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THE APPENDIX

The appendix 1. Results of questioning of 135 respondents, from them 56 soyotrudnikov investigatory and operative divisions of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Internal Affairs of Byelorussia, 14 judges and 18 public prosecutors, 47 predyostavitelej the faculty of high schools of system of the Ministry of Internal Affairs of the Russian Federation and Byelorussia

THE ANALYSIS OF RESULTS OF QUESTIONING

1.

Whether consider positions about the criminal liability for terroristicheyosky the certificate answering to character and social danger degree dannoyogo crimes?
Yes 100 %
No -

2. In your opinion, the criminal liability establishment for terroristicheyosky the certificate as for an independent crime is socially caused owing to its special position in system of threats of national safety?

Yes 100 %
No -

3. In what you see distinction between concepts "terrorism" and źterroristiyochesky the certificate╗:

The terrorism is a combination obyoshchestvenno dangerous activity with ideology of violence, and terroristicheyosky the certificate - a concrete kind of this activity 27,4 %
The terrorism represents osoyobuju group of crimes, and terroriyostichesky the certificate - an individual kind in its structure
Act of terrorism is ugo - 25,9 %

Lovno-legal concept, and terroyorizm - kriminologicheskim

The note: 23,7 % of respondents have noted all three positions in data voproyose, and 22,9 more % would choose variants and "in".

4. In your opinion, act of terrorism encroaches in bolshej degrees on:

The public safety as soyostojanie securities of the person, a society and the state from vnutrenyonih and external threats 74 %
Life and other social blessings as an internal component obshcheyostvennoj safety
The public safety and obshcheyostvennyj an order as components of the stable device of a life grazhyodan 26 %

5. In the most widespread ways of fulfilment terrorist

The certificate act:

Fulfilment of blasting of the explosive in advance established in the crime scene 46,6 %
Arson fulfilment
Self-blasting of the executor prestupleyonija 20 %

The note: 8,8 % of respondents have noted variants "and" and (explosion and podyozhog), 11,1 % - all three variants of the answer, 13,3 % - variants "and" and "in" (explosion or self-blasting).

6. Whether you justified consider presence in a disposition of item 205 UK the Russian Federation konyokretnyh ways of fulfilment of act of terrorism?

Yes 73,3 %
No 26,7 %

7.

What, in your opinion, concerns concept źother actions╗ in structure teryororisticheskogo the certificate?
Flooding of sites of district 65,9 %
Destruction of objects of system zhizyoneobespechenija 19,3 %
Poisoning of water and products pitayo

nija, used by the population.

14,8 %
Distribution of epidemics -
All listed -

8. Whether the establishment equal otvetyostvennosti for act of terrorism and threat of its fulfilment is, in your opinion, proved?

Yes 51,1 %
No 48,9 %

9. During what moment act of terrorism is ended prestupleniyoem?

At the moment of fulfilment of socially dangerous act 34,8 %
At the moment of approach of consequences in the form of injury of a life and zdoyorovja, a property damage or other heavy consequences 21,4 %
At the moment of preparation of fulfilment of explosion, an arson or other act forming structure terroristicheyoskogo of the certificate 34,8 %

The note: 8,1 % of respondents have noted variants "and" and "in", having specified in that circumstance, that completed crime forms both corresponding socially dangerous act, and threat by its fulfilment.

10. Whether fulfilment of act of terrorism with kosyovennym intention is possible, in your opinion?

Yes 74,8 %
No 25,2 %

The note: on the given question some separate opinions of respondents according to which indirect intention it is possible at fulfilment of the qualified and especially qualified kinds terroyoristicheskih certificates have been formulated.

11. In what value of the purposes of fulfilment of act of terrorism consists:

They distinguish it from adjacent sostayovov crimes 15,5 %
Characterise features of intention guilty 28,1 %
Are directly connected with ideology terroyo

rizma

18,5 %

The note: 25,1 % of respondents has noted all variants of the answer, 14,8 more % - variants "and" and "in".

12. The most dangerous kinds of motivation of terrorists are:

The religious 23 %
The ethnic
The political 20 %
Other

The note: 27,4 % of respondents have noted variants of answers "and", "in", 29,6 more % have assumed, that the motivation in this case has no value. 13. In your opinion, whether there is a necessity to include in structure kvalifitsiyorujushchih signs of act of terrorism:

Use of the person with a view of sa - 20 %
mopodryva
Injury to health of the person 5,1 %

Act fulfilment during time proveyo

denija mass actions

28,1 %

The note: 29,6 % of respondents have noted variants "and" and "in", 17 more % have assumed, that such necessity is absent.

14. In your opinion, whether obosnovanno differentiation of act of terrorism and kinds of assistance of terrorist activity?

