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Amending The Penal Code Of The Russian Federation And The Code Of Criminal Procedure Of The Russian Federation With Regard To The Establishment Of Additional Measures To Counter Terrorism And Public Safety

Original Language Title: О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в части установления дополнительных мер противодействия терроризму и обеспечения общественной безопасности

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RUSSIAN FEDERATION FEDERAL LAW amending the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation additional measures to counter terrorism terrorism and public security Adopted by the State Duma on June 24, 2016 Approved by the Federation Council on June 29, 2016 Article 1 Make Criminal Code of the Russian Federation (Collection of Russian legislation, 1996, No. 25, p. 2954; 1998, No. 2332; No. 26, sect. 3012; 1999, No. 7, sect. 873; 2001, No. 11, sect. 1002; No. 26, sect. 2587, 2588; 2002, No. 19, st. 1793; No. 30, sect. 3020, 3029; 2003, No. 28, sect. 2880; No. 50, sect. 4848; 2004, No. 30, sect. 3091, 3092; 2005, No. 1, sect. 13; 2006, No. 31, sect. 3452; 2007, No. 1, est. 46; No. 21, sect. 2456; No. 31, sect. 4008; 2008, No. 52, sect. 6235; 2009, No. 1, sect. 29; No. 31, sect. 3921; No. 45, sect. 5263, 5265; No. 52, sect. 6453; 2010, No. 8, sect. 780; No. 14, est. 1553; No. 19, sect. 2289; No. 30, sect. 3986; No. 31, sect. 4166; No. 41, sect. 5199; No. 50, sect. 6610; 2011, No. 1, est. 10, 39; No. 11, sect. 1495; No. 19, sect. 2714; No. 30, sect. 4598, 4605; No. 50, sect. 762; 2012, No. 10, sect. 1162, 1166; No. 43, sect. 5785; No. 47, Text 6401; No. 53, sect. 7631, 7633; 2013, No. 26, st. 3207; No. 27, sect. 3442, 3477, 3478; No. 30, sect. 4054, 4078; No. 43, est. 5440; No. 44, est. 5641; No. 51, sect. No. 52, sect. 6997; 2014, No. 6, est. 556; No. 19, sect. 2303, 2309, 2333, 2335; No. 26, sect. 3376, 3385; No. 30, sect. 4228, 4259, 4278; No. 48, sect. 6651; 2015, No. 1, art. 83, 85; No. 27, sect. 3983; 2016, No. 1, est. (61) The following changes: (1) part 3 of article 12, after the words "international treaty of the Russian Federation", to be supplemented by the words " or another instrument of an international character which contains obligations recognized by the Russian Federation, The scope of the relationship governed by this Code; 2) Part Two of article 20 should read: " 2. Persons who have reached the age of 14 are criminally liable for murder (art. 105), intentional infliction of grievous bodily harm (art. 111), intentional infliction of moderate damage to health (art. 112), kidnapping (art. 126), rape (art. 131), sexual assault (art. 132), theft (art. 158), robbery (art. 161), robbery (art. 162), extortion (article 163), misappropriation motor vehicle or other vehicle without the purpose of embezzlement (article 166), deliberate destruction or damage to property under aggravating circumstances (art. 167, part 2), terrorist act (art. 205), training in terrorist activities (article 205-3), participation in The terrorist community (art. 205-4, second part), participation in the activities of a terrorist organization (art. 205-5), failure to report a crime (art. 205-6), hostage taking (art. 206), of terrorism (art. 207), participation in an illegal armed group (Part Two) 208), hijacking of aircraft or water transport or railway rolling stock (article 211), participation in mass disturbances (part two, article 212), aggravating circumstances (article 213, part two and third), vandalism (art. 214), illegal acquisition, transfer, sale, storage, transportation or carrying of explosives or explosive devices (article 222-1), illegal manufacturing of explosives or explosive devices (art. 223-1), theft or Extortion of arms, ammunition, explosives and explosive devices (art. 226), theft or extortion of narcotic drugs or psychotropic substances (art. 229), coercion of vehicles or means of communication (art. 267), attacks on the life of a public or public figure 277), an attack on persons or institutions that enjoy international protection (art. 360), an act of international terrorism (art. 361). "; 3) in the fifth article 56, the words" 358 and 360 "shall be replaced by the words" 358, 360 and 361 "; (4) Paragraph "l" of article 63, paragraph 1, should be supplemented with the words ", in the circumstances of armed conflict" of the conflict or hostilities "; 5) part three of article 64, after the words" part of article 211 ", to read", art. 361 "; 6) in paragraph (a) of article 73, paragraph 1, of the first article, of the word" article 205, "and the words", Part Two of Article 205-5 "delete; 7) Part 5 of Article 78 after the figures" 358 "to supplement the numbers", 361 "; 8) in the third article 79 of the words" 205-5 and 210 "with the words" 205-5, 210 and 361 "; 9) The first