Resolution of the Plenum of the Supreme Court of the Russian Federation No. 41 on issues of judicial practice in criminal cases of a terrorist and extremist nature

Decree Plenum of the Supreme Court of the Russian Federation N 41

November 3, 2016

Moscow

"On amendments to the regulations Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 N 1 "O some issues of judicial practice on criminal cases about crimes terrorism" and dated June 28, 2011 N 11 "On judicial practice in criminal cases about crimes extremist"

IN due to changes in legislation, as well as available in judicial practice questions of the Plenum of the Supreme Court Russian Federation, guided by Article 126 of the Constitution of the Russian Federation, Articles 2 and 5 of the Federal constitutional law of February 5 2014 N 3-FKZ "On the Supreme Court Russian Federation", decides to introduce changes to the following regulations Plenum of the Supreme Court of the Russian Federation.

1. In a resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9 2012 N 1 "On some issues judicial practice in criminal cases on the crimes of terrorist directions":

1) in the fifth paragraph of the preamble, the figures "205, 205 ¹ , 205 ² , 206, 208, 211, 220, 221, 227, 277, 278, 279, 360" replace numbers and the word "205, 205 ¹ , 205 ² , 205 ³ , 205 ⁴ , 205 ⁵ , 206, 208, 211, 220, 221, 277, 278, 279, 360 и 361";

2) in the sixth paragraph of the preamble, the words and figures "about the organization of illegal armed formation or participation in it (Article 208 of the Criminal Code of the Russian Federation)" replace words and numbers "passing training to implement terrorist activities (art. 205 ³ of the Criminal Code of the Russian Federation), about organizing a terrorist community and participation in it (article 205 ⁴ of the Criminal Code of the Russian Federation), organization of terrorist activities organization and participation in activities such an organization (Article 205 ⁵ UK Russian Federation), organizations of illegal armed formation or participation in it (art. 208 of the Criminal Code of the Russian Federation)";

3) Paragraph 1 shall be amended as follows:

"1. Draw the attention of the courts to the fact that the objectives destabilization of the activities of organs authorities or international organizations or influencing their decision-making are a must-have terrorist act (Article 205 of the Criminal Code RF).

At deciding the direction of intent guilty person to destabilize government activities or international organizations should come from the totality of all the circumstances of the offense and take into account in particular, time, place, manner, environment, tools and means of committing crimes, nature and size occurring or expected consequences, as well as previous crime and subsequent behavior guilty.

ABOUT purpose of influencing the adoption decisions by authorities or international organizations can testify prompting relevant subjects to take certain actions or to refrain from doing them, the content of the requirements of the participants crimes.";

4) in paragraph 10, the numbers and the word "222 or 223" replace with numbers and the word "221, 222, 222 ¹ , 223, 223 ¹ or 226";

5) in paragraph 11 the words "the purpose of influencing for decision-making by the authorities or international organizations replace with the words "goals of destabilization government activities or international organizations or influencing their decision-making";

6) in the first paragraph of clause 12, the words "impact decision-making by the authorities or international organizations replace with the words "destabilization government activities or international organizations or influencing their decision-making";

7) in paragraph 13 after the words "Actions participants" to add the words "terrorist community, terrorist organization, the words "gang, criminal community (criminal organization)," exclude, numbers and the word "208, 209 or 210" replace numbers "205 ⁴ , 205 ⁵ , 208";

8) in paragraph 14:

A) the word "persons" shall be replaced by the words "certain person (group of persons)", after the words "by persuasion," add the words "bribery, threats,";

b) add the second paragraph of the following content:

"Declination, recruitment or other involvement of a person in committing at least one of the crimes, listed in part 1 of article 205 ¹ UK RF, should be considered completed crime from the moment it was committed these actions, regardless of whether whether the person involved has committed corresponding crime terroristic.";

9) in the second paragraph of paragraph 15 after the words "explosive devices," add the words "radioactive substances, nuclear materials, military equipment,";

10) in paragraph 16 after the words "means of communication" add the words "medicinal drugs, residential or non-residential premises, vehicles", numbers and words "Articles 205, 205 ¹ , 205 ² , 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation" replace with numbers and the words "Articles 205, 205 ¹ , 205 ² , 205 ³ , 205 ⁴ , 205 ⁵ , 206, 208, 211, 220, 221, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or for financing or other material securing a person for the purpose of committing them at least one of these crimes";

eleven) add paragraphs 17 ¹ And 17 ² next content:

"17 ¹ . Courts should keep in mind that responsibility for aiding part 3 of article 205 ¹ UK The Russian Federation comes under the condition that it had place in the commission of at least one of crimes under article 205, part 3 of article 206, part 1 of article 208 of the Criminal Code of the Russian Federation. Said aiding covered by part 3 of Article 205 ¹ UK RF and does not require additional qualifications under article 205, part 3 of article 206 or part 1 of article 208 of the Criminal Code of the Russian Federation.

