Отзыв официального оппонента о диссертации З. М. Бешуковой «Механизм уголовно-правового противодействия экстремистской деятельности: содержание, структура, основные направления оптими- зации», представленной на соискание ученой степени доктора юридических наук по специальности 12.00.08

Abstract: The article explored the issues of formation and improvement of penal policy in the Republic of Ka-zakhstan. The authors have paid special attention to the analysis of the criminal laws of the state. The authors believe that the most important element of legal policy of the state should be criminal policy, the improvement of which should be carried out by an integrated, interrelated correction of criminal law, criminal procedure law and criminal-executive law, as well as law enforcement. Keywords: Criminal policy; criminal law; humanization; criminal law legislation; Criminal Code of the Republic of Kazakhstan; criminal liability; punishment; law enforcement system; crime. The current state of the fight against crime, the imperative of our time, as well as international trends in the development of the legal system, point at the need for the humanization of the law in force, on the other hand to strengthen criminal liability for certain types of crime. In this regard, the impor-tance for the modernization of modern criminal law was the development and adoption of the new draft of the Criminal Code of the Republic of Kazakhstan (May, 2014) [1, 53–54].As approved by the Presidential Decree of August 24, 2009 № 858 “Concept of Legal Policy of the Republic of Kazakh-stan for the period from 2010 to 2020”, it was noted that the most important element of the legal policy of the state is criminal policy, the improvement of which is carried out by an integrated, interrelated correction of criminal law, crimi-nal procedure law and criminal-executive law, as well as law enforcement [2].It is no coincidence, in the development of this provi-sion in the President of the Republic of Kazakhstan — Leader of the Nation Nursultan Nazarbaev to the people of Kazakh-stan “Strategy “Kazakhstan — 2050”: new political course of the held state” it was entrusted to the Government together with the administration to start the reform of the Criminal and Criminal procedural legislation in 2013.Emphasis should be placed on further humanization, in-cluding decriminalization of economic crimes. It is necessary to prepare and submit a draft 4 of the Code to Parliament: Criminal Procedure, Criminal, and Criminal Executive Code and the Code of Administrative Offences. The adoption of these key legislative acts conceptually modernize the criminal procedure system and bring our right to a standard that allows you to adequately respond to current challenges [3].The adoption of new criminal and criminal-executive legislation of the Republic of Kazakhstan, which entered into force on January 1, 2015 significantly affect the law enforce-ment practice, however, a number of problems, which we mentioned earlier were not reflected and require further study.Adverse changes of quantitative and qualitative characteris -tics of modern crime, costs of law enforcement activity, aggres -siveness and determination of government policy in the fight against crime, require new approaches to the understanding of law and law enforcement, to understanding and rethinking the existing criminal legislation of the Republic of Kazakhstan.Availability of crime tensions in society caused by the crime indicates a problem of criminal law of methodological order, which together determine the low efficiency of criminal legal regulation of social relations.Solution of the problem involves a set of interrelated problems of social and legal order, imperfection of the norms of criminal law, the problems of qualification of crimes, the combination of lawful and reasonable fairness in the selection and assignment of punishment.In general, there is the lack of foundation of criminal re-sponsibility, and therefore, there is a fair conclusion about unexplored of the legal nature of the crimes in full.In this context, the relevance of the offense to the position of a definition of public danger of crimes is not in doubt, such as it is directly related to the modern comprehension of the doctrine of crime components, designing of structures in a single act of law enforcement, general and special issues of im-provement of legal regulation.It should be noted that the theory of criminal legal think -ing in public and state life has been given lack of attention,

In the modern period, the danger of spreading Nazi ideas remains high. The object of the study is social relations arising from the qualification of encroachments related to manifestations of the ideology of Nazism. The subject of the study is the norms of Russian legislation on countering extremist activities. The authors pay special attention to comparative legal analysis, considering the foreign and international experience of legal regulation countering the rehabilitation of Nazism. Extremist activity is a multifaceted concept, and manifestations of the ideology of Nazism, including its approval, the demonstration of Nazi symbols, and the distribution of relevant literature, are only part of it. At the same time, such actions form the ideological basis of extremism, as a result of which they require independent criminalization. Foreign and international experience in this area deserves attention and potential consideration. The methodology of the study is based on the comparative legal method, since it has a comparative orientation. In addition, the authors used a wide range of general scientific methods. The main conclusions are based on the thesis that the legislator recognized the identical public danger of any manifestations of the ideology of Nazism, including those that are not related to aggression and the commission of crimes motivated by hatred or enmity. When improving anti-extremist legislation, it is necessary to take this circumstance into account. The novelty is characterized by the results of the analysis of foreign experience in criminal law regulation and the legal positions of the UN General Assembly, which bring a certain unity to the terminological range necessary for the organization of effective identification and correct qualification of socially dangerous encroachments associated with the spread of Nazi ideology. Extremism is not limited only to manifestations of the ideology of Nazism. Equally, it can be concluded that manifestations of the ideology of Nazism can be isolated taking into account the motive of hatred or enmity. However, in practice, a considerable part of extremist activity is motivated precisely by the approval (overt or veiled) of Nazi ideas, or represents their modernization.