article of article 82, after the words "Article 211 part 4", should be supplemented with the words ", article 361"; "357 and 358" shall be replaced by "357, 358 and 361"; 11) Part 5 of Article 92 should read: " 5. Minors who have committed offences under article 117, part one and second article 117, part two, article 122, part one, article 126, part three, article 131, part two, article 131, part two 132, part four of article 158, part two, article 161, part one and article 162, part two, article 205-1, article 205-2, article 205-4, article 206, part one, article 206, part two, article 208, part two, part two, part two, article 208, part two, article 208, paragraph 2, of article 208, paragraph 2, of article 208, paragraph 2, of article 208, paragraph 2, of article 208, paragraph 2, of article 208. Second article 210, part one of article 211, parts two and three of article 223 First and second article 226, part one of article 228-1, parts one and two of article 229, article 360 of the present Code, exemption from punishment in the manner provided for in paragraph 2 of this article is not applicable. "; Part 1 of Article 104-1 after the words "Article 359 part 3" after ", article 361"; 13) in article 205: (a) in the second part of the first word, replace the words "of eight" with the words "of 10"; b) in the paragraph fifth part of the second word "of 10", replace by "12"; 14) in Article 205-1: a) in the first part of the first word, "Articles 205, 206, 208, 211, 277, 278, 279 and 360", replace with the words "Articles 205, 205-2, 205-3, 205-4, 205-5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361"; b) The first part of the third shall be as follows: " 3. Procuring at least one of the offences covered by article 205, part three of article 206, part one of article 208 of this Code, "; , paragraph 1 of the notes, shall be worded as follows: " 1. Under the financing of terrorism, this Code refers to the provision or collection of funds or the provision of financial services in the knowledge that they are intended to finance the organization, preparation or commission of at least one of the offences under articles 205, 205-1, 205-2, 205-3, 205-4, 205-5, 206, 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for the financing or other material security of a person for at least one of these or to provide for an organized group, illegal armed Formation, criminal association (criminal organization) created or created to commit at least one of these crimes. "; 15) in article 205-2: (a) in the second part of the first word" in the amount of "In the words" in the amount of 100 thousand rubles "," or compulsory work for the term of up to four years, "delete; b) Part 2 should be restated as follows: " 2. The same acts committed with the use of mass media or electronic or information-telecommunication networks, including the Internet,- are punishable by a fine of between 300 and 1 million rubles or the other income of a convicted person, from three to five years, or from five to seven years ' imprisonment, with disqualification to hold certain positions or engage in certain activities for up to five years. " in the) note to be void; g) to complete the following notes: " Remarks. 1. This article, under the public justification of terrorism, refers to the public declaration of acceptance of the ideology and practice of terrorism as correct, in need of support and imitation. 2. In this article, terrorist activity refers to the commission of at least one of the offences under articles 205-206, 208, 211, 220, 221, 277, 278, 279, 360, 361 of this Code. "; (a) In the first paragraph of "279 and 360", replace the words "279, 360 and 361" with the words "279 and 360" with the words "279 and 360" by "279, 360 and 361"; 17), in the first part of article 205-4, replace the words "279 and 360" with the words "279 and 360" by the words "279 and 360" "279, 360 and 361"; 18) in article 205-5: a) in the second part of the second part In the words "from five to ten", replace the words "from ten to twenty"; b) in the note, "voluntarily terminated", to read " A person who has committed a crime for the first time, as provided for in this article, and voluntarily terminated "; 19) to supplement article 205-6 with the following: " Article 205-6. Failure to report the crime Dissociation to the authorities competent to consider reports of a crime, of the person (s) who are known to be preparing, committing or committing at least one of the offences, provided for in articles 205, 205-1, 205-2, 205-2, 205-3, 205-4, 205-5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of this Code,- is punishable by a fine of up to 100,000 rubles or salary or other income Persons convicted for up to six months or forced labour for a period of up to one year, or shall be punished by imprisonment for the same term. Note. A