions at the research and testing center. When deciding to transfer materials to waste, he unreasonably wrote off usable radionuclides. Having placed them in special containers, he illegally stored them first in a safe, and then took the dangerous elements outside the laboratory and, after transportation, buried them in the ground and began using them on the islands. In addition, during the trial, the guilt of the convicted person in using sources of ionizing radiation was proven and radioactive elements to obtain model sources with improperly issued access to such types of work. Based on the totality of crimes, Trofimov was also convicted by a court decision of theft of radionuclides, but based on the episode considered, the court concluded that there was no self-interest in the actions of the culprit.
By the verdict of the Seversky City Court of the Tomsk Region, Ya. was convicted of illegal storage and transfer of part of a gamma flaw detector containing a radioactive element - depleted uranium. The criminal act was committed as follows. The culprit found part of the specified item and, using a screwdriver, got rid of the radiation hazard sign placed on it. After this, the culprit deliberately placed the dangerous find in the pit, disguising the storage location with grass. A day later, he returned to the storage location, took it and took it to a collection point for scrap metal and received a reward.

Since nuclear materials and radiation sources are things withdrawn from civilian circulation, officials have access to them mainly. But in the second case described, the practice involved the appropriation of a dangerous find by an ordinary citizen.

What is Article 220 of the Criminal Code of the Russian Federation about?

The norm of the law is reference, therefore information about the subject, actions characterizing the objective side of the illegal act can only be considered taking into account special legislation in this area. An important source is the Federal Law of November 21, 1995 “On the Use of Atomic Energy”.

Objects of criminal encroachment can be divided into the following:

Tribal – public security of the state.
Specific (main) – safe and harmless circulation of materials from the nuclear industry and radioactive substances.
Additional – life and health of people.
Optional – a favorable environment, including background radiation not exceeding established values.

The subject of the crime is specific and it is extremely difficult to find it in the public domain.

Elements that are socially dangerous to use:

radiation sources are complexes, stations, devices, specialized equipment and things in which radioactive substances are contained or radiation is collected;
nuclear materials, which include those that have the ability to reproduce decaying nuclear substances or directly contain them in their composition;
radioactive substances are components from which radiation propagates, but are not nuclear;
radioactive waste – substances indicated in paragraphs 2 and 3 that are no longer used for their intended purpose and must be disposed of.

The subject is a general, sane sixteen-year-old citizen.

The crime is committed intentionally. In qualified cases that involve the death of victims and the occurrence of other large-scale incidents, a double form of guilt can be noted.

The accused commits any actions or fails to act intentionally, and the irreparable result of his actions is characterized by negligence. .

Consultations and comments from lawyers under Art. 220 of the Criminal Code of the Russian Federation

In this composition, it is difficult to prove a careless form of guilt, since the harm from the items used is colossal and this is a well-known fact. The deliberate use of radiation sources in unprotected areas, near people exposed to high doses of radiation, implies the onset of extensive radiation exposure and death.

The defense needs to try to find the line between:

accidental defeat of victims;
using dangerous substances as a weapon of murder.

If the person who purchased an item that spreads radiation did not know or suspect its dangerous properties, the owner will not be held liable under the article for illegal handling of nuclear materials or radioactive substances.

The acquisition of the item in question through one of the types of theft or using threats constitutes another criminal act described in Art. 221 of the Criminal Code.