Extremist activity, which includes acts of various kinds, united by radical ideas of humiliation or superiority based on political, religious, social, racial and other discord, requires an adequate criminal legal response. The article analyzes the level of danger of all manifestations of extremism, enshrined in Article 1 of the Federal Law "On Countering extremist activity". Certain shortcomings of the criminal law have been identified, mechanisms for establishing an adequate criminal-legal response depending on the danger of extremist sentiments are proposed. Extremist actions that are not related to violence (or calls for violence) should be assessed as an administrative offense, the repeated commission of such actions should entail criminal liability. Criminal-legal mechanisms of counteraction should be included for extremist actions of a violent nature. The necessity to provide calls for violent actions aimed at violating the territorial integrity of the state as a qualified sign of the corpus delicti provided for in Article 2801 of the Criminal Code of the Russian Federation is proved. Considering that criminal liability for propaganda of exclusivity or superiority for an "extremist" motive is not provided for by criminal law, it is proposed to establish criminal liability for propaganda of exclusivity, superiority of a person on the basis of his social, racial, national, religious or linguistic affiliation or attitude to religion if there is an administrative prejudice.

At a meeting of the Council D 203.012.02 for the defense of dissertations for the degree of candidate of sciences, for the degree of doctor of sciences created on the basis of the Federal State Budget Institution for Higher Education “Saint-Petersburg University of the Ministry of Internal Affairs of the Russian Federation”, on February 14, 2020, Dvorzhitskaya Marina Andreyevna defended her dissertation for the degree of candidate of legal sciences on the topic "Responsibility for implication to crime in criminal law" in the specialty 12.00.08-criminal law and criminology; criminal executive law. The Dissertation Council, chaired by the chairman of the Dissertation Council D 203.012.02, Doctor of Law, Professor S. A. Denisov, decided that the dissertation of M. A. Dvorzhitskaya is a scientific qualification work, that is essential for the science of criminal law and complies with the requirements established by the Regulation on the awarding of scientific degrees. The Council decided to award M.A. Dvorzhitskaya the degree of candidate of legal sciences in the specialty 12.00.08.
 The article is a review of the dissertation of the official opponent, in which the structure and content of M. A. Dvorzhitskaya's dissertation are analyzed.

The article examines the content and certain essential aspects of the principle of competition in the field of criminal and executive law. It is emphasized that this principle is interdisciplinary and characteristic of both the sphere of public legal relations and the sphere of private law. It is noted that competition as a legal basis is mandatory for all procedural branches of law, be it criminal procedural law, civil procedural law, commercial law, administrative law, etc. Attention is focused on the fact that most of the theoretical concepts of determining the principle of competitiveness in the field of public-legal relations are based on the achievements of scientists in the field of criminal procedural law. It is noted that this fact is quite logical, since in the field of criminal proceedings, especially in the judicial stages of its implementation, a classic adversarial process takes place between the parties to the proceedings, who implement the opposite procedural functions of prosecution and defense. It is emphasized that for the field of criminal enforcement law, it is appropriate to use approaches for determining adversariality in the field of criminal proceedings, but with certain essential differences. It is noted that the parties to the proceedings as an element of the reflection of competition in criminal enforcement law differ from the definition of the parties in the criminal process. It is indicated that the classic confrontation between the prosecution and the defense, which is natural for the criminal process, is absent in criminal executive law. It is emphasized that the determination of the parties as an integral element of competitiveness in criminal executive law should take into account the existing opposing interests in this field of law, such as public and personal interests. It is noted that the public interest in the field of criminal executive law is defended by state representatives, that is, officials of bodies and institutions for the execution of punishments, as well as the prosecutor, who performs the function of supervising the observance of legality during the execution of sentences, as well as applying other coercive measures related to the restriction of personal freedom of citizens. Personal interest, under such conditions, is defended by the convict and his representatives.