person shall not be criminally responsible for failing to report the preparation or commission of a crime by his or her spouse or close relative. "; 20) in article 208: a) in the second part of the first word" 8 to fifteen " Replace the words "from ten to twenty"; b) in the second part of the second word "from five to ten" to read "from eight to fifteen"; , in the Note, the words "Person who voluntarily ceased" to be replaced by " The person, for the first time the offence referred to in this article shall be voluntary. (a) " (a) and (c), (c), (c), (c), (c), (c), (c) and (e)). The commission of an offence by a person in the commission of acts covered by Part One of this article- shall be punished with a fine ranging from three hundred thousand to seven hundred thousand roubles, or in the amount of wages or other income From two to four years, either without such persons, or by forced labour for a period of between two and five years, or a term of imprisonment of between five and ten years. "; 22) in article 282: (a) paragraph 2 of Part 1 The following wording: " is punishable by a fine of between 300 and 100 thousand 5,000 rubles or other income of the convicted person for a period of two to three years or forced labour for a period of one to four years with deprivation of the right to hold certain positions or to engage in A certain activity for up to three years or a term of imprisonment of two to five years. "; b) the fifth part of the second sentence should read: " shall be punished by a fine ranging from three hundred thousand to six thousand to six thousand The amount of compensation in the amount of $4.15 billion for the period from 1 a.m. to 3 years. shall be subjected to forced labour for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or deprivation of liberty for a period of three to six years. "; (a) Paragraph 2 of the first paragraph should read: " shall be punished by a fine in the amount of four hundred thousand to eight hundred thousand roubles, or in the amount of the wage or other income of the convicted person between two and four years shall be punished by imprisonment for the term of up to five years with deprivation of the right to occupy determined areas. or engage in certain activities for a period of up to 10 years and with a restriction of liberty for a period of one to two years. "; b) the second part of the first shall be amended to read: " shall be punished by a fine in the case of In the amount of 300 thousand to seven hundred thousand roubles, or in the amount of the wage or other income of the convicted person for a period of two to four years, or forced labour for a term of two to five years with deprivation of the right to hold certain positions, or to engage in certain activities for a period of up to five years or without a restriction of liberty for a period of one to two years, or imprisonment for a term of four to eight years, with a restriction of one year to two years. "; , the second part of the second paragraph, amend to read: " shall be punished by a fine ranging from three hundred thousand to six thousand roubles, or in the amount of the wage or other income of the sentenced person for a period of two to three years, or forced labour for a period of one to four years with deprivation of the right to hold certain posts or engage in certain activities for up to three years or without and with deprivation of liberty for a period of between two and six years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years or without restriction of liberty for up to one year. "; g) a second paragraph of the third sentence: " shall be punished by imprisonment for a term of seven to twelve years, with a fine ranging from three hundred thousand to seven hundred thousand rubles, or in the amount of or other income of a convicted person between two to three years or without such income, c deprivation of the right to hold certain positions or engage in certain activities for a period of up to 10 years or without such activity and with a restriction of liberty for a period of one year to two years. "; (1) of the Notes editions: " 1. A person who has committed a crime for the first time under this article and who voluntarily ceased to participate in the activities of the extremist community shall be exempt from criminal liability if it does not contain a different composition ";"; 24) in article 282-2: (a) the second part of the first paragraph should read: " shall be punished by a fine of four hundred thousand to eight hundred thousand roubles or wages, or from two to four years ' imprisonment or deprivation of liberty for a term of 6 to 10 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 10 years and with a restriction of liberty for a period of one to two years. "; (b) the second part of the first The following wording: " shall be punished