Legislative Differentiation of Criminal Groups Aimed at Committing Terrorist Crimes: A Critical Analysis
Annotation
Federal Law No. 302-FZ of 02.11.2013 introduced Articles 205.4 and 205.5 into the Crimi-nal Code of the Russian Federation, implementing a "block" method of criminalizing organiza-tional activity: the legislator constructed a "bundle" of articles on liability for the "primary" crea-tion of a terrorist community (Article 205.4 of the Criminal Code of the Russian Federation) and organizing the activities of an already banned terrorist organization (Article 205.5 of the Criminal Code of the Russian Federation). The main objective of this publication is to assess the criminal law consequences of this legislative decision. Methodology: general scientific (abstraction, analy-sis, synthesis, deduction, induction) and special methods characteristic of legal research (historical and legal, comparative legal, formal logical). Conclusions. The conducted research leads to the conclusion that the criminalization of "primary" and "secondary" organizational and managerial terrorist activity is fully justified. At the same time, Articles 205.4 and 205.5 of the Criminal Code of the Russian Federation have not resolved the long-standing problem of the inconsistent (and sometimes contradictory) classification of the actions of the leaders and participants of terrorist groups. Moreover, new problems have arisen related to the violation of the fundamental principle of criminal law: non bis in idem. The main shortcoming of Articles 205.4 and 205.5 of the Crimi-nal Code of the Russian Federation is that the characteristics of a terrorist community and a ter-rorist organization established by them "intersect" with each other, as well as with the characteris-tics of an illegal armed formation, as provided for in Article 208 of the Criminal Code of the Rus-sian Federation. An organized armed group pursuing terrorist goals meets both the characteristics of a terrorist community and those of an illegal armed formation. And if this group is associated with a banned terrorist organization, is its division (cell), then, among other things, it fully fits the legislative "template" of a terrorist organization. Scientific and practical significance. The find-ings presented in this article can serve as a basis for improving criminal law provisions on liability for the organizational and managerial infrastructure of terrorism.
Keywords
| Type | Article |
| Information | Juridical Education and Science № 02/2026 |
| Pages | 20-26 |
| DOI | 10.18572/1813-1190-2026-2-20-26 |