Criminal responsibility for aiding committing a terrorist act, hostage-taking or organization illegal armed group carried out by a member of an organized group that committed such crimes, comes under the relevant article The special part of the Criminal Code of the Russian Federation does not require qualifications under Article 205 § 3 ¹ UK RF.

17 ² . Draw the attention of the courts to the fact that part 4 of article 205 ¹ UK RF is responsible for actions in the form of organizing the commission or directing the commission of at least one of the crimes articles 205, 205 ³ , parts 3 and 4 of article 206, part 4 of article 211 of the Criminal Code of the Russian Federation, as well as the organization of financing terrorism. At the same time, additional qualifications under articles 205, 205 ³ , parts 3 and 4 of article 206, parts 4 of article 211 of the Criminal Code of the Russian Federation, as well as parts 1 and 2 of the article 205 ¹ of the Criminal Code of the Russian Federation part of the financing of terrorism is not required.

Organization committing or directing the committing other crime of terrorist directions, including the organization implementation of other types of assistance terrorist activities, qualify for the respective article of the Special Part of the Criminal Code of the Russian Federation with reference to Part 3 of Article 33 of the Criminal Code of the Russian Federation, with the exception of cases where such action is taken member of an organized group.";

12) in paragraph 18:

A) in the first paragraph, the words "oral, written, using technical means, information and telecommunication networks" shall be replaced by the words "for example, oral, written, using technical means", after the words "encourage them to implement terrorist activities" add words and numbers ", then is to commit crimes, provided for in Articles 205-206, 208, 211, 220, 221, 277, 278, 279, 360, 361 of the Criminal Code of the Russian Federation";

b) in the second paragraph after the word "note" add the number "1";

13) in paragraph 19, the words "appeals to the group people in public places, at meetings, rallies, demonstrations, distribution flyers, posters, posting applications in information and telecommunications public networks, including Internet, e.g. websites, forums or in blogs, distribution of appeals by mass mailing of electronic messages, etc." replace with the words "for example, addressing a group of people in public places, at meetings, rallies, demonstrations, distribution flyers, posters, dissemination of appeals through mass mailing of messages to subscribers mobile communications, etc.";

14) in paragraph 21:

A) in the first paragraph after the words "means mass media" add words ", electronic or information and telecommunications networks, including the Internet, the words "(with subsequent changes)" delete, after the words "About the means mass media" add words "and the Federal Law of July 27, 2006 N 149-FZ "On information, information technology and protection information";

b) in the second paragraph after the words "part of 2 articles 205 ² UK RF," add the words "related using the media information,";

15) add paragraph 21 ¹ next content:

"21 ¹ . When making public calls to terrorist activity or public justification terrorism through mass mailing messages to mobile subscribers or using electronic or information and telecommunications networks, including the Internet, the crime should be considered completed from the moment of placing applications in specified public networks (for example, on websites, forums or blogs), sending messages to others persons.";

16) in paragraph 22:

A) in the first sentence, the words "networks Internet" shall be replaced by the words "networks "Internet", after the words "part 2 article 205 ² UK RF" to be supplemented with the words "as committed with funds mass media";

b) in the second sentence, the words "networks Internet" shall be replaced by the words "networks "Internet", words and numbers "parts 1 article 205 ² UK RF" to be replaced by the words and numbers "parts 2 articles 205 ² UK RF as an act committed with the use of electronic or information and telecommunication networks, including the Internet;

17) add paragraphs 22 ¹ - 22 ⁷ next content:

"22 ¹ . Crime under article 205 ³ Criminal Code of the Russian Federation, expressed in the passage of a person training to carry out terrorist activities or the commission of one of the crimes under articles 205 ¹ , 206, 208, 211, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation. Education may include purchasing necessary knowledge, practical skills and skills during physical education classes and psychological preparation studying the ways of committing these crimes, rules for dealing with weapons, explosive devices, explosive, poisonous, and other substances and objects posing a danger to others. Training may include and in other actions of the perpetrator, directly related to his preparation for implementation terrorist activities.

