Criminal and Legal Bases of Organizing an Extremist Community: the Concept and Features of Qualification

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Extremism and extremist activity are widespread in the modern world, and therefore, the study of the theoretical, legal and practical aspects of criminal liability of an extremist orientation retains significant relevance. It is important to note that the current Russian criminal legislation regulates in great detail certain elements of criminal acts of the above-mentioned nature, and investigative and judicial practice demonstrates a large number of cases considered under the relevant articles of the Criminal Code of the Russian Federation. Among the crimes of an extremist orientation, it seems necessary to single out the organization of an extremist community as the most significant act, the consequence of which is the extremist activity of the corresponding organized group of persons. The purpose of writing a research paper is to analyze the criminal and legal bases of organizing an extremist community. The author comes to the conclusion that the current legislation and the practice of the top judicial bodies define the content of the category "extremist community" in great detail, including focusing on certain aspects of its organization, but in the context of the dynamic improvement of criminal practice in the modern world, it is required to study the stated issues, taking into account the existing legal and political realities. In the legal literature, there are many studies devoted to certain aspects of the organization of extremist communities, including some proposals for improving legislation and law enforcement practice in this area. Based on the analysis, a proposal was formulated to improve Art. 282.1 of the Criminal Code of the Russian Federation, within the framework of which, as an independent element of a criminal act, it is necessary to single out the creation of an extremist community with the definition of proportionate responsibility for the specified crime, taking into account the importance of the organizational aspect for the commission of further illegal actions by the relevant community.

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作者简介

Islam Animokov

North Caucasus Institute for Advanced Studies (branch) of the Krasnodar University of the Ministry of Internal Affairs of Russia

Email: islam_animokov@mail.ru
Lecturer of the State and Civil Law Disciplines Department Nalchik, Russia

参考

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