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THE CONCLUSION

Crimes of a terrorist orientation qualitatively differ from other acts, first of all, social danger degree. Committing crimes of a terrorist orientation, criminals show the protest to the state, authorities.

Therefore the raised social danger of crimes of a terrorist orientation in a criminal law and criminology science is recognised for a long time. At the same time there are no researches on studying of the person of the criminal-terrorist. The Kriminologichesky characteristic of the person of the criminal-terrorist became an actual problem kriminologicheskoj sciences.

The analysis of the scientific literature, investigatory and judiciary practice, results of sociological interrogations concerning studying of the person of the criminal-terrorist has allowed to come to following conclusions:

1. The Criminal-terrorist differs from the person with lawful behaviour the negative maintenance of tsennostno-standard system and psychological features. The carried out research has allowed to allocate concept "criminal-terrorist" of narrow and wide sense. In narrow sense the criminal-terrorist is the person who made or has organised fulfilment of act of terrorism, including the certificate of the international terrorism. In a broad sense the criminal-terrorist is the person possessing habits, the propensities, steady stereotypes of extremist behaviour, ability to criminal self-sacrifice to which neglect demonstration to secular norms is peculiar, and also following to customs and the traditions created in the extremist world, the made or organised fulfilment of act of terrorism or the certificate of the international terrorism; financing terrorist activity; declining, hiring
Or involving other people in terrorist activity; arming or preparing other person to fulfilment of crimes of a terrorist orientation; rendering posobnicheskie services; publicly calling for realisation of terrorist activity or publicly justifying the terrorism, propagandising it; trained with a view of realisation of terrorist activity or fulfilment of one of crimes of a terrorist orientation; the created terrorist community or participating in it; organised activity of the terrorist organisation or participating in activity of such organisation; grasped hostages; being the organizer or the participant of the illegal armed formation created for contribution to terrorism and extremism; Made stealing of a vessel air or a sailing charter or a railway rolling stock, and equally capture of such vessel or structure with a view of the stealing, interfaced to fulfilment of act of terrorism or other realisation of terrorist activity; the made encroachment for a life public or the statesman or the employee of law enforcement body, the military man or the person who are carrying out justice or preliminary investigation on extremist motives; seized power or violently its kept; organised armed rebellion or actively participating in it with a view of overthrow or violent change of the constitutional system of the Russian Federation or infringement of territorial integrity of the Russian Federation; attacked persons or establishment which use the international protection.

2. The analysis of materials investigatory, judicial and ugolovnoyoispolnitelnoj the experts, the given sociological interrogations among various categories of the population has allowed to allocate two categories of terrorists: 1) leaders, heads of terrorist communities,
The organisations; recruiters, vovlekateli in terrorist activity; 2) executors, helpers, participants of terrorist communities, the terrorist organisations.

3. On the basis of the carried out research it is constituted typical kriminologichesky a portrait of the criminal-terrorist of the first category: the male at the age of 25-45 years (women constitute 5 %), a having average, the general and higher education; on citizenship - basically the citizen of the Russian Federation (foreign subjects or stateless persons constitute 7 %); under the social status and an occupation - the businessman, the worker of sphere of service; under the marital status - married (married); on bad habits - abusing alcohol; on features of character - ability to convince, mislead other people, lobbying the mercantile interests, avidity, aggression, ruthlessness, desire to show the power over people, intolerance to opinion of others, deep deformations of moral and legal values; On moral-psychological qualities - the generated radical sights, ideas, installations, valuable orientations, ignoring legal and moral standards, indifference to the problems which are in the centre of attention of a secular society, hatred to public agents, disrespect for religious feelings of representatives of other religions; under criminally-legal characteristics - previous conviction presence for fulfilment of crimes.

4. The Kriminologichesky characteristic of the person of the terrorist of the second category differs from kriminologicheskogo a portrait of the terrorist of the first category on many qualities: this person of youth age (16-29 years), basically male (women constitute 19 %), having initial or average (religious including the higher) formation; on citizenship - basically the citizen of the Russian Federation (foreign subjects or stateless persons constitute 5 %); under the social status
And to an occupation - the unemployed, working, the worker of sphere of trade and business, the student, the pupil; on bad habits - abusing narcotics and psychotropic substances; on features of character - isolation, reserve, uncertainty, a dissatisfaction with the private life, ability to self-sacrifice for the sake of imaginary ideas; on moral-psychological qualities - inability to dream, plan the future; absence of the perspective positive purposes, a low self-estimation, the uneasiness, the limited thinking; on obrazovatelnoyokulturnym and it is functional-otnoshencheskim to qualities - loss of interest to study in secular educational institutions, aversion of requirements of a society; estrangement from a family; limitation of use of channels of the cultural information, preference to means of reception of the extremist information, interest the information of extremist character; absence of plans for the future; The indifferent relation to the future work, trade.

