Moscow Domodedovo Airport Is Keen To Have an Investigation into The Terrorist Bombing Committed in 2011
Moscow Domodedovo Airport presupposes that there has been a misunderstanding in qualification of the criminal case. Indeed, in line with commentary to the Criminal Code of the Russian Federation and determination by the Constitutional Court of the Russian Federation as of 15th November, 2007, article 238 of Russia’s Criminal Code is applicable when the use of a service per se is hazardous for the consumer of such service and the harm is inflicted as a direct consequence of the use of such hazardous service. At the same time, there is a prejudicial judgment by the Court of the Moscow Region as of 11th November, 2013 which rules that death of people was directly caused by malicious criminal actions of terrorists.
Judgments by courts of general jurisdiction and acts issued by arbitration courts in 2011-2013 rule that the security system at Domodedovo Airport was compliant with requirements of the legislation in force at the time of the terrorist attack. All such judgments took legal effect.
The courts documented the fact that as at the date of the terrorist bombing there were no legislative requirements to provision of transport security and it was only on 8th February, 2011 that the corresponding Order No.40 by the Ministry of Transportation was passed.
Facts established by courts have a prejudicial significance in the framework of the criminal proceedings and, in correspondence with article 90 of the Criminal Procedure Code of the Russian Federation, have to be acknowledged by the prosecutor’s office and the investigator without any additional verification.
The wording of article 238 of the Criminal Code of Russia imposes liability for provision of services that are non-compliant with security requirements. It appears that requirements that are not set are also impossible to breach.
The courts established that the airport did not avoid adhering to requirements of the law and that the terrorist attack was organized by terrorists; therefore, there is no cause-and-effect connection between actions of employees of the airport and the tragedy that took place.
The very disposition of article 238 of the Criminal Code of Russia re provision of a hazardous service that was used as the basis for instigation of the criminal case seems inapplicable to the situation in question – as at the date of the terrorist bombing Domodedovo Airport did not provide the service for inspection of visitors at the entrance to the passenger terminal. The responsibility to carry out such inspection was imposed on the airport only in 2014 after the transport security law was amended.
Terrorism is a global problem and its resolution asks for efforts from all the parties. Russia’s Investigative Committee is the competent authority for running the investigation and Moscow Domodedovo Airport sees its objective in providing the investigator with all required assistance.
Source: Domodedovo Airport
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