SOME ISSUES OF CRIMINAL AND LEGAL INVESTIGATION OF CRIMES OF TERRORIST ORIENTATION

Abstract

The article examines certain issues of the criminal-legal characteristics of terrorist-oriented crimes. Separate issues of special types of stable criminal and illegal associations, which are characterized by a focus on committing crimes of a terrorist nature, are considered. The issue of the fact that a terrorist group and a terrorist organization are two separate independent types of special forms of complicity in a criminal offense have been analyzed. Also, the issue of distinguishing a terrorist group and a terrorist organization from paramilitary or armed formations not provided for by law, as two other separate independent types of criminal groups that commit crimes against public security, is analyzed. Regarding the last two types of criminal and illegal groups, a generalizing legal term is proposed – illegal military formations. Legal positions on the definition of terrorist activity, which is the goal of socially dangerous actions of a terrorist organization, have been analyzed. At the same time, it is taken into account that a terrorist group has another special purpose, namely: carrying out terrorist acts. Attention is paid to the issue of distinguishing between a group of persons based on a prior conspiracy, which commits a terrorist act on the one hand, and a terrorist group and terrorist organization on the other. An analysis of the legal category – terrorist purpose in terms of the purpose of a criminal offense was carried out, taking into account the current version of the norms of part 1 of Article 258 of the Criminal Code of Ukraine. In addition, the article notes that criminal-legal relations in the field of combating terrorism are a subgeneric object of a criminal offense within the sphere of public security, as a generic object of a criminal offense. At the same time, public security together with national security, state security, as well as together with the security of other areas of the administrative and political sphere are components of public security, which in this case is a supra-generic object of a criminal offense. This article, among other things, takes into account the fact that common forms of complicity in the commission of a criminal offense are, including, an organized group and a criminal organization; legal features that are characteristic of a terrorist group and a terrorist organization, respectively.