5. The gender approach to research has allowed to allocate features kriminologicheskoj characteristics of the woman-terrorist. The Criminal - the terrorist (especially "shahid") is more self-critical, more disturbing and strained, feels sincere discomfort more sharply, the terrorist that testifies to its low self-estimation sees in itself more than negative qualities, rather than. By research it is established, that young women with a low self-estimation are easier for involving in fulfilment of crimes of a terrorist orientation. The carried out research has proved groundlessness of a hypothesis that basically crimes are made by the women who have been not charged with a family, children, that the family is the deterrent of criminal behaviour of the woman-terrorist.

6. In research classification of criminals-terrorists by following criteria is given:

- Depending on the committed crime: the persons made and promoting fulfilment of acts of terrorism; the persons financing terrorist activity; helpers of terrorist activity; terrorists-recruiters; the persons declining or involving other people in terrorist activity; the persons publicly calling for realisation of terrorist activity either publicly justifying terrorism or propagandising it; the persons who are trained with a view of realisation of terrorist activity or fulfilment of one of crimes; the persons created terrorist community or participating in it; the persons organised activity of the terrorist organisation or participating in activity of such organisation; the persons who have made an encroachment for a life public or the statesman; The persons who have made an encroachment for a life of the employee of law enforcement body or the military man; the criminals who have made an encroachment for a life of the person, carrying out justice or preliminary investigation; organizers and participants of the illegal armed formations; the persons who have grasped hostages;

- On a carried out role in committing a crime of a terrorist orientation: organizers, heads, leaders; executors; helpers; instigators;

7. In research are allocated typology of criminals-terrorists by various criteria:

- According to installation: terrorists with mercenary installation; terrorists with korystno-violent installation; terrorists with violently-egoistical installation; terrorists with is cowardly-cowardly installation;

- Depending on character and motivation of committing a crime:

The mercenary terrorist; the terrorist-player; the terrorist-avenger.

- Depending on the purposes of terrorist activity: the terrorist pursuing political ends; the terrorist, aspiring to restore social justice by means of terror; the terrorist wishing samorealizovatsja through terrorist activity; the terrorist-fanatic;

- On degree of degradation of the person: is situational-extremist type;

Hence-kriminogennyj type; situationally-viktimnyj type; violently-aggressive type; is cowardly-cowardly type; is thoughtless-irresponsible type.

8. The carried out research has allowed to allocate some stages of formation of the suicide bomber (the terrorist - of "shahid"). ’ 1) the Beginning of formation of an extremist orientation when the person still does not have accurate extremist position. At this stage the great value gets counteraction to process of formation of the person of the criminal-terrorist. Nonacceptance of preventive measures results in the second stage; 2) the second stage is logic continuation of the first. The person of youth age is in the extremist environment where its extremist sights are formed, values and ideals; 3) at the third stage the extremist behaviour of the potential criminal-terrorist accepts the realised and purposeful character; 4) at the fourth stage the young man (the young woman or the girl) finds the place in a microhabitat with an extremist spirit, finds the status and a recognition; 5) at the fifth stage the person of youth age becomes the active conspirator of extremist sense; there is a sharp crisis in its development, it is very difficult to it to live in a secular society and a family; 6) at the sixth stage the terrorist (terrorist) himself itself) makes decomposing impact on other persons, commits crimes of a terrorist orientation; 7)
At last stage the criminal-terrorist (the criminal - the terrorist) makes act of terrorism.

9. The counteraction system depends on stages of formation by the terrorist (докриминогенный1, predkriminogennyj [282 [283] and kriminogennyj [284]). Dokriminogennyj level (most senzitivnyj the period for preventive maintenance) provides the prevention of process of formation of the person of the criminal-terrorist in following directions:) decrease in influence of adverse social and economic and sociopolitical conditions for a life of persons of youth age; creation favorable social and economic, sociopolitical and sotsialnoyopsihologicheskih conditions of formation of the person with lawful behaviour; formation of installations of tolerant consciousness and behaviour; propagation of true values of religion; socialisation of youth in the tideway of intolerance, aversions of ideology of terrorism and extremism. On predkriminogennom a stage elimination of direct and indirect extremist influence on the person with the help spetsialnoyokriminologicheskih measures is necessary. On kriminogennom a stage preventive value
Effective activity of specialised subjects of preventive maintenance has.

