ANALYSIS OF TERRORISM FINANCING AS A CRIMINAL ACT IN RUSSIAN CRIMINAL LAW
https://doi.org/10.18384/2310-6794-2022-3-92-99
Abstract
Aim. To analyze the financing of terrorism as a criminally punishable act in Russian criminal law and to identify the problems of its legislative formulation. To find out the specifics of individual signs of terrorist financing and their impact on the character and rank crime’s public danger.
Methodology. Methods of induction, generalization, analogy, analysis, comparative legal, formal legal were used in the research process.
Results. Based on the comparative legal analysis of Russian, international and foreign norms, analysis of judicial practice, the article concludes that it is necessary to edit the current criminal law regarding the wording of financing terrorism. The research of Russian judicial practice in criminal cases on financing terrorism allowed us to conclude not only about the autonomy of this act from other forms of assistance to terrorist activities, but also about the influence of the signs of the method, means, as well as the duration of the commission of the crime on the nature and degree of its public danger.
Research implications. The necessity of identifying signs in the act of financing terrorism that affect the increase of its public danger and fixing them in the Russian criminal law is substantiated. Prospects for further studies of the composition of terrorist financing in this part are noted: the greater public danger of the crime can be indicated by such signs as the method, means of committing the crime, as well as the continuing nature of the act.
About the Author
E. V. KonovalovaRussian Federation
Elena V. Konovalova – Senior Lecturer, Institute of Financial Technologies and Economic Security
115409, Moscow, Kashirskoe shosse, 31
References
1. Bastrykin A. I. [Investigation of the legalization of proceeds from crime and the financing of terrorism: the practice of the Investigative Committee of Russia]. In: Vestnik Sankt-Peterburgskogo universiteta. Pravo [Bulletin of St. Petersburg University. Law], 2021, vol. 12, iss. 3, pp. 493–501.
2. Dobaev I., Dobaev A., Hajibekov R. [Vectors of financing terrorist structures in North Caucasus region]. In: Musulmanskiy mir [The Muslim World], 2018, no. 1, pp. 12–26.
3. Dobaev I. P., Dobaev A. I. [«Islamic State»: ideology, structure, political practice, funding channels]. In: Gosudarstvennoye i munitsipalnoye upravleniye. Uchonyye zapiski SKAGS [State and municipal administration. Scientific notes of SKAGGS], 2017, no. 1, pp. 154–159.
4. Rarog A. I., ed. Kachestvo ugolovnogo zakona: problemy Osobennoy chasti [The quality of the criminal law: the problems of the Special par]. Moscow, Prospect Publ., 2022. 384 p.
5. Kochoi S. M. [The concept of countering terrorism in the Russian Federation: prospects for improvement, taking into account the experience of the fight against religious terrorism]. In: Vserossiyskiy kriminologicheskiy zhurnal [All–Russian Journal of Criminology], 2020, vol. 14, no. 1, pp. 30–37.
6. Merkuryev V. V., Sokolov D. A. [Implementation of the provisions of the model legislation on countering terrorism in national criminal codes]. In: Monitoring pravoprimeneniya [Law enforcement monitoring], 2019, no. 1 (30), pp. 61–65.
7. Tisen O. N. Osobennosti vyyavleniya, rassledovaniya i kvalifikatsii prestupleniy, svyazannykh s finansirovaniyem terrorizma [Features of detection, investigation and qualification of crimes related to the financing of terrorism]. Moscow, Pero Publ., 2021. 160 p.