The institute of limitation of exemption from criminal liability in respect of crimes of a terrorist nature

Introduction. The change in the legislative position regarding the application of statute of limitations to crimes involving terrorist activities and the obligatory application of the criminal legislation of Russia and the RSFSR led to the search for a formula for the application of statute of limitations. Joining the composition of international encroachments, in respect of which there is an unconditional ban on the application of statute of limitations, a group of terrorist crimes, formed different positions of law enforcers on comparing the grounds for applying statute of limitations. With regard to acts committed before the introduction in the current criminal law of limitation of statute of limitations for crimes of a terrorist nature, scientific views are reduced to the non-application of a preemptive statute of limitations of 15 years, since the General and Special parts of the criminal law of the Russian Federation are systematically applied.

Materials and Methods. The choice of methods is explained by the choice of tasks. The comparative-historical method is used in the work to identify the patterns of application of statute of limitations in a historical perspective; a comparative method was used to summarize the data on the application of the grounds for exemption from criminal liability during the period of the laws of the RSFSR and the Russian Federation, as well as the law of the Russian Federation during the period of application of various editions of Article 78 of the Criminal Code of the Russian Federation.

Analysis. The procedure for applying the rules on exemption from liability in connection with the expiration of the statute of limitations should not be decided through the prism of the institutions of the operation of the law in time and the retroactive effect of the criminal law.

Results. The procedure for implementing the legislative idea of non-application of statute of limitations for terrorist crimes is carried out by implementing the prohibition of applying a pre-trial period to crimes punishable by death.

1. Alekseev S. S. General theory of law: in 2 volumes. Vol. 1. Moscow: Legal Literature, 1981. 360 p.

2. Alikperov Kh. D., Kurbanova K. Sh. Criminal Code of the Russian Federation and some problems of exemption from criminal liability. Gosudarstvo i parvo = State and Law. 2000;1:59.

3. Balafendiev A. Exemption from criminal liability in connection with the expiration of the statute of limitations under the Criminal Code of the Russian Federation. Ugolovnoe parvo = Criminal Law. 2011;1:4-8.

4. Gavrilov M. A. The possibility of initiating a criminal case in the event of the expiration of the statute of limitations. Zakonnost’ = Legitimacy. 2022;7:62–66.

5. Convention on the inapplicability of the statute of limitations to war crimes and crimes against humanity [Russian, English] (Concluded in New York on November 26, 1968). Vedomosti VS SSSR = Vedomosti of the AF USSR.1971;2. Art. 18.

6. Christie N. A convenient number of crimes / trans. from English. E. Maternovskaya; under total ed. and with preface. ME AND. Gilinsky. St. Petersburg: Aleteyya, 2006. 126 p.

7. Maltsev V. V. Exemption from criminal liability in connection with the expiration of the statute of limitations. Ugolovnoe parvo = Criminal law. 2006;1:45-49.

8. Mikhal O. A. Category of a crime of exceptional gravity. Sovremennoe pravo = Modern law. 2022;10:113-117.

9. Determination of the Constitutional Court of the Russian Federation of December 28, 2021 No 2694-O “On the refusal to accept for consideration the complaint of citizen Islam Saidakhmatovich Batsiev about the violation of his constitutional rights by a number of provisions of the Criminal Procedure Code of the Russian Federation and the Criminal Code of the Russian Federation” SPS «Konsul’tant Plyus» = Reference Search Engine «Сonsultant Plus».

10. Official website of the Southern District Military Court. URL: https://yovs--ros.sudrf.ru/modules.php?name=sud_delo&srv_num=1&name_op=case&case_id=14433663&case_uid=c42963a6-362f-481d-ad87-8255a2612361&delo_id=1540006 (accessed: 08.07.2023.)

11. Sabitov T. R. Refraction of the General Principles of Russian Law in Criminal Law SPS «Konsul’tant Plyus» = Reference Search Engine «Сonsultant Plus».

12. Tagantsev N. S. Russian criminal law. Part General. Vol. 1. Tula: Autograph, 2001. 800 p.

13. Federal Law of 05.05.2014 No. 130-FZ (as amended on 03.07.2016) “On Amendments to Certain Legislative Acts of the Russian Federation” in Collection of Legislation of the Russian Federation. 12.05.2014. No 19. Art. 2335.

14. Federal Law No. 10-FZ of 01.07.1994 “On Amendments and Additions to the Criminal Code of the RSFSR and the Code of Criminal Procedure of the RSFSR” in Collection of Legislation of the Russian Federation. 04.07.1994. No. 10. Art. 1109.

15. Yani P. S. Punishability of an act by the death penalty and prescription. Zakonnost’ = Legality. 2021;1:30-35.