Crime completed since execution started actions aimed at acquiring relevant knowledge, skills and abilities for further implementation terrorist activities or committing at least one of the terrorist crimes direction, regardless of moreover, the person has acquired the necessary knowledge, skills and abilities or not.

If along with training performs other actions to create conditions for the implementation specific grave or especially grave crimes of terrorist or in a different direction, then the indicated actions are additionally qualified as preparation for this crime.

22 ² . In accordance with part 1 of Article 205 ⁴ UK RF terrorist community is a stable group individuals who have come together for the purpose terrorist activities or to prepare or committing one or more crimes under articles 205 ¹ , 205 ² , 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other crimes for propaganda purposes, justification and support for terrorism.

For organized group recognition the terrorist community prior trial required decision to liquidate an organization connection with the implementation of terrorist activities.

22 ³ . The offense under part 1 article 205 ⁴ UK RF, completed from the moment of actual formation of a terrorist community, that is, since the merger two or more individuals in a stable group in order to carry out terrorist activities or to prepare or committing one or more crimes under articles 205 ¹ , 205 ² , 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other crimes for propaganda purposes, justification and support for terrorism.

On the presence of such a goal may indicate, in in particular, the commission by them of intentional actions aimed at creating conditions for the implementation of terrorist activities or specified crimes or indicating readiness terrorist community to implement their criminal intentions, regardless on whether community members have committed planned crime. ABOUT preparedness of the terrorist community to carry out terrorist activities or performance of the specified crimes may indicate For example, reaching an agreement between its participants to promote terrorist activities, public justification of terrorism, etc.

22 ⁴ . Led by terrorist community, its part or members into such a community by structural departments should understand management functions in relation to such a community, parts or structural divisions, as well as its individual members as when committing specific crimes terrorism, so and in ensuring activities communities.

Such leadership can be in particular, in the development of general plans terrorist activities communities, in preparation for committing specific crimes of terrorist direction, in committing other actions aimed at achieving goals set for terrorist community or members of its structure departments at their creation (for example, in the distribution of roles between members of the community, in the organization logistics, in developing ways to make crimes, in taking security measures against members of a terrorist communities).

22 ⁵ . Participating in a terrorist community needs to understand entry persons in such a community with intention to participate in the implementation terrorist activities or preparation or commission of one or several crimes under articles 205 ¹ , 205 ² , 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other propaganda crimes, justifying and supporting terrorism, participation in the preparation for specified crimes or in the commission such crimes, as well as face of functional duties for ensuring the operation of such communities (providing information, record keeping, etc.).

Crime in the form of participation of a person in a terrorist community is considered completed with from the moment of joining such communities with the intent to participate in carrying out terrorist activities or in preparation or committing one or more crimes under articles 205 ¹ , 205 ² , 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 of the Criminal Code of the Russian Federation, or other crimes for propaganda purposes, justification and support for terrorism.

At committing a terrorist specific crime communities his actions should be qualified on the totality of crimes.

22 ⁶ . Article 205 ⁵ UK RF is responsible for organization of terrorist activities organizations (part 1) and participation in activities of such an organization (part 2).

invert the attention of the courts that, on the basis of Article 24 of the Federal Law "On countering terrorism" federal agency executive power in the region security is a unified federal list of organizations, recognized in accordance with legislation of the Russian Federation terrorist organizations, the list of which is subject to official publication.

Face may be prosecuted responsibility for crimes provided for in Article 205 ⁵ UK RF, if they are committed after the official publication of information on recognition relevant organization terrorist and prohibition of its activities on the territory of the Russian Federation court decision.

22 ⁷ . Criminal liability under part 1 article 205 ⁵ UK The Russian Federation comes forward for the organization of activities terrorist organization, which in organizational activities intended to continue or resumption of illegal activities banned organization (for example, calling meetings, organizing processions, use of bank accounts it is not related to the liquidation procedure).

Under participation in terrorist activities organization is understood as committing by the person of intentional acts relating to continue or resume activities of this organization (holding conversations to promote activities of a banned organization, direct participation in organizational events, etc.).

