National Implementation of IHL
Federal Law No. 35-FZ on counteraction against terrorism, 2006
Federal Law no. 35-FZ of March 6, 2006 on counteraction against terrorism

Originally published in : Rossiyskaya gazeta, No. 48, 10.03.2006 ; Rossiyskaya gazeta - Federal issue, No. 4014 (0), 10.03.2006 | Russian: (last accessed on 28.12.2016) | English: (last accessed on 28.12.2016)

On 10 March 2006, the Federal Law No. 35-FZ on counteraction against terrorism was promulgated.

The legal basis for counter-terrorism activities is the Constitution of the Russian Federation, generally recognized principles and rules of international law, international treaties binding upon the Russian Federation (Article 1). The President defines the main directions of state policy on counteraction to terrorism (Article 5).

The Law defines the concept of terrorism as “ideology of violence and the practice of influencing the adoption of a decision by state power bodies, local self-government bodies or international organizations connected with intimidation of the population and (or) other forms of unlawful violent actions” (Article 3). The same article lists the activities that shall be deemed as terrorist and counterterrorism.
To fight against terrorism and in compliance with international treaties, the Russian Federation shall cooperate with with foreign states, their law enforcement bodies and special services, as well as with international organizations. The Law also provides for universal jurisdiction for alleged cases of terrorism (Article 4).

The Law, in terms defined by Article 6, authorizes the use of Russian Federation Armed Forces in the struggle against terrorism. The RF Armed Forces may be engaged in anti-terrorist operations in

(i) preventing flights of aircraft used for committing an act of terrorism or seized by terrorists (in terms provided by Article 7); (ii) preventing acts of terrorism in the inland waters and in the territorial sea of the Russian Federation, at the seaside facilities used for industrial activities which are located on the continental shelf of the Russian Federation, as well as for ensuring safe national maritime traffic (in terms provided by Article 8); (iii) participating in a counterterrorism operation in the procedure provided for by this Federal Law ((in terms provided by Article 9); (iv) suppressing international terrorist activities outside the Russian Federation (in terms provided by Article 10).

Articles 19-23 define the terms of compensation of damages of victims of terrorism, social/legal protection of victims of counter-terrorism operations, as well for those who have participated in these operations.

Article 24 sets out the terms of liabilities of organizations participating in terrorism and refers to the Criminal Code of the RF to define the elements of each crime.

The Law on Counteraction of Terrorism of 2006 invalidates the Federal Law No. 130-FZ of July 25, 1998 on the Struggle against Terrorism (Sobranie Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 31, Article 4634).

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