with a fine ranging from three hundred thousand rubles to seven hundred thousand rubles, or in the amount of the wage or other income of the convicted person for a period of two to four years, or forced labour for a period of between two and five years. years with disqualification to hold certain positions or engage in certain activities up to five years of activity or without restriction of liberty for a period of one to two years or imprisonment for a term of four to eight years, with a restriction of one year to two years. "; (a) paragraph The second part of the second sentence should read: " shall be punished by a fine ranging from three hundred thousand to six thousand roubles, or in the amount of the wage or other income of the sentenced person between two to three years or compulsory for a period of one to four years, with disqualification to hold certain positions or To engage in certain activities for up to three years or without it, with a restriction of liberty for a period of up to one year, or imprisonment for a term of two to six years, with disqualification to hold certain positions or engage in certain activities for up to five years or without it and with restriction of liberty for a period of up to one year. "; g) the second part of the third sentence shall be amended to read: " shall be punished by imprisonment for a term of seven to twelve years; with a fine ranging from three hundred thousand to seven hundred thousand roubles or wages, or The other income of the convicted person for a period of two to three years, or without such income, with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 10 years or without one, and with a restriction of liberty for a period of one year, until 2 years. "; d) in the note" Person who voluntarily ceased "to be replaced by the words" A person who first commits an offence under this article and voluntarily terminated "; 25) in article 282-3: (a) Paragraph 2 of the first paragraph should read: " shall be punished by a fine ranging from three hundred thousand to seven thousand rubles, or in the amount of wages or other income of the convicted person for a period of two to four years, or by forced labour for a period of one to four years with deprivation of liberty The right to hold certain positions or engage in certain activities for up to three years or without one, with a restriction of liberty for a period of up to one year, or imprisonment for three to eight years. "; b) paragraph 2 Part Two: " shall be punished with a fine of three hundred and three hundred between two and four years or less, or forced labour for a period of between two and five years, with disqualification to hold certain positions, or "To engage in certain activities for a period of up to five years or without one and with a restriction of one year to two years, or imprisonment for a term of five to ten years."; . Crime, "to be replaced by the words" The first offender, "; 26) in the article 322-1: (a) Paragraph 2 of the first sentence should read: "shall be punished with deprivation of liberty for up to five years, with or without restriction of liberty for up to two years."; The following wording should be amended to read: "(a) by a group of persons by prior conspiracy or by an organized group;"; 27) to supplement article 361 with article 361 as follows: " Article 361. Act of International Terrorism 1. OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Russian Federation shall be punished by imprisonment for the term of up to five years or imprisonment for a term of 10 to 20 years. 2. The financing of the acts referred to in the first part of this article or the involvement in their commission- shall be punished by imprisonment for a term of five to ten years with a fine of up to five thousand roubles or wages or other income of the convicted person for a period of up to three years, or without such income. 3. The acts referred to in the first part of this article inflicting the death of a person- shall be punished by imprisonment for a term of between 15 and 20 years, with a restriction of one year to two years or life imprisonment. deprivation of liberty. ". Article 2 of the Code of Criminal Procedure of the Russian Federation (Legislative Assembly Russian Federation, 2001, No. 52, Art. 4921; 2002, No. 22, sect. 2027; No. 30, sect. 3020, 3029; No. 44, sect. 4298; 2003, No. 27, sect. 2700, 2706; No. 50, sect. 4847; 2004, No. 17, sect. 1585; No. 27, sect. 2711; 2005, No. 1, sect. 13; No. 23, art. 2200; 2006, No. 28, sect. 2975, 2976; No. 31, sect. 3452; 2007, No. 1, est. 46; No. 24, sect. 2830, 2833; No. 31, sect. 4011; No. 49, sect. 6033; No. 50, sect. 6235, 6248; 2008, No. 12, sect. 1074; 2009, No. 1, sect. 29; No. 11, sect. 1267; No. 44, sect. 5170; No. 45, sect. 5263; No. 52, sect. 6422; 2010, No. 1, sect. 4; No. 15, sect. 1756; No. 19, sect. 2284; No. 21, sect. 2525; No. 27, sect. 3427, 3431; No. 30, sect. 3986, 4003; No. 31, sect. 4164, 4193; No. 49, sect. 6412; 2011, No. 1, sect. 16, 45; No. 15, est. 2039; No. 23, sect. 3259; No. 25, sect. 3533; No. 29, Art. 4286; No. 30, sect. 4598, 4605; No. 45, sect. 6322, 6334; No. 48, sect. 6730; No. 50, sect. 7361, 7362; 2012, No. 10, est. 1162, 1166; No. 24, est. 3071; No. 30, sect. 4172; No. 31, sect. 4330, 4331; No. 47, sect. 6401; No. 49, sect. (...) (...) 