10. The factors causing process of formation of the person of the criminal-terrorist, are: a low standard of living, high unemployment, a difficult sociopolitical situation in the North Caucasus; the martial law in the Chechen Republic in the nineties the XX-th centuries; events in August-September, 1999 in Republic Dagestan; destruction of the state system of manufacture and population employment; foreign intervention in process of preparation of extremists (recruitment, financing, training, brain washing); a clannishness; connivance from public agents; abusing official powers and excess of official powers from workers of law enforcement bodies; corruption among public agents; legal nihilism of the population, including public agents; absence of a state policy concerning religion; Weak psychological readiness of workers of law enforcement bodies to antiterrorist activity; brain washing of persons of youth age, pupils and students of foreign religious institutions; involving of persons of youth age in communities of extremist sense; growth in republics of the North Caucasus of families with an extremist way of life etc.

11. The prevention of process of formation of the person of the criminal - of the terrorist is a set obshchesotsialnyh, spetsialnoyokriminologicheskih and the individually-preventive measures directed on elimination of factors, promoting formation of the young man by the terrorist; creation by the state bodies and public organisations of conditions for formation of the person with lawful behaviour; resotsializatsiju persons of youth age with the radical
Behaviour specialised and unspecialized subjects of early crime prevention.

12. Obshchesotsialnye measures of counteraction to process of formation of the person of the criminal-terrorist is a set of the measures directed on improvement of internal political conditions in regions Russian Federation, frontier strengthening; unemployment minimisation; creation of the state enterprises; the help in development of enterprise activity of persons of youth age; development of a network of establishments for a youth additional education; counteraction to process of involving of youth in the terrorist organisations; carrying out of corresponding examination of pedagogical activity of the foreign religious centres where the Russian citizens are trained; control strengthening (in some cases) behind departure of youth for training in foreign educational institutions; strengthening of material base of the divisions combating communities of terrorist and extremist sense; Perfection of the criminal legislation and system of opposition of terrorist activity.

13. Specially-Kriminologichesky measures of counteraction to process of formation of the person of the criminal-terrorist is a set of the measures directed on revealing of representatives of communities of terrorist sense, members of the illegal armed formations; stay of activity of the mass media preaching extremist, radical values, sights; attraction to administrative and the criminal liability of the persons calling for realisation of terrorist activity through mass media; revealing and suppression of abusings by official powers and prevysheny official powers from public agents, liquidation of external and internal sources
Financings of terrorist activity; cover of channels of financial both other help to public and religious associations from foreign religious structures and the non-governmental noncommercial organisations.

14. Individually-preventive measures of counteraction to process of formation of the person of the criminal-terrorist is a set of the measures directed on formation of installations of tolerant consciousness and behaviour; propagation of true values of religion; education of the person on the basis of the best national traditions and customs, socialisation of youth in the tideway of patriotism, humanism, intolerance, aversion of ideology of extremism and terrorism.

15. Within the limits of criminally-legal measures of counteraction to formation of the person of the criminal-terrorist are suggested to make changes to following norms UK the Russian Federation:

Part of 2 articles 205.1. UK the Russian Federation to state in the following edition:

«2. The acts provided by parts first and first. 1 present article, made concerning the minor or the person with use of the official position, - it is punished...»;

In a disposition of a part of the first 1. Articles 205.1 UK the Russian Federation to include articles 317 and 361 UK the Russian Federation;

In a part of 2 articles 20 UK the Russian Federation to include the crimes provided ch. 3 items 205.1 UK the Russian Federation, 205.2 UK the Russian Federation, 280 UK the Russian Federation and 282 UK the Russian Federation;

Article 205.2. UK the Russian Federation to add with a part of the third of the following maintenance: «the Acts provided by parts of first or second present article, made in the presence of the minor, or with use of the official position - are punished by imprisonment for the term from seven till ten years with the debaring to occupy
Certain posts or to be engaged in certain activity for the term up to five years »;

In article 208 UK the Russian Federation to include a part 1.2. In the following edition:

«1.2. The Same acts made with use of the official position - are punished by imprisonment for the term from twelve to twenty with the debaring to occupy certain posts or to be engaged in certain activity for the term up to five years»;

In article 212 UK the Russian Federation to include a part 1.2. In the following edition: «1.2. The act provided by a part of 1.1 present articles, made concerning the minor, - is punished by imprisonment for the term from seven till ten years with the debaring to occupy certain posts or to be engaged in certain activity for the term up to five years»;

To include a death penalty in sanctions of the item of item 205 ch. 4, 205.1. ch. 4, 205.4.

ch. 1, 206 ch. 4, 211 ch. 4, 361 UK the Russian Federation.

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A source: Buchaev Said Maratovich. Criminological problems of countering the process of formation of the identity of a criminal-terrorist. Thesis for the degree of candidate of legal sciences. Grozny - 2019. 2019

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