Arsons of military recruitment offices and administrative buildings committed in the territory of the Russian Federation: criminal law qualification of terrorist acts

This article addresses the optimization of the legislative framework concerning the composition of terrorist acts. Since the onset of the special military operation in Ukraine, the Russian state and society have faced new socially dangerous challenges in the form of arson incidents targeting military recruitment offices (draft points) and administrative buildings across various regions of Russia. The article describes the schemes and methods used to involve citizens in committing these crimes through communication channels: interactions via phone, social networks, or messaging applications emanating from foreign territories. Malefactors provide “instructions” and “guidelines”, which are often accompanied by financial rewards, threats, blackmail, and deception. The initial criminal cases related to arson were classified as intentional damage to property. Following the declaration of partial mobilization, the frequency of arson incidents increased. To prevent unlawful acts, including protest and anti-war actions, law enforcement agencies began classifying these arsons under Part 1 of Article 205 of the Criminal Code of the Russian Federation (terrorist act), which undoubtedly necessitates theoretical analysis and the development of practical recommendations. A notable challenge in qualifying these acts as terrorist is that the subjective aspect of this crime is characterized not only by guilt in the form of direct intent but also by an additional criterion-specific purpose, the establishment of which is subject to proof during preliminary investigation and court proceedings in cases of terrorism-related offenses. In this context, the author proposes amendments to the disposition of Part 1 of Article 205 of the Criminal Code of the Russian Federation by establishing the criterion of extremist motive as an alternative to the mandatory characteristic of the subjective aspect.