Some Issues of Qualification of the Hijacking of an Aircraft, a Sea-Going Ship, or a Railway Train (Article 211 of the Criminal Code of the Russian Federation)

• Main Author: D. Yu. Kraev
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-09-01
• Series: Сибирское юридическое обозрение
• Subjects: qualification; hijacking; air transport vessel; small vessels of water transport; railway train; violence dangerous to life or health; or the threat of such violence; death of a person or other grave consequences; terrorist act; terrorist activity; conjugation; violation of traffic safety rules and operation of railway; air; sea and inland water transport and the subway
• Online Access: https://www.siberianlawreview.ru/jour/article/view/471
• ISSN: 2658-7602; 2658-7610

The article is devoted to the problems of qualification of hijacking of an aircraft, a sea-going ship, or a railway train, provided for by Art. 211 of the Criminal Code of the Russian Federation. Despite the fact that Art. 211 has been present in the Criminal Code of the Russian Federation since its adoption, it should be noted that there is a lack of theoretical research on its analysis, as well as the existence in court practice of the difficulties of applying this norm (in addition, Federal Law No. 130 of May 5, 2014 -FZ in Art. 211 of the Criminal Code of the Russian Federation a new Part 4 was introduced, providing for liability for the combination of hijacking of a ship of air or water transport or railway rolling stock with a terrorist act or other terrorist second activity that, in the absence of specific explanations of the Plenum of the Supreme Court, has created additional challenges for law-qualification). This determines the relevance of the chosen topic. Analyzing the current legislation, the provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation dated December 9, 2008 No. 25 “On judicial practice in cases of crimes related to violation of the rules of the road and the operation of vehicles, as well as their unlawful seizure without the purpose of theft”, scientific positions and court decisions on these issues, the author comes to the following conclusions that seem interesting for theory and practice. Small boats of water transport relate to the subject of hijacking of a ship of air or water transport or railway rolling stock, and the commission of a crime under Part 4 of Art. 211 of the Criminal Code of the Russian Federation, and the associated terrorist act, requires qualification in the aggregate of Part 4 of Art. 211 and Art. 205 of the Criminal Code. Military aircraft and boats, submarines, etc.) are also the subject of a crime under Art. 211 of the Criminal Code. The of hijacking of an aircraft, a sea-going ship, or a railway train, as well as the seizure of such a ship or train for the purpose of hijacking, associated with the murder, assault on the life of a law enforcement officer, person conducting justice or preliminary investigation, a state or public figure are qualified in the aggregate of Art. 211 and Art. 105, Art. 277, Art. 295, Art. 317 of the Criminal Code of the Russian Federation. When of hijacking of an aircraft, a sea-going ship, or a railway train, as well as hijacking such a ship or train for the purpose of hijacking, committed with the use of violence dangerous to the life or health of the victim, or with the threat of such violence, in addition to item “c” of Part 2 of Art. 211 of the Criminal Code of the Russian Federation of additional qualification in parts 1, 2 of Art. 111, Art. 112, Art. 115, Art. 117, Art. 119 of the Criminal Code is not required. The of hijacking of an aircraft, a sea-going ship, or a railway train is often fraught with violation of the traffic safety rules and operation of the relevant transport provided for in Art. 263 of the Criminal Code of the Russian Federation: the deed is covered by Art. 211 of the Criminal Code, if the violation specified in Art. 263 of the Criminal Code of the Russian Federation expressed itself in theft; if not, qualification is possible in the aggregate of art. 211,263 of the Criminal Code.