At commission by the organizer (manager) or a member of a terrorist organizing a specific crime his actions are subject to qualification according to set of crimes under part 1 or part 2 of article 205 ⁵ UK RF and the corresponding article of the Special parts of the Criminal Code of the Russian Federation.

If person who organized the activity organization which, according to with the legislation of the Russian Federation, declared terrorist, took part in the activities of organization, what he did does not require additional qualifications for 2 articles 205 ⁵ UK RF.";

18) in paragraph 23:

A) in the second paragraph after the words "or violations" add the word "territorial";

b) in the third paragraph, the numbers and the word "222 or 223" replace with numbers and a word "221, 222, 222 ¹ , 223, 223 ¹ or 226";

19) Paragraph 29 shall be amended as follows:

"29. If individual members of illegal armed forces united into a stable armed group (gang) for the purpose of attacking civilians or organizations or terrorist community, lead such a group (gang) or terrorist community, and participate in their attacks or crimes terrorist orientation, the deed is subject to qualification according to set of crimes under articles 208 and 209 or 205 ⁴ UK RF.";

20) add paragraphs 30 ¹ And thirty ² next content:

"30 ¹ . For those found guilty in the commission of crimes under articles 205, 205 ¹ , 205 ² , 205 ³ , 205 ⁴ , 205 ⁵ , 206, 208, 277, 278, 279 and 361 of the Criminal Code of the Russian Federation, to the court in accordance with points "a", "b", "c" part 1 of article 104 ¹ UK The Russian Federation needs to resolve the issue of confiscation money, valuables and other property, received as a result of committing specified crimes, and any proceeds from this property; money, valuables and other property into which this property and the proceeds thereof were partly or completely converted or converted; money, valuables and other property, used or intended for financing of terrorism, extremist activities of an organized group, illegal armed group criminal community (criminal organizations).

proceeding from the provisions of paragraph "d" of part 1 article 104 ¹ UK of the Russian Federation and part 3 of article 81 of the Code of Criminal Procedure of the Russian Federation, the court may decision to confiscate tools, equipment or other means committing a crime belonging to the defendant.

thirty ² . Consideration of a criminal case by a judge against a member of a terrorist organization in the absence of circumstances provided for by Articles 61 and 63 of the Code of Criminal Procedure of the Russian Federation, does not preclude consideration of the same judge in a criminal case against other participants in the same terrorist organizations."

2. In a resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28 2011 N 11 "On judicial practice in criminal cases on crimes extremist"

1) in paragraph 2, the numbers "280, 282, 282 ¹ , 282 ² " replace figures "280, 280 ¹ , 282, 282 ¹ , 282 ² , 282 ³ ";

2) in the second paragraph of paragraph 3 words and numbers "under paragraph "b" of part 2 of the article 116" shall be replaced by the words and figures "according to article 116";

3) in paragraph 4:

A) in the first paragraph, the words "oral, written, using technical means, information and telecommunication public networks, including the network Internet" shall be replaced by the words "for example, oral, written, using technical means";

b) in the third paragraph, the words "accommodation appeals in information and telecommunications public networks, including Internet, e.g. websites, blogs or on the forums, distribution of appeals by means of electronic mailing messages, etc." replace with the words "dissemination of appeals through mass mailing of messages to subscribers mobile communications, etc.";

4) second paragraph of paragraph 5 to be supplemented the following sentence: "Public calls for the implementation actions aimed at violating territorial integrity of the Russian Federations, are subject to qualification in depending on the circumstances of the case part 1 or part 2 of Article 280 ¹ UK RF.";

5) Paragraph 6 shall be amended as follows:

"6. When deciding whether to use the media or information and telecommunications networks, including the Internet (Part 2 of Article 280, Part 2 of Article 280 ¹ And article 282 of the Criminal Code of the Russian Federation), courts should take into account provisions of the Law of the Russian Federation dated December 27, 1991 N 2124-I "On funds mass media" and the Federal Law of July 27, 2006 N 149-FZ "On information, information technology and information security.";

6) add points 6 ¹ And 6 ² next content:

"6 ¹ . When making public calls to carrying out extremist activities by mass mailing mobile subscribers or using electronic or information and telecommunications networks, including the Internet, the crime should be considered completed from the moment of placing applications in specified public networks (for example, on websites, forums or blogs), sending messages to others persons.

