Independent Norms on Liability for Preparatory Activity as Instruments of Criminal-Legal Impact on the Terrorist Infrastructure

The Russian model of criminal liability for the preparation of terrorist crimes is complex and comprehensive. The Criminal Code of the Russian Federation establishes a number of “barriers” designed to counter terrorist activity early on, forming a multi‑layered system. Firstly, the Criminal Code of the Russian Federation contains provisions on liability for preparation for a crime (Part 1, Article 30 of the Criminal Code of the Russian Federation), which are applicable to any serious and especially serious crimes committed with direct intent, a practice uncommon in most foreign countries. Secondly, the Criminal Code of the Russian Federation includes criminal provisions on liability for certain manifestations of preparation for terrorist crimes — the creation, leadership, and participation in terrorist organizations (Articles 205.4, 205.5, 208 of the Criminal Code of the Russian Federation), and training for the purpose of carrying out terrorist activities (Article 205.3 of the Criminal Code of the Russian Federation). The purpose of this study is to assess the advantages and disadvantages of a dualistic approach to countering the early stages of terrorist activity. Achieving this goal requires solving a number of tasks: identifying the socio‑legal prerequisites for the legislative construction of independent norms on liability for preparatory activities; studying relevant international experience; and analyzing and summarizing doctrinal approaches. The study is based on a systems approach methodology, as well as special methods used in legal research (comparative legal, historical legal, formal logical). The study found that the development of independent provisions on liability for sui generis preparation is entirely justified. These provisions expand the standards for establishing a subjective connection between preparatory acts and planned terrorist crimes and allow for overcoming the categorical limitations stipulated by Part 2 of Article 30 of the Criminal Code of the Russian Federation.