Criminal liability for organizing terrorist community and participation in it as a direction national security

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The aim of the present work is to develop a comprehensive scientific understanding of the criminal responsibility for a terrorist organization and community participation in it as the directions of national security. To achieve this goal the author was raised a number of scientific tasks, in particular the study of certain provisions of the National Security Strategy, the main threats to the state and public security of the Russian Federation, the main directions of ensuring state and public security, public areas and ensuring public safety. In the study, the author used scientific methods (hypothesis, analysis, synthesis, deduction, and induction), special used historical, legal and technical, interdisciplinary, comparative legal, system and other methods of scientific knowledge. The author researches of the problems of qualification of crimes related to the terrorist organization and community participation in it are discussed in detail. The article analyzes the modern jurisprudence on the application of Article 205.4 and 205.5 of the Criminal Code of the Russian Federation. The author examines the conditions of qualification criminal groups as a terrorist or terrorist organization community. The author comes to the conclusion about the need to improve the legal regulation of criminal responsibility for the commission of terrorist-related crimes. So, the author proposes to supplement the dispositions of article 205.4 of the Criminal Code of the Russian Federation indicating that the terrorist community a stable group of persons can be considered, united not only in Russia, but also in other states as well as international organizations, concerned other grounds specified in Art. 205.4 of the Criminal Code. The author considers it necessary to clarify the question of qualification of crimes under Art. 205.4 and 205.5 of the Criminal Code of the Russian Federation in the Resolution of the Plenum of the Russian Federation Armed Forces.

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National security, terrorist organizations, terrorist organization, terrorism, extremist community, extremist organization

Короткий адрес: https://sciup.org/14951125

IDR: 14951125   |   DOI: 10.17748/2075-9908-2016-8-1/2-21-27

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