6 ² . Public calls for implementation actions aimed at violating territorial integrity of the Russian Federations (Article 280 ¹ UK RF), should be distinguished from incitement to crimes against territorial integrity of the state (for example, from inciting a certain person to an armed rebellion for the purpose of violating territorial integrity of the Russian Federation). Public appeals provided article 280 ¹ UK RF should not be aimed at declination certain persons to commit specific criminal offenses.";

7) in paragraph 7:

A) in the first paragraph after the words "means mass media" add words "or information and telecommunication networks, including the Internet, the words "in information and telecommunications public networks, including Internet," replace the words "with websites, forums or blogs, mass sending emails";

b) in the second paragraph in the first sentence the words "and other groups of persons" shall be deleted;

8) in paragraph 8:

A) in paragraphs one and three, the words "a also" shall be replaced by the words "as well as";

b) add the second paragraph of the following content:

"At addressing the issue of direction actions of the person who posted any information or expressing attitude towards her on the Internet or other information and telecommunications networks, to incite hatred or enmity, as well as humiliation of dignity person or group of persons should come from the totality of all the circumstances of the offense and take into account in particular, context, form and content posted information, availability and the content of comments or otherwise expressions of attitude towards her.";

V) paragraphs two, three and four count as paragraphs three, four and fifth;

9) in paragraph 9:

A) words and numbers "paragraph "b" part 2 of Article 116" shall be replaced by the word and numbers "article 116";

b) add paragraphs two, three and fourth as follows:

"Actions, intended to incite hatred or enmity, as well as humiliation human dignity, associated with beatings, other violence associated with causing the victim physical pain or with restriction of his freedom (e.g. tying hands, applying handcuffs, leaving in a closed premises, etc.), as well as with deliberate causing mild or moderate harm to health are covered by paragraph "a" of part 2 of article 282 of the Criminal Code of the Russian Federation.

Deliberate grievous bodily harm victim during the commission crime under article 282 of the Criminal Code of the Russian Federation, should be qualified according to aggregation of crimes - under paragraph "a" of part 2 of article 282 of the Criminal Code of the Russian Federation and clause "e" of part 2 of article 111 of the Criminal Code of the Russian Federation - with no other qualifying the features provided for in these articles.

Excitation hatred or enmity, as well as humiliation human dignity, associated with murder, should qualify in terms of crimes, provided for in point "a" of part 2 articles 282 of the Criminal Code of the Russian Federation and paragraph "l" of the part 2 articles 105 of the Criminal Code of the Russian Federation, in the absence of others qualifying signs.";

10) in the second paragraph of paragraph 10, words and numbers "and part 3 of article 282 ¹ " replace with words and numbers ", part 3 articles 282 ¹ , part 3 of article 282 ² And part 2 of article 282 ³ ";

eleven) in the first paragraph of paragraph 14 the first proposal in the next editions:

"Criminal responsibility for creating extremist communities (part 1 of Article 282 ¹ UK RF) comes from the moment of actual formation of said community, then exists since the merger of two or more individuals into a stable group in order to preparing or committing crimes extremist orientation. On the presence of such a goal may indicate, in in particular, the exercise by them of deliberate actions aimed at creating conditions for committing crimes extremist or indicating readiness extremist community to implement their criminal intentions, regardless on whether the participants have committed such community planned crime extremist orientation.";

12) add paragraph 15 ¹ next content:

"15 ¹ . When considering criminal cases on crimes under part 11 articles 282 ¹ or part 11 of article 282 ² Criminal Code of the Russian Federation, under inducement, recruitment or otherwise involvement of a person in activities extremist community or extremist organization should understand, in particular, intentional activities to involve certain person (group of persons) in such activities, for example, by persuasion, bribery, threats, persuasion, requests, proposals (including by posting materials on various media and distribution through information and telecommunication networks), the use of physical impact or through face-hunting and engagement them into extremist activities community or extremist organizations.

declination, recruitment or other involvement of a person in activity of an extremist community or an extremist organization should consider it a crime the moment the said actions were taken, whether or not the person involved has accepted person involved in the activities of the relevant extremist association.";

13) Paragraph 16 shall be amended as follows:

"16. Under participation in an extremist community (Part 2 of Article 282 ¹ UK RF) should be understood as being part of such a community with the intent participate in the preparation or execution one or more crimes extremist orientation, participation in preparation for the commission of these extremist crimes and (or) direct commission such crimes, as well as face of functional duties for ensuring the operation of such communities (providing information, record keeping, etc.).

