Criminal-legal counteraction to special organized forms of extremist activity: legislative and interpretive aspects

Abstract

Subject of research: special organized forms of extremist activity, enshrined in Art. 282.1 and Art. 282.2 of the Criminal Code of the Russian Federation (hereinafter the Criminal Code of the Russian Federation). The purpose of the study: the formulation of legal, technical and interpretative proposals aimed at modernizing the course of criminal policy in the field of countering special organized forms of extremist activity, enshrined in Art. 282.1 and Art. 282.2 of the Criminal Code of the Russian Federation. List of methods and objects of research. In order to obtain reliable and reasonable research results, general scientific and particular scientific methods of cognition used in the humanities (legal) sciences were used. Research Art. 35, 205.5, 210, 282.1, 282.2 of the Criminal Code of the Russian Federation, was carried out using the content analysis method. Logical and system-structural in the correlation of signs of an extremist community, a terrorist community and a criminal community. On the basis of the deduction method, particular, conceptually legally significant features of an extremist community are identified. The method of induction made it possible to determine the level of danger of special organized forms of extremist activity. The dialectical method was used when considering doctrinal criminal law positions that determine the direction of countering special organized forms of extremist activity. Conclusions based on the results of the study: 1) the need for legal differentiation of responsibility for committing crimes in the composition of special organized crimes, depending on the form of complicity, is substantiated; 2) it is proposed to include in the Criminal Code of the Russian Federation an article providing for liability for organizing an extremist group; 3) the need to supplement Art. 35 of the Criminal Code of the Russian Federation, part 41, with the consolidation in it of a new form of complicity "Extremist community"; 4) the author's version of Part 1 of Art. 282.2 of the Criminal Code of the Russian Federation; 5) the strengthening of the level of criminal-legal repression for members of international extremist organizations is justified.