7637; 2013, No. 9, sect. 875; No. 26, sect. 3207; No. 27, sect. 3442, 3478; No. 30, est. 4031, 4050, 4078; No. 44, sect. 5641; No. 51, sect. No. 52, sect. 6945, 6997; 2014, No. 6, est. 556; No. 11, sect. 1094; No. 19, sect. 2303, 2310, 2333, 2335; No. 23, sect. 2927; No. 26, sect. 3385; No. 30, sect. 4219, 4246, 4259, 4278; No. 48, sect. 6651; 2015, No. 1, art. 47, 81, 83, 85; No. 885; No. 10, sect. 1417; No. 21, sect. 2981; No. 29, sect. 4354, 4391; 2016, No. 1, st. 61; No. 14, sect. 1908; No. 18, sect. 2515) The following changes: 1) Article 2 should be supplemented with Part 3: " 3. In the cases provided for in article 12 of the Criminal Code of the Russian Federation, individual proceedings outside the territory of the Russian Federation may be conducted in accordance with the requirements of this Code. "; add the following content to Part 1: " 1-1. In the cases provided for in article 12, paragraph 3, of the Criminal Code of the Russian Federation, certain procedural actions outside the territory of the Russian Federation against foreign nationals and stateless persons may be held in the territory of the Russian Federation. "; (3) paragraph 3 of part two of article 30, as follows: " 3) a panel of three judges of the federal court of general jurisdiction-criminal cases of crimes covered by Articles 205, 205-1, 205-2, 205-3, 205-4, 205-5, 206, 211 Part Four, 212 parts First, 275, 276, 278, 279, 281 parts of the Second and Third Criminal Code of the Russian Federation, and other criminal cases under the jurisdiction of the Moscow District Military Court, the North Caucasus District Military Court and the Privolzhsky District Military Court in accordance with paragraphs 2 to 4 of article 31 of the present Code, and in the presence of an application by the accused prior to the appointment of a hearing in accordance with article 231 of this Code, criminal cases involving offences, as provided for in article 105, part two, 126 part three, 131 parts of the third, Parts of the third to fifth, 134 parts of the fourth to sixth, 208 parts of the first, 209, 210 parts of the first, third and fourth, 211 parts of the first, 227, 228-1 part of the fifth, 229-1 part of the fourth, 277, 281 part one, 295, 317, 353-358, 359 in the first and second parts of the Criminal Code of the Russian Federation; "; 4) in article 31: (a) in Part One after the words" 202 Part One, "to supplement the numbers" 205-6, "with the words" 282-3 part one, " delete; b) in Parts of the sheet-1: the first paragraph should read: " 6-1. The Moscow District Military Court, the North Caucasus District Military Court and the Privolzhsky District Military Court: "; paragraph 2, after the words" 211 of the fourth ", supplement the figures", 361 "; 5) in the second part of the article 35 words "to the Moscow District Military Court and North Caucasus District Military Court" to be replaced by the words "The Moscow District Military Court, North Caucasus District Military Court and the Volga District Military Court"; 6) in part In the second line, replace the words "281 and 360" with the words "281, 360 and 361". "not later than 30 days" by "no later than 45 days"; 7) in article 151: (a) in part two: in paragraph 1 of paragraph 1, the figure "356-360" should be replaced by "356-361"; in paragraph 2 of the word "355 and 359" Replace the words "355, 359 and 361"; (b) Part 6 after the words "Article 150," with the words "205-6,"; 8) in Part 5 of Article 165 to read "within 24 hours" by "no later than 3 days"; 9) Article 185 to supplement Part 7, reading: " 7. Where there are reasonable grounds to believe that information relevant to a criminal case may be contained in electronic communications or other communications transmitted by communications networks, the examining magistrate may be examined by a court decision. and seizure. ". Article 3 Article 4, paragraph 7, of Federal Law No. 153-FZ of 27 July 2006 " On introducing changes to OF THE PRESIDENT OF THE RUSSIAN FEDERATION The Federal Law "On ratification of the Council of Europe Convention on the Prevention of Terrorism" and the Federal Law "On Counteracting Terrorism" (Assembly of Laws of the Russian Federation, 2006, No. 31, Art. 3452) be declared invalid. Article 4 This federal law comes into force on July 20, 2016. President of the Russian Federation Vladimir Putin Moscow, Kremlin July 6, 2016 No. 375-FZ