Problems of Qualification of Mercenary Crimes of a Terrorist Nature
( Pp. 72-76)

More about authors
Mokhovikov Oleg Vyacheslavovich Police Colonel, Head of the Department of Training of Police Officers in the Field of Transport Security of the All-Russian Institute for Advanced Training of Employees of the Ministry of Internal Affairs of Russia
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Nalchik, Russia Pakhomov Aleksey Nikolaevich Police Colonel, Deputy Head of Fire and Physical Training Department
Rostov Law Institute of the Ministry of Internal Affairs of Russia, Volgodonsk branch
Volgodonsk, Russia
Abstract:
Terrorist activity quite often has mercenary motives, since the development of the corresponding criminal organizations requires constant material support. In this context, of significant interest is the commission by representatives of terrorist organizations of criminal acts, which, according to Russian criminal law, are qualified as independent acts. Crimes such as kidnapping and hostage-taking, which are very common in the activities of terrorist organizations, are of significant interest within the framework of the stated problems. In legal science, these acts are usually considered as mercenary crimes of a terrorist nature, since their commission in practice is often accompanied by material demands on the part of criminals. The purpose of the present study is to analyze the existing problems of qualifying mercenary crimes of a terrorist nature. The author comes to the conclusion that, on the one hand, kidnapping and hostage-taking are outwardly very similar crimes, and on the other hand, each of these criminal acts is an independent crime, which has very specific features. Attention is focused on certain criteria that make it possible to distinguish between the above-mentioned crimes, which are subject to precise determination in the process of qualifying the above-mentioned crimes. As a promising direction for improving the current criminal legislation, a detailed regulation of the content characteristics of kidnapping and hostage-taking is singled out, which will help resolve problems that arise when qualifying these related acts.
How to Cite:
Mokhovikov O.V., Pakhomov A.N., (2022), PROBLEMS OF QUALIFICATION OF MERCENARY CRIMES OF A TERRORIST NATURE. Gaps in Russian Legislation, 5 => 72-76.
Reference list:
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Van Z., Serebrennikova A.V., Lebedev M.V. The gaps in the law when formulating the norms on the taking of hostages (Article 206) and kidnapping (Article 126): problems of law enforcement // Gaps in Russian legislation. 2020. No. 1. S. 109-113.
Zhirov R.M. Kidnapping and hostage-taking: problems of demarcation // Law and Law. 2022. №4. pp. 127-129.
Kanunnikova N.G. On the issue of hostage-taking as a method of committing acts of terrorism // New Science - New Opportunities: Collection of Articles of the II International Research Competition. Petrozavodsk, 2021, pp. 106-111.
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Decree of the Plenum of the Supreme Court of the Russian Federation of December 24, 2019 No. 58 “On judicial practice in cases of kidnapping, illegal imprisonment and human trafficking” // Bulletin of the Supreme Court of the Russian Federation. 2020. No. 3.
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Keywords:
terrorism, crimes of a terrorist nature, mercenary crimes, qualification problems, Russian criminal law.


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