Public calls to carry out terrorist activities or public justification of terrorism: the expediency of differentiating responsibility through the introduction of administrative prejudice

The relevance of the problem discussed in this article is due to an importance of the criminal policy to combat the negative social phenomenon that allows propaganda of terrorism ideology in society. To counter this, improvements in the constructive features of the corpus delicti and its sanctions provided by article 205.2 of the Criminal Code of the Russian Federation are required. The author has analyzed the statistical data of judicial statistics for the period from 2010 to 2021 and revealed a stable pattern that the limit of imprisonment sentences imposed by the court under Part 2 of Article 205.2 of the Criminal Code of the Russian Federation in 94,5 % of the cases is lower than five years of imprisonment, thereby the practice itself classifies them as crimes of moderate severity. These circumstances allow us to consider that the legislators have overstated punitive measures. It is noted that after the partial decriminalization of Article 282 of the Criminal Code of the Russian Federation, law enforcement agencies refocused on crimes provided by Article 205.2 of the Criminal Code. Formally, judgements are passed for justifying terrorism, in fact, citizens are increasingly being punished for criticizing the authorities, security forces and officials. The article justifies the need to convert the crime provided by Article 205.2 of the Criminal Code of the Russian Federation from especially grave to the category of medium gravity, by excluding parts 2 and 3 of the article. It is also proposed to introduce an administrative prejudice as a substance of this crime.