Yes, as it completely answers character and degree of the social danger considered prestupyoleny 40,7 %
No, as terrorist dejayotelnost practically always osuyoshchestvljaetsja criminal groups 42,2 %
Not in full, as in soyostave assistance of terrorist activity are reflected separate positions about partnership in fulfilment of act of terrorism 17,1 %

15. In your opinion, whether there is a necessity of addition of special conditions of clearing of the criminal liability for act of terrorism poloyozhenijami:

About an appearance with guilty and exposure soyouchastnikov 8,8 %
About prevention of approach of a part of socially dangerous consequences
About refusal throughout participation in terrorist activity, soyoprjazhennom with the subsequent appearance from the guilty 31,1 %

Other positions 0,1 %

The note: 37,7 % of respondents have noted variants of answers "and", and "in", 14,8 more % - and "in", 5,9 more % interrogated have assumed, that such neobyohodimost is absent.

The appendix 2. The project of the Decision of Plenum of Supreme Court RespubliYoki Belarus źAbout judiciary practice on affairs about fulfilment of certificates terrorizyoma╗:

Plenum of the Supreme Court of Byelorussia the Decision

About judiciary practice on affairs about fulfilment of certificates of terrorism

With a view of optimisation pravoprimenitelnoj experts Plenum VerhovYOnogo of Court of Byelorussia enacts to give to vessels the following razjasyonenija:

1. Direct object of the certificate of terrorism are natural activity of authorities on maintenance of stable existence of society for lack of various threats to an uncertain circle of persons, ustanovyolennyj an activity order on minimisation of the danger menacing an - titerroristicheskoj securities of objects and the territories, the established order of access to objects of an infrastructure or separate public benefits. Presence of the list of additional objects (safety of a life and health, a life and health as the universal blessings, relations sobyostvennosti) underlines necessity criminally-right protection both in cases of real injury, and in case of statement of these blessings under threat.

2. At disposal of legal proceeding about fulfilment of the certificate of terrorism it is necessary to establish: 1) whether took a place socially dangerous act carrying harakyoter complex physical and mental influences (actions,
The frightening population and approaches creating danger heavy poyosledstvy, or threat of their fulfilment); 2) whether there is the specific way of its fulfilment menacing to a life, health, the property (explosion, an arson, flooding).

3. Other actions admit act of terrorism if they have character frightening the population or create danger of approach sootyovetstvujushchih heavy consequences. Under other acts made in socially dangerous way, it is necessary to understand such which, not javljayojas explosion, an arson or flooding, can entail causing of physical injuries or ádestruction of people. For example, arrival by the car on citizens, shots in a place of a mass congestion of people, a poisoning istochniyokov drinking water supply or a foodstuff, distribution inyofektsionnyh diseases.

4. It is necessary to understand destruction of buildings and constructions, the termination of industrial activity as other heavy consequences, sozdayonie conditions for faults in activity of bodies state the authorities.

5. It is necessary to mean, that at fulfilment of the certificate of terrorism by intention of the guilty it is covered both probability, and inevitability of approach of socially dangerous consequences.

6. The actions consisting in threat of fulfilment of the certificate of terrorism, come under to qualification under item 290 UK of Byelorussia if the guilty has not had time to realise them, actually having made explosion, an arson or others obyoshcheopasnye actions. Thus if the criminal has been neutralised at the moment of a bookmark of an explosive, preparation for an arson of a building or sooruyozhenija or under other circumstances testifying to intention soyovershit the certificate of terrorism, sodejannoe Belarus is qualified under item 289 UK RespubYOliki and additional qualification under item 290 UK of Byelorussia does not demand.

7. The terrorism certificate is considered completed crime and in those sluchayojah when explosion, an arson or others obshcheopasnye actions have been made, and
When they have not been finished in connection with them obnaruzheyoniem and neutralisation. If sodejannoe has not entailed explosion, uniyochtozhenija a place of an arson and other socially dangerous consequences vsledyostvie detention of the person preparing the certificate of terrorism, sodejannoe kvalifitsiyoruetsja as attempt at the terrorism certificate referring to article 14 UgolovnoYOgo of the code of Byelorussia.

8. The criminal liability for fulfilment of the certificate of terrorism podleyozhit the person who has reached of age of 16 years. On the basis of the note to item 289 UK of Byelorussia, the person who has prevented fulfilment of act of terrorism, is released from the criminal liability. With a view of prevention of the certificate of terrorism such person can cease participation in its preparation, and also make the message in public authorities. If predotvrayotit the terrorism certificate was not possible, the person comes under to the criminal liability in accordance with general practice, but attempt of prevention of a crime should be estimated court as the circumstance commuting punishment.

9. Solving a question on clearing of the criminal liability of the person participating in preparation of act of terrorism, but the timely prevention of authorities or a different way of realisation of act of terrorism promoting prevention, it is necessary for vessels to consider, how much rendered assistance has allowed to reach this purpose, kayokuju a role in preparation of act of terrorism the given person, whether and imeyolas at it played possibility to finish a crime. The estimation the circumstances which have induced the given person to cooperation with authorities (first of all, from the point of view of voluntariness or vyyonuzhdennosti simultaneously demand cooperation), and also finality of refusal. Thus it is necessary to consider, that voluntary refusal of a crime excludes the criminal liability, and actions of the executor, the organizer, podstreyokatelja or the helper should be estimated in interrelation with positions of article 15 of the Criminal code of Byelorussia.