Crime in the form of participation of a person in an extremist community is considered completed with from the moment of joining such communities with the intent to participate in the preparation or performance of one or several extremist crimes directions.";

14) Paragraph 19 shall be amended as follows:

"19. When dealing with crime cases, provided for in Article 282 ² UK RF, to public or religious associations or other organizations in respect of which the court final decision on liquidation or ban on activities in connection with the implementation of extremist activities should be attributed organizations listed in the list under article 9 Federal Law "On counteraction extremist activity, which subject to official publication.

Face may be prosecuted responsibility for crimes provided for in Article 282 ² UK RF, if they are committed after the official publication of information on recognition relevant extremist organization and prohibition of its activities on the territory Russian Federation by a court decision.";

15) in the second paragraph of paragraph 20 the words "aimed at achieving the goals extremist organization" replace the words "related to the continuation or the resumption of the activity of this organizations", the words "recruitment new members," exclude;

16) Paragraph 22 shall be amended as follows:

"22. Draw the attention of the courts to the fact that note 1 to article 282 ¹ And note to article 282 ² UK The Russian Federation provides for the conditions for release from criminal liability apply to organizers and other participants in extremist community or extremist organizations that have made the relevant offense and voluntarily withdrawing from activities of such associations, if their actions contain no other elements of the crime.

Under voluntary termination of participation in activities of the extremist community or extremist organization note 1 to article 282 ¹ And note to article 282 ² UK RF is understood as termination by a person criminal activity upon awareness them the possibility of continuing it. It can be expressed, for example, in the output from the extremist community or an extremist organization, failure to comply with their orders leaders, refusing to commit other actions supporting the existence of a community or organization, Refusal to commit crimes.";

17) add paragraphs 22 ¹ And 22 ² next content:

"22 ¹ . Explain to the courts that in Article 282 ³ UK RF is responsible for actions to provide or fundraising or providing financial services to finance organization, preparation and implementation at least one of the crimes extremist or to ensure activities extremist community or extremist organization.

Funding extremist activity should recognize along with the provision of financial services providing or collecting not only cash (cash or non-cash form), but also tangible funds (for example, uniforms, equipment, means of communication) with awareness what they are meant for organization funding, training or doing at least one of extremist crimes direction, or to finance or other material support person for the purpose of committing at least one of these crimes, or for ensuring the activities of an extremist community or extremist organization (for example, systematic deductions or a one-time contribution to the general cash desk, purchase of real estate or payment the cost of its rental, providing funds earmarked for bribery of officials).

Crime terminated from the date of any of the above actions related to extremist crime financing direction, ensuring activities extremist community or extremist organization.

22 ² . In cases where, along with funding extremist crimes the perpetrator provides other assistance their commission (help with advice, instructions, providing information, removal of obstacles, etc.), its actions form a set crimes under article 282 ³ And relevant article of the Special part of the Criminal Code of the Russian Federation with reference to part 5 of the article 33 of the Criminal Code of the Russian Federation.";

18) in the first paragraph of paragraph 25, the numbers and the word "282 ¹ And 282 ² " replace numbers and the word "282 ¹ , 282 ³ and 282 ³ ", after the words "for financing" add the words "terrorism, extremist activities," after the words "organized group" add the words ", illegal armed group, criminal community (criminal organization)";

19) add paragraph 25 ¹ next content:

"25 ¹ . Consideration of a criminal case by a judge against a member of an extremist organization in the absence of circumstances provided for by Articles 61 and 63 of the Code of Criminal Procedure of the Russian Federation, does not preclude consideration of the same judge in a criminal case against other members of the same extremist organizations."

Chairman Supreme Court of the Russian Federation V. Lebedev

Secretary Plenum, Judge of the Supreme Court of the Russian Federation V. Momotov

Sources

• Decree of the Plenum of the Supreme Court of the Russian Federation of November 3, 2016 N 41 Moscow "On Amendments to the Resolutions of the Plenum of the Supreme Court of the Russian Federation of February 9, 2012 N 1 "On Certain Issues of Judicial Practice in Criminal Cases of Terrorist Offenses" and dated June 28, 2011 N 11 "On judicial practice in criminal cases on crimes of extremist orientation" // Website of the Supreme Court of the Russian Federation. November 16, 2016