FIGHTING AGAINST TERRORISM: POLICYAND LAW

Authors

  • Samvel Mamadovich Kochoi Moscow State Law University of O. E. Kutafin (MSLU), Moscow, Russian Federation

DOI:

https://doi.org/10.14529/law180119

Keywords:

criminal-legal policy, terrorism, terrorist organization, terrorist act, terrorist community, antiterrorist legislation

Abstract

The article examines the state and prospects of the state policy of countering terrorism.
It was concluded that certain decisions taken by the state authorities in the field of
combating terrorism are belated. In particular, this concerns the recognition as terrorist
and the prohibition of the organization "Islamic State of Iraq and the Levant" (now
known as the "Islamic State") in the territory of Russia.
In order to inform the public about the crimes committed by terrorists against the
civilian population, the State Duma of the Federal Assembly of the Russian Federation,
following the example of the parliaments of a number of foreign states, is urged to recognize
and condemn the genocide of the ethnoconfessional group of Yezidis of Iraq committed
by the international terrorist organization "Islamic State" (IS). The Report of the
UN Special Commission for Investigation in Syria contains a similar recommendation to
the parliaments of other states around the world (June 2016).
The shortcomings of the domestic anti-terrorism legislation and its controversial
novels are noted. The proposals for its improvement are formulated, taking into account
the modern achievements of science and the needs of practice. In particular, it is proposed
to modernize the Concept of Counter-Terrorism in the Russian Federation, approved by
the President of the Russian Federation on October 5, 2009. The bill on establishing criminal
liability of legal entities for crimes of a terrorist nature is supported. It is proposed to
reconsider the contradictory explanations of the Resolution of the Plenum of the Supreme
Court of the Russian Federation of February 9, 2012 No. 1 "On Some Issues of Judicial
Practice in Criminal Cases on Crimes of a Terrorist Attitude" concerning the qualification
of terrorist crimes and the imposition of punishment for their commission.

Author Biography

Samvel Mamadovich Kochoi, Moscow State Law University of O. E. Kutafin (MSLU), Moscow, Russian Federation

Honored Worker Of Higher School of the Russian Federation, Doctor
of Science (Law), Professor of the Kutafin Moscow State Law University (MSAL), Moscow, Russian
Federation

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Published

2018-03-19