The article analyzes the current state of scientific research in criminal legal biography in Ukraine. The author defines criminal legal biography as a branch of biographical science which studies the peculiarities of formation, formation and development of fundamental criminal law doctrines, ideas, views and concepts of leading criminalists, taking into account their life biography, in particular, public, state, political, scientific and scientific-pedagogical activities. The author identifies the main areas of development of criminal law biography, in particular, writing dissertations, preparing monographic studies, compiling (organizing) editions of selected works and biographies (bibliographies) of leading criminalists. The first area in criminal law biography – conducting dissertation research on the criminal law (including criminological and criminal executive) heritage of prominent representatives of Ukrainian legal science. The second area in criminal legal biography – conducting monographic studies of the peculiarities of the formation and development of individual scientific schools in Ukrainian criminal law, criminology and criminal executive law. The third area in criminal legal biography is the compilation (arrangement) of publications (selected works, selected works, biographies (bibliographies), etc.) covering generalizations of the criminal legal (including criminological and criminal executive) heritage of certain leading representatives of Ukrainian legal science, in particular, containing both the full content and certain fragments of abstracts, articles, monographs, manuals, scientific and practical commentaries, textbooks, etc. The author outlines the prospects for the development of criminal law biography in Ukraine. Key words: biography, science, biographical method, law, research, criminal law heritage, doctrine, ideas, views, concepts, criminal law, criminology, criminal executive law.

The article discusses the definition and correlation of the concepts of "conflict" and "competence" and provides various expert opinions on this. In the methodology it is an analytical research based on documentary. In modern scientific literature, the clash of the rules of criminal law is called conflict of laws, using the definitions indicated as identical concepts. However, the authors point to the controversial nature of such an interpretation of those concepts. The causes of conflicts in the rules of Russian law are analyzed. Thereis also a detailed analysis of conflicts in the rules of domestic criminal law and criminal executive law. In the context of the topic studied, the authors refer to the categories of criminal law and criminal executive law as the principles of criminal law. It emphasizes by way of conclusion that the conflicts identified are not an exhaustive list, simply the authors of this work managed to consider only some aspects of the subject, therefore the conclusions and suggestions are not indisputable. In any case, the discussion of these issues is important to achieve coherence in the rules of criminal law and criminal executive law.

The article is devoted to the study of the trends in Russian criminal policy at the present stage of its development. The authors come to the conclusion that criminal policy today is understood and exists in three aspects: first, as a policy in its own (narrow) sense of the word, that is, state political activity in the field of combating crime; second, as law enforcement in this area (practical policy); third, as a branch of scientific knowledge of complex content (based on the connection of criminal law, process, criminal executive law, criminology with political science, sociology, management theory), the so-called criminal political science.
 Criminal policy, implemented at different stages of development of social relations, is characterized by certain priority areas. Currently, with regard to international documents and standards, one of the key trends in Russian criminal policy is humanization, as evidenced by the analysis of changes and additions to the criminal law over the past twenty years.

This scientific publication attempts to determine the place of criminal law in the field of countering organized forms of extremist activity. The arguments presented, based on the achievements of the doctrine, as well as legislative, law enforcement and interpretative activities, indicate the positive evolution of criminal law in the field of legal technology under consideration. In the development of the criminal policy course in the fight against extremism, the connection of criminal legislation with the Federal Law “On Countering Extremist Activities” and the Strategy for Combating Extremism in the Russian Federation until 2025 has been demonstrated. Stages of counteraction to organized forms of extremist activity with their distinctive features are highlighted. The position is argued that criminal law occupies one of the leading places in countering various forms of extremist activity.

