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CONVENTIONAL PROHIBITION OF TERRORIST ACTS AGAINST THE SAFETY OF MARITIME NAVIGATION

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PDF: Author(s): Knyazkina A. K.,
Number of journal: 2(47) Date: May 2019
Annotation:

The article investigates the international regulations providing for supranational criminality of acts that infringe on the safety of navigation at sea, examines the provisions of the original international treaties and the norms of the Criminal code of the Russian Federation, corresponding to them, analyzes the problems of the accuracy of correspondence of the implementing norms of the Russian criminal law to the basic contractual provisions. At the same time, international acts are analyzed in the latest, current version, taking into account all the changes and additions made to them. The paper presents the division of the studied group of crimes against the safety of navigation at sea into two blocks: attacks on ships, and crimes committed on Board or against fixed platforms located on the continental shelf, and on this basis the criminal law analysis of the relevant acts is carried out. At the same time, the author has chosen an unconventional approach to the study of crimes under international standards, since these crimes are considered element by element; it is their criminal‑legal characteristics that are analyzed. As a result, the author comes to the conclusion that it is necessary to adjust the criminal code of the Russian Federation and bring it in line with current international standards due to the lack of provisions relating to liability for crimes committed against ships, as well as on Board or against fixed platforms located on the continental shelf. At the same time, the author proposes specific additions to the national criminal law on the inclusion of certain elements of the crime among the qualifying ones, and also points to the need to formulate specific criminal law norms providing for liability for crimes against ships, as well as on Board or against fixed platforms located on the continental shelf.

Keywords:

terrorism, terrorist threat, terrorist crimes, safety of maritime navigation, encroachment on a sea vessel, safety of fixed platforms, encroachment on fixed platforms, continental shelf, international criminal law, conventional crimes.

For citation:

Knyazkina A. K. Сonventional prohibition of terrorist acts against the safety of maritime navigation. Business. Education. Law, 2019, no. 2, pp. 273–277. DOI: 10.25683/VOLBI.2019.47.268.