Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2020 13 (10)

Authors

Serebrennikova, Anna V.; Lebedev, Maksim V.

Contact information

Serebrennikova, Anna V.: Lomonosov Moscow State University Russian Federation, Moscow; : ORCID: 0000-0002-1064-4171; Lebedev, Maksim V.: Gubkin Russian State University of Oil and Gas (National Research University) Russian Federation, Moscow; ; ORCID: 0000-0001-7199-5277

Keywords

Criminal Code; qualification problems; criminal liability; genesis of the norm; public safety; terrorist act; hostage taking; hijacking of an aircraft

Abstract

The widespread prevalence of terrorist crimes, as well as the problems of qualifying hostage taking and demarcation from related crimes, are currently relevant for scientific research. The theoretical and practical aspects contained in the norm on criminal liability for hostage taking have had a long and ambiguous history; they require studying the genesis of the norm on hostage taking and the practice of its application. The work contains only significant records of domestic jurisprudence, containing norms on criminal liability for hostage taking from origins up to the present. Methodology: deduction, induction, methods of synthesis, analysis, historical and formal logical research. Conclusions: 1. The history of the application of the norm on criminal liability for hostage taking is fraught with qualification problems at all stages. These problems are ambiguous and are expressed by the fact that the legislator, under the influence of external and internal factors, makes mistakes in the systematization and codification of the criminal law, often losing the line between the norm and related crimes. As for external factors, in our understanding they are also the norms of international law on hostage taking, which, influencing the national law of the USSR, went through the stages of their development, creating norms by trial and error. For example, the rule did not apply if the taking occurred within the same state and the hostage and the perpetrators were its citizens. 2. The analysis of official statistics starting from the single crimes of the Soviet period, the post-perestroika mass crime boom of the 90s of the last century caused by the political crisis, ending with the statistical recession and the relatively well-coordinated work of state structures of the 2000s allows us to conclude that there are calculus flaws. 3. The introduction of the category of public safety has led to a significant decrease in statistical indicators, due to qualifications through related crimes. In this regard, according to lawyers, the reduction in hostage taking has a technical or static character. This led to a proportional increase in qualifications in related crimes. Scientific and practical significance: The study presented in the article gives an ontological idea of the development of the norm, reveals the technique of law making in the design of the norm on hostage taking. The conducted research is based on the materials of judicial practice in specific criminal cases, which may be of interest to researchers of this norm. These examples show the presence of law enforcement errors in the qualification of terroristic crimes, which can be perceived by practitioners as educational material. The article can serve as a source of scientific information for students of law schools, graduate students and applicants, as well as for researchers involved in the study of the national criminal law of the Russian Federation

Pages

1600–1609

DOI

10.17516/1997-1370-0666

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/137539

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).