GAPS IN ANTI-TERRORISM LEGISLATION AND PROPOSALS FOR BRIDGING THEM

被引:2
|
作者
Kochoi, Samwel M. [1 ]
机构
[1] Kutafin Moscow State Law Univ MSAL, Chair Criminal Law, Moscow, Russia
来源
RUSSIAN JOURNAL OF CRIMINOLOGY | 2016年 / 10卷 / 04期
关键词
Terrorism; anti-terrorism legislation; terrorist activities; terrorist organization "Islamic State; terrorist community; juridical person;
D O I
10.17150/2500-4255.2016.10(4).740-749
中图分类号
DF [法律]; D9 [法律];
学科分类号
0301 ;
摘要
The author analyzes changes and amendments to Russian legislation on counteracting terrorism and states that the unstable character of this legislation is only partially explained by the constantly changing forms and types of terrorism activities that require a matching legal reaction. According to the author, the legislative solutions are not always efficient or optimal making it necessary to introduce further changes and amendments to improve the existing normative basis of terrorism counteraction. The author also examines all legislative novels on counteracting terrorism (changes and amendments introduced in the Federal Law since it was adopted in 2006), he agrees with some of them and criticizes others. In his opinion, the conceptual framework of the Federal Law "On Counteracting Terrorism" in general requires considerable improvement. Besides, it should be brought in agreement with the terminology found in anti-terrorism norms of the Criminal Code of the Russian Federation ("terrorist organization", "terrorist community", "terrorist activities", etc.). The author supports the ideas of establishing criminal liability of legal persons for specific crimes, including terrorism, but introduces his own ideas regarding the norms of the CC of the RF on terrorist activities. They take into consideration the sad experience of the emergence of the international terrorist organization "Islamic State" (banned in Russian by the decision of the Supreme Court of the Russian Federation) and the proliferation of its activities in many countries of the world. The global threat that the organization poses makes it obligatory for all states, including the Russian Federation, to speed up the preparation and adoption of additional legal measures to suppress, first of all, its financial support and recruitment activities.
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页码:740 / 749
页数:10
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