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Конструкция составов вовлечения в террористическую деятельность в условиях цифровых форм воздействия
In the article, the author clarifies the concept of the mechanism of criminal law prevention of radicalization and involvement in terrorist activity, wherein prevention is viewed as a result of the functioning of the normative structure, and legal assessment is shifted to the stage of influence: ideological, organizational, or informational-communicational. In this regard, based on an analysis of criminal law mechanisms for preventing radicalization and involvement, the author concludes that it is necessary to turn to the processes that precede the commission of terrorist and extremist crimes, since it is at these stages that the logic of extending criminal liability to early forms of the formation of criminal readiness is revealed. An analysis of the current normative structures of offenses providing for liability for inducement, recruitment, and other involvement in terrorist activity (Articles 205.1–205.5 of the Criminal Code of the Russian Federation) shows that criminal law shifts the focus to those forms of behavior that precede the direct commission of terrorist crimes and are associated with the formation of a sustained readiness to participate in them, establishing liability for the very fact of directed influence – regardless of whether it led to the actual inclusion of the person in the activities of a prohibited structure. Such a construction enhances the preventive nature of regulation, but reveals the dependence of legal assessment on the precision of terminological tools. The transformation of ideological and organizational methods of influence occurring in the digital environment reveals structural limitations of the current dispositions, as the uncertainty of boundaries between inducement, recruitment, and other involvement, duplication of formulas, and the use of open categories complicate qualification and blur the limits of the objective side. Clarification of terminology and the fixation of informational-communicational methods of influence as an independent legally significant element make it possible to harmonize the normative structure with the actual logic of contemporary recruitment practices; in particular, the provisions of Articles 205.1 and 205.2 of the Criminal Code of the Russian Federation, regulating respectively aiding terrorist activity and public calls for the commission of terrorist activity, require further improvement. The author concludes that the current wording does not fully cover the specifics of recruitment campaigns unfolding in virtual space, and particular concern is raised by the possibility of qualifying actions for disseminating extremist ideology which, while lacking a direct call to violence, nevertheless creates personal vulnerability to recruitment influence. The author proposes considering the introduction into legislation of the concept of "informational-psychological influence" as an independent element of the objective side of terrorist crimes, since, in his opinion, the use of the latest developments in cognitive psychology and mass psychology allows terrorist groups to employ sophisticated methods of manipulating consciousness, including targeted propaganda, disinformation, and creating the effect of "pseudo-unity." The need for clearer legal guidelines is due to difficulties arising in proving intent and the direct connection between informational influence and actual actions; to overcome these problems, it appears advisable to develop a special norm defining the concept of "recruitment" in relation to contemporary realities, with an emphasis on the use of digital communications. The inclusion in the list of methods of involvement of such actions as the creation and dissemination of destructive content, administration of closed groups on social networks, and holding online seminars and webinars with the aim of forming radical views is a necessary step, as this will allow timely suppression of the activities of persons actively contributing to the formation of the human resources of terrorist organizations, even before their actual involvement in specific unlawful actions, as provided, for example, by the Concept of Countering Terrorism in the Russian Federation. Thus, clarification of legislative wording, introduction of new terms, and adaptation of existing norms to the realities of the digital age will become key factors in increasing the effectiveness of criminal law measures to counter terrorism, and an integrative approach combining legal, criminological, and psychological-pedagogical methods will make it possible to create a comprehensive counteraction mechanism minimizing the risks associated with the recruitment and involvement of citizens in terrorist activities.