Some Issues of Accountability for Extremist Crimes: Theory and Practice

Cover Page

Cite item

Full Text

Open Access Open Access
Restricted Access Access granted
Restricted Access Subscription Access

Abstract

The purpose of this article is to consider some aspects of bringing to justice for extremist crimes.

The problem of extremism and its manifestations in modern society is relevant and quite important. Extremist crimes can have serious consequences for public safety and the stability of the entire society. Therefore, the issue of bringing to justice those who have committed extremist crimes is one of the key issues in the fight against this phenomenon.

Extremist crimes are crimes committed with the aim of destabilizing the social situation, provoking social conflicts and violence. The main signs of extremist crimes are ideological motivation, the presence of extremist beliefs and actions aimed at achieving political goals.

The author provides an analysis of the current legislation for crimes of extremist and terrorist orientation and judicial practice on these types of crimes.

Conclusions: Russian legislation on terrorist crimes has been developing for quite a long time, but for the first time responsibility was introduced only in 1994. Prior to that, criminal liability was provided only for the murder or infliction of serious harm to the health of a state or public figure, or an official in the line of duty, in order to undermine the authority of the Soviets. A criminal who committed similar acts against representatives of foreign States was subjected to a similar punishment in order to complicate international relations.

According to the lists of crimes of extremist and terrorist orientation, except for those that belong to this category without additional conditions, this includes acts that are not directly related to them, however, if there is evidence of the presence of appropriate motives or involvement in this activity, they are classified as extremist or terrorist.

Bringing to justice for extremist crimes is an important element in the fight against this phenomenon. The development of legislation, the application of effective preventive measures and criminal penalties, as well as the assessment and analysis of the results of prosecution – all this is necessary to ensure public safety and stability.

Full Text

Restricted Access

About the authors

Lilia Y. Taova

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

Author for correspondence.
Email: lilia-ord@mail.ru
SPIN-code: 7403-4479

Cand.Sci. (Law), Associate Professor of the Department of Special Disciplines, Police Colonel

Russian Federation, Nalchik

Mikhail M. Ardavov

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

Email: ardavov@yandex.ru
SPIN-code: 2345-2048

Cand.Sci. (Law), Police Colonel, Head of the Department of Special Disciplines

Russian Federation, Nalchik

Dayana A. Tokhova

Peoples' Friendship University of Russia

Email: daya.tohhh2002@yandex.ru
SPIN-code: 8099-7477

Law Institute

Russian Federation, Moscow

References

  1. The Constitution of the Russian Federation: the text with amendments approved during the all-Russian vote on July 1, 2020: [adopted by popular vote on December 12, 1993]. // ConsultantPlus.
  2. Criminal Code of the Russian Federation No. 63-FZ dated 06/13/1996// SPS «ConsultantPlus».
  3. Appellate ruling of the Judicial Board for Military Personnel of the Supreme Court of the Russian Federation dated 09/13/2018 No. 205-APU18-23 https://ukrfkod.ru/pract/apelliatsionnoe-opredelenie-verkhovnogo-suda-rf-ot-13092018-n-205-apu18-23/.
  4. The foreign policy dimension of the North Caucasus Federal District / URL: https://mgimo.ru/upload/2022/12/vneshnepoliticheskoe-izmerenie-skfo.pdf .
  5. Gachava M.L., Sherkhov R.R., Schneider S.V. On some manifestations of extremism and terrorism on the territory of the North Caucasus Federal District // Agrarian and Land law. 2022. — №6 (210). — 141-142.
  6. Dagestanis sentenced to terms for creating an extremist organization/ Incidents/ AiF Dagestan https://dag.aif.ru/incidents/dagestancy_prigovoreny_k_srokam_za_sozdanie_ekstremistskoy_organizacii .
  7. Case No. 1-422/2022 / https://судебныерешения. RF/73025877.
  8. Case No. 1-82/2020 /Search for decisions of courts of general jurisdiction https://судебныерешения. RF/52113520.
  9. The verdict in the criminal case on the financing of terrorism by a resident of the Republic of Dagestan was announced | National Anti-Terrorist Committee /URL: http://nac.gov.ru/sudebnye-resheniya/sk/oglashen-prigovor-po-ugolovnomu-delu-o-finansirovanii.html .
  10. The official website of the Ministry of Internal Affairs of Russia. URL: http:// mvd.ru/Deljatel№ost/statistics.
  11. List No. 20 of extremist crimes. Instruction of the Prosecutor General’s Office of Russia No. 35/11, the Ministry of Internal Affairs of Russia No. 1 dated 01/24/2020 (ed. dated 07/13/2020) On the introduction of lists of articles of the Criminal Code of the Russian Federation used in the formation of statistical reports https://sudact.ru/law/ukazanie-genprokuratury-rossii-n-3511-mvd-rossii/prilozhenie/perechen-n-20-prestuplenii-ekstremistskoi/.
  12. Povnaya M.V. On some problems of the fight against terrorism in Russia and certain regions // Agrarian and land law. 2020. No.11 (191). pp. 37-40.
  13. The Chairman of the Russian IC held an operational meeting in Grozny | IA Chechnya Today https://chechnyatoday.com/news/364001.
  14. Rostov court sentenced a Chechen resident to 11 years in a penal colony for terrorism — Vedomosti / URL: https://www.vedomosti.ru/society/news/2023/04/13/970797-sud-prigovoril-zhitelya .
  15. Statistics on the number of terrorist crimes from 2010 to 2022/ URL: http://crimestat.ru/offe ses_chart number.
  16. The number of extremist crimes in the North Caucasus has decreased by a third — URL: https://news.rambler.ru/crime/51174668-v-skfo-na-tret-snizilos-chislo-prestupleniy-terroristicheskogo-haraktera/.

Supplementary files

Supplementary Files
Action
1. JATS XML