THE CONCEPT OF «ACT OF TERRORISM» IN THE LEGISLATION AND CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_165Keywords:
a terrorist act, special types of exemption from criminal liability, conditions for exemption from criminal liability of persons who participated in the preparation of an act of terrorism, terrorismAbstract
The multiplicity of the scientific definitions of the term «act of terrorism», debatable issues of special types of exemption from criminal responsibility necessitates analysis of the conceptual content of the term and the grounds of application-to-face, participating in the preparation of the terrorist act, the provisions of the note to article 255 of the criminal code.
The purpose of the article is the distinction between the concepts of «terrorism», «terror» and «terrorist act»; analysis and interpretation of the etymology of the term «terrorism», the existing regulatory and doctrinal definitions of the terms «terrorism» and «act of terrorism»; the consideration of the grounds of application-to-face, participating in the preparation of the terrorist act, the provisions of the note to article 255 of the criminal code; compliance with the General idea of the exemption from criminal liability laid down in the note to article 255 of the criminal code.
The subject of research is the definition of «act of terrorism» in Russian law and criminal law, the conditions for exemption from criminal liability for participation in the preparation of act of terrorism. The article uses formal-logical, logical-legal and comparative-legal research methods.
The paper reveals that the general legal definition of the concept of terrorism specifies the most characteristic features (signs) of this negative phenomenon; the legislative definition of «act of terrorism» needs to be adjusted. The inconsistency of the provisions of the note to Article 255 of the Criminal Code of the Republic of Kazakhstan with Article 26 of the Criminal Code is proved.