Aiding terrorist activities (Article 2051 of the Criminal Code of Russian Federation)

Abstract

In this article we provide a systematic analysis of the norms of the Criminal code of the Russian Federation, of interpretations given by the Plenum of the High court of the Russian Federation, of acts of legal practice and of the results of other investigations dedicated to interpreting aspects for aiding in terrorist activities (article 205.1 of the Criminal code of Russian Federation). The conclusion is justified that with the introduction of Part 3 of Art. 205.1 of the Criminal Code of the Russian Federation, the scope of activities prohibited by the criminal law, which constitute activities of the aider, has not been altered. A comparative analysis of part 5 of Art. 33 of the Criminal Code of the Russian Federation and the note 1.1 to art. 205.1 of the Criminal Code discovered that their differences are exclusively formal. An investigation of the genesis and development of Art. 205.1 of the Criminal Code revealed that the introduction of Part 3 is natural. However, the change in the criminal law regulation of aiding in the commission of crimes of a terrorist nature resulted in a problem of the relationship between Part 3 and Part 1 of Art. 205.1 of the Criminal Code. The rule of qualification for their competition is based on the norms of criminal law and the doctrinal provisions applied to this situation contradict the principle of justice. Therefore, an error of the legislator in regulation of aiding in terrorist activities (part 3 of Article 205.1 of the Criminal Code) in relation to armament, preparation and financing of terrorism (Part 1, Article 205.1 of the Criminal Code) is discovered. The study contains substantiated propositions for criminal legislation improvement. Refs 28.