2019•Russian Journal of CriminologyOpen access

Improvement of Terrorism-Related Criminal Liability

L. T. Kokoeva, Angelina E. Kolieva, Yaroslav Garmyshev

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Abstract

The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.

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What this paper is about

The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.

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Available abstract

The authors use international experience to review main trends in improving terrorism-related criminal liability in Russia, analyze key international legal acts as well as Russian laws that form the basis for counteracting terrorism. They state that the federal law «On Counteracting Terrorism» eliminated a number of legal problems and contradictions in the counter-terrorism legislation and practice of counter-terrorism work. The authors pay attention to specific modern features of terrorist acts, including the use of the Internet technologies to recruit potential criminals. They study problems in international counter-terrorism cooperation. The authors note that the legal basis for counteracting terrorism at the municipal level is far behind the regional and federal levels and suggest how legislation for terrorism-related crimes and their subject composition could be improved. They show that it is necessary to hold close relatives of terrorists responsible for crimes against public safety if their knowledge about the crime or aid to criminals has been proven. It is noted that it is necessary to strengthen the system of preventive measures aimed at determining the causes and conditions contributing to terrorism. The role of special services in preventing terrorist attacks should decline while the impact of educational institutions, public organizations, the church and mass media should increase. Besides, the authors note that victimological influence is very promising for improving the effectiveness of terrorism counteraction and suggest making a number of amendments in the current Russian criminal legislation.

Key concepts: Terrorism, Legislation, Political science, Liability, Law, Criminal law, Criminal liability, State (computer science)

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