Russian Federation
The relevance of the problems of interpretation and enforcement of prosecution for failure to report the person (s) preparing, committing and committing the crimes provided for in the disposition of the norm and not prosecuting for failure to report the acts provided for by Article 205.6 of the Criminal Code of the Russian Federation, provided there is no information about the person (persons) who committed it, contributes to the effectiveness of countering terrorism. Evaluating the generally positive norm of the Criminal Law provided for in Article 205.6 of the Criminal Code of the Russian Federation, it is proposed to change the name to “Failure to report a terrorist crime”, which will eliminate discrepancies with the disposition of the norm; information about a committed or committed crime, listed in the disposition of this provision, fixing in the disposition of criminal liability for failure to report grave and especially grave crimes. It is recommended in the comments to the article to clarify the concepts:“reliable information”, “the source of information” and “the method of obtaining such information”.
terrorism, failure to report a crime, terrorist act, terrorist activity, qualification of the act, information, objective side
1. On refusal to accept for consideration the complaint of citizen Magomed Saifudinovich Pataliev on violation of his constitutional rights by Article 205.6 of the Criminal Code of the Russian Federation: ruling of the Constitutional Court of the Russian Federation no. 1996-O of July 17, 2018. URL: https://ukrfkod.ru/pract/opredelenie-konstitutsionnogo-suda-rf-ot-17072018-n-1996-o (accessed 12.03.2021). (In Russ.)
2. Motin O. A. Failure to report a crime (Article 205.6 of the Criminal Code of Russia): correlation of public and private interests. Laws of Russia: experience, analysis, practice, 2018, no. 2. (In Russ.)
3. Batanov A. N. Criminal liability for failure to report a crime. Lawyer’s practice, 2016, no. 6, pp. 41-42. (In Russ.)
4. Beknazaryan B. O. Failure to report a crime: problems of application of this norm in modern Russia. International Research Competition of the ICNS Science and Education, pp. 149-153. (In Russ.)
5. Verdict of the Kizlyar District Court of the Republic of Dagestan in criminal case no. 1-68/2018. URL: https://sudact.ru/vsrf/doc/?vsrf (accessed 12.03.2021). (In Russ.)
6. Kirienko M. S. Failure to report a crime: the old composition in new conditions. Lawyer, 2016, no. 7. (In Russ.)
7. Kirillov M. A., Rukavishnikov G. A. On the issue of the activity of the population in reporting information to the internal affairs bodies that is important for combating crime (on the example of criminalization of failure to report a crime). Legal Science and Practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2018, no. 2. (In Russ.)
8. Appeal decision of the Stavropol Regional Court in case no. 22k-5338/2020. URL: https://sudact.ru/regular/doc/18JRJoGF6Jn/?regular-txt=®ular-case_doc (accessed 12.05.2021). (In Russ.)
9. Crimes of a terrorist orientation: a scientific and practical commentary on the norms of the Criminal Code of the Russian Federation (article by article) / ed. by P. V. Agapov. Moscow: Prospect Publ., 2019. 120 p. (In Russ.)
10. The verdict of the Shelkovsky District Court of the Chechen Republic of July 2, 2020 in criminal case no. 2. URL: https://sudact.ru/regular/doc/FiPMFOUiIcYu/?regular (accessed 12.03.2021). (In Russ.)
11. The verdict of the Shelkovsky District Court of the Chechen Republic in case no. 2. URL: https://sudact.ru/regular/doc/DP4AFWsWj8rN/?regular (accessed 12.06.2021). (In Russ.)
