Гуманитарные и юридические исследования (Nov 2023)
The institute of limitation of exemption from criminal liability in respect of crimes of a terrorist nature
Abstract
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.
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