Abstract
It is a relatively recent development that Russia felt that it is imperative to develop a more sophisticated understanding of combating terrorism. The very first version of the RSFSR Criminal Code was prepared in a short time after the conclusion of the Russian Civil War and several separatist conflicts (e.g., the Baltic States, Poland, and Ukraine). The written law dealt with terrorism in a fairly cursory manner giving a seemingly legal character to what in essence was viewed as “war”.
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Notes
- 1.
Ugolovnyi Kodeks RSFSR [Criminal Code of the RSFSR), 1926 (amended as of March 1, 1957) available at http://www.kodeks-luks.ru/ciws/site?tid=0&nd=901757374&nh=1 (Accessed May 14, 2012).
- 2.
The sanctions listed in Article 58-2 are “the supreme measures of social defense—shooting, or proclamation as an enemy of the workers, with confiscation of property and with deprivation of citizenship of the union republic, and likewise of citizenship of the Soviet Union, and permanent expulsion beyond the borders of the USSR, with the allowance under extenuating circumstances of reduction to deprivation of liberty to a term of no less than three years, with confiscation of all or part of one’s property.”.
- 3.
Id.
- 4.
According to then-Russian State Duma Member Viktor E. Petrishchev, in 1994 pursuant to Federal Law No. 10—FZ, the RSFSR Criminal Code introduced the first legal definition of terrorism in Article 213(3)—when the new Criminal Code of the Russian Federation entered into effect, this provision became part of Article 205. Viktor E. Petrishchev, “Russian Legislation and the Fight against Terrorism,” High Impact Terrorism: Proceedings of a Russian-American Workshop, at 27, (Washington, D.C.: 2002).
- 5.
Federal Law of the Russian Federation No. 130-FZ, “On the Fight against Terrorism,” July 25, 1998 available at http://www.scrf.gov.ru/documents/30.html (hereinafter the “1998 Anti-Terrorism Law”).
- 6.
Id., Art. 2.
- 7.
See Unidentified Author, “Dagestan: 116 victims of armed conflict in the first quarter of 2012,” Caucasian Knot, April 12, 2012, available at http://www.eng.kavkaz-uzel.ru/articles/20728/, Postanovlenie No 1 Plenuma Verkhovnogo Suda Rossiiskoi Federatsii [Decree of the Plenum of the Supreme Court of the Russian Federation], “O nekotorykh voprosakh sudebnoi praktiki po ugolovnym delam o prestupleniiakh terroristicheskoi napravlennosti” [“On Several Issues of Judicial Practice for Criminal Matters on Crimes of Terrorist Intent”], February 9, 2012, available at http://www.vsrf.ru/Show_pdf.php?Id=7695 and Yurii Yakovlevich Chaika, “Doklad na zasedanii Soveta Federatsii, Federal’nogo Sobraniia, Rossiiskoi Federatsii” [“Report at the Meeting of the Council of the Federation”], Federal Assembly of the Russian Federation Website of the General Procuracy (undated), available at http://genproc.gov.ru/management/appearences/document-13701/ (All Accessed May 14, 2012). We note that we have not found data concerning individuals acquitted of charges related to terrorism or decisions not to pursue prosecutions following arrests linked to terrorism.
References
Criminal Code of the Russian Federation, June 13, 1996 (as amended).
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Burger, E.S., Cheloukhine, S. (2013). Conceptualizations of Russian Counterterrorism. In: Counterterrorism in Areas of Political Unrest. SpringerBriefs in Criminology(). Springer, New York, NY. https://doi.org/10.1007/978-1-4614-5140-2_3
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