10. The terrorism certificate is made intentionally as which components act:

1) comprehension of the social danger of act, its frightening naseyolenie character;

2) a prediction of approach of socially dangerous consequences (poyotentsialnoj and real ádestruction of people, causing considerable imushcheyostvennogo a damage or other heavy consequences);

3) desire of approach of the specified consequences which is based on the specific legislatively fixed purposes.

In the cases provided by parts of second and third item 289 UK ResYOpubliki Belarus, by intention of the guilty are covered provided zayokonom consequences.

11. The purposes of fulfilment of the certificate of terrorism are influence on priyonjatie decisions authorities, hindrance of political or other public work, population intimidation, destabilization obshcheyostvennogo an order.

Under influence on decision-making by authorities follows poyonimat their compulsion to the awarding judgement, having legal posledyostvija, under the threat of fulfilment otherwise the terrorism certificate. Thus actual decision-making under the influence of these circumstances for qualification sodejannogo as terrorism certificate it is not required, if guilty the arson or other actions specified in ch have been made explosion. 1 items 289 UK of Byelorussia.

Political or other public dejayotelnosti it is necessary to understand its probable termination or impossibility of normal realisation as hindrance.

It is necessary to understand creation of a panic or other excitation as population intimidation in a society of fear, representations about vulnerability and danger.

It is necessary to understand impossibility of its maintenance as public order destabilization by militia and other representatives oryoganami in certain territory.

12. As regards second article 289 UK of Byelorussia kvalifitsiruyoetsja the certificate of terrorism made repeatedly. It means, that the person who has earlier made the certificate of terrorism, but not condemned for its fulfilment, again commits a similar crime.

13. The certificate of terrorism made by a group of persons on preliminary arrangement, assumes, that two or more persons were consolidated in advance for its fulfilment. Thus they can operate as co-authors, or with rasyopredeleniem roles. Actions of the organizer, the instigator or the helper are qualified on ch. 2 items 289 UK of Byelorussia referring to stayotju 17 Criminal codes of Byelorussia.

14. Fulfilment of the certificate of terrorism by the person, earlier sudimym for a similar crime or other crime of terrorist character, podrazuyomevaet presence at guilty not removed or outstanding when due hereunder previous convictions under article 124, 126, 2901-2905, parts of 4 articles 309, parts of 3 articles 311 or article 359 of the Criminal code of Byelorussia.

15. If at fulfilment of the certificate of terrorism have been caused heavy teyolesnye damages at least to one person, sodejannoe it is covered by a part of second item 289 UK of Byelorussia and additional qualification under article 147 UK of Byelorussia does not demand.

16. At fulfilment of the certificate of terrorism by the organised group it is necessary for court to estimate degree of its organisation, to establish structure of group and a role of each accomplice in its activity.

17. At fulfilment of the certificate of terrorism with application of objects ispolyozovanija an atomic energy, or with use of radioactive substances or nuclear materials, strong, toxic chemical or biological substances, to court it is necessary to establish dangerous qualities of these substances, damnified a national economy and the population, and also priyo
Ranks and the conditions promoting committing a crime. If them javyoljalos insufficient observance of obligatory requirements in sphere anti - terrorist security, court be taken out the intermediate order.

18. At fulfilment of the certificate of the terrorism interfaced to murder cheloyoveka, it is necessary for court to establish exact quantity of victims. Thus it is necessary to mean, that a part of 3 articles 289 UK of Byelorussia ohvayotyvaet consequences in the form of ádestruction of any number of victims.

19. Taking into account the exclusive social danger of the certificate terrorizyoma vessels should award punishment for its fulfilment taking into account that correction condemned probably only in the conditions of long isolation from a society. Thus on ch. 3 items 289 UK of Byelorussia predusmotreyono punishment in the form of the sole penalty - a death penalty.

20. Appointing as punishment for fulfilment of the certificate of terrorism a death penalty, it is necessary for court to explain condemned limits obzhaloyovanija a sentence in this part according to criminal procedure zayokonodatelstvom Byelorussia.

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A source: Kalinin Roman Sergeevich. CRIMINAL LIABILITY FOR ACT OF TERRORISM UNDER the LEGISLATION of the RUSSIAN FEDERATION And REPUBLIC Belarus. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2018. 2018

More on topic THE APPENDIX:

  1. the Appendix
  2. the Appendix 4
  3. the Appendix
  4. THE APPENDIX
  5. the Appendix
  6. THE APPENDIX
  7. the APPENDIX 4
  8. the Appendix
  9. the Appendix
  10. the Appendix
  11. the Appendix
  12. THE APPENDIX
  13. the Appendix
  14. THE APPENDIX
  15. the Appendix
  16. the Appendix
  17. the Appendix In
  18. THE APPENDIX