Criminal and Legal Liability for Public Calls for Performance of an Extremist Activity in the Russian Federation
- Authors: Fakov A.M.1
-
Affiliations:
- North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
- Issue: Vol 14, No 5 (2021)
- Pages: 40-44
- Section: Articles
- URL: https://journals.eco-vector.com/2072-3164/article/view/531324
- ID: 531324
Cite item
Open Access
Access granted
Abstract
Extremist activity in the modern world is developing very dynamically and the number of people who share the corresponding illegal views and ideas is constantly increasing. The social danger of this activity is largely manifested in the support of criminal approaches to the resolution of many state-significant issues, which, when massively spread, creates significant threats to the stable functioning of society. In this context, unlawful behavior associated with public calls for performance of an extremist activity is of particular importance. In the Russian Federation, this behavior is recognized as a criminal offense and responsibility for it is regulated by Art. 280 of the Criminal Code of the Russian Federation. Considering the long-term practice of applying the above mentioned criminal law norm, there is an urgent need for its improvement, taking into account the existing realities of illegal behavior of subjects of extremist activity. The purpose of this study is to analyze the institution of criminal and legal liability for public calls for performance of an extremist activity in the Russian Federation. The author comes to the conclusion that the legislator fairly fixes a very voluminous gravamen of the analyzed crime and defines the implementation of public calls using the media and information and telecommunication networks as a qualifying feature. Attention is focused on the need to supplement Art. 280 of the Criminal Code of the Russian Federation with other specifies gravamen reflecting the participation of a special subject and the organization of public calls, which pose a significant danger to the development of Russian society and the state. Taking into account the specific roles of individuals in the process of public calls will make it possible to consolidate proportionate and fair punishments, depending on the characteristics of their illegal functioning.
Full Text
About the authors
Azamat Mukhajidovich Fakov
North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia
Email: fakov_1984@mail.ru
Cand. Sci.(Econ.), Associate Professor of the Internal Affairs Activities in Special Conditions Department Nalchik, Russia
References
- Gorovaya V.Yu., Gorovoy S.A., Starodubtseva M.A. On the qualification of public appeals to carry out extremist activities // Humanitarian, socio-economic and social sciences. 2019.No. 12.P. 196-199
- Ivantsov S.V., Idelbaeva G.I. Issues of qualification of extremist crimes committed using the Internet // Bulletin of the Moscow University of the Ministry of Internal Affairs of Russia. 2020.No. 8.P. 123-129.
- Korolev Yu.A. The concept and forms of extremist activity // Legal Science. 2020.No. 11.P. 75-79.
- Kuznetsov R.D. On the concept of public calls for extremist activities: qualification problems // Issues of Russian justice. 2020. No. 6. S. 408-414.
- Manukyan A.R. Countering extremism in modern conditions // Gaps in Russian legislation. 2019.No. 1.P. 120-121.
- Mikheev A.V. Proving in criminal cases initiated upon the fact of a person committing public appeals to carry out extremist activities // Gaps in Russian legislation. 2014. No. 2. S. 267-270.
- Omarova I.O. Factors conditioning public calls for extremist activity // Gaps in Russian legislation. 2017. No. 2. S. 25-28.
- Tatarov L.A. On the criminalization of terrorism and extremism in the criminal legislation of the Russian Federation // Gaps in Russian legislation. 2018.No. 3.P. 38-40.
- Tokbaev A.A. Modern trends in the development of extremism in social networks // Gaps in Russian legislation. 2020. No. 4. S. 109-112.
- Chistyakov V.V., Yastrebova E.V. The dual nature of extremism // Gaps in Russian legislation. 2021. No. 1. S. 13-17.
Supplementary files