В журнале «Современное право» за 2022 год профессором А.Я. Рыженковым были опубликованы статьи «О соотношении методов и принципов правового регулирования (на примере гражданского и предпринимательского права); «Метод правового регулирования: ответ на критику и возможные направления дискуссии», и тем самым была открыта плодотворная и сложная дискуссия о критериях определения российских отраслей права. По мнению автора, важность таких исследований очевидна, так как на современном этапе правового регулирования общественных отношений требуется переосмысление критериев, образующих самостоятельную отрасль права, в сторону их расширения, что объясняется тенденциями развития законодательства, сложившейся правоприменительной практикой, достижениями юридической науки. Статья посвящена правовой природе и сущности уголовно-исполнительного права. На основе диалектического, теоретико-прикладного и сравнительно-правового метода определена уникальность этой отрасли права. Автор рассматривает системообразующие признаки, образующие самостоятельную нормативную систему, обладающую статусом отрасли права, расширяющие научное представление о них. В работе подчеркивается, что любая самостоятельная отрасль российского права характеризуется особым статусом, что предопределяется набором неповторимых для нее особых свойств. Анализируя высказанные в юридической литературе взгляды ученых, рассуждающих о собственной, неповторимой сфере правового регулирования тех или иных общественных отношений, автор убеждается в том, что в равной степени такой подход можно отнести и к сфере уголовно-исполнительных отношений. Особое внимание уделяется дополнительным системообразующим признакам отрасли права — целям и принципам правового регулирования. По мнению автора, профессор А.Я. Рыженков аргументированно доказывает, что на сегодняшний день недооцениваются роль и значение отраслевых принципов, определяющих каркас (основу) правового регулирования той или иной области общественных отношений. Автор отмечает, что самостоятельная отрасль российского права претендует на статус уникальной отрасли. Автор полностью солидарен с позицией представителя цивилистической науки профессора И.А. Михайловой в том, что, несмотря на существующие процессы модернизации общественных отношений, самостоятельная отрасль права занимает уникальное место в системе российских отраслей права. В этом контексте отдельного внимания заслуживает четко выстроенная научная позиция заслуженного юриста РФ, профессора Т.Ф. Минязевой, заключающаяся в том, что уголовно-исполнительное право — это особая отрасль права. Действительно, на наш взгляд, самодостаточность и уникальность рассматриваемой отрасли права предопределяется системообразующими признаками, нуждающимися в переоценке значимости и представленными не только предметом и методом правового регулирования уголовно-исполнительных отношений, но и собственными целями, задачами, принципами, особой системой субъектов, наконец, набором специальных мер принуждения, не свойственных никакой другой отрасли права. In the journals "Modern Law" for 2022 Professor A.Ya. Ryzhenkov published articles: "On the correlation of methods and principles of legal regulation (on the example of civil and business law); "Method of legal regulation: response to criticism and possible areas of discussion", thereby a fruitful and complex discussion was opened on the criteria for determining Russian branches of law. According to the author, the importance of such studies is obvious, since at the present stage of legal regulation of public relations, it is necessary to rethink the criteria forming an independent branch of law in the direction of their expansion, which is explained by trends in the development of legislation, established law enforcement practice, achievements of legal science. The article is devoted to the legal nature and essence of criminal executive law. The uniqueness of this branch of law is determined on the basis of the dialectical, theoretical-applied and comparative-legal method. The author examines the system-forming features that form an independent regulatory system with the status of a branch of law, expanding the scientific understanding of them. The paper emphasizes that any independent branch of Russian law is characterized by a special status, which is predetermined by a set of unique special properties for it. Analyzing the views of scientists expressed in the legal literature who talk about their own, unique sphere of legal regulation of certain public relations, the author is convinced that this approach can equally be attributed to the sphere of criminal executive relations. Special attention is paid to additional system-forming features of the branch of law – the goals and principles of legal regulation. According to the author, Professor A.Ya. Ryzhenkov argumentatively proves his position, based on a deep comprehensive analysis, that nowadays the role and importance of sectoral principles that define the framework (basis) for the legal regulation of a particular field of public relations is underestimated. The author notes that the independent branch of Russian law claims to be a unique branch. The author fully agrees with the position of the representative of civil science, Professor I.A. Mikhailova that despite the existing processes of modernization of public relations, an independent branch of law occupies a "unique" place in the system of Russian branches of law. In this context, the clearly constructed scientific position of the Honored Lawyer of the Russian Federation, Professor T.F. Minyazeva, that criminal executive law is a special branch of law, deserves indispensable attention. Indeed, in our opinion, the self-sufficiency and uniqueness of the considered branch of law is predetermined by system-forming features that need to be re-evaluated, and represented not only by the subject and method of legal regulation of criminal executiverelations, but also by their own goals, objectives, principles, a special system of subjects, and finally, a set of special coercive measures that are not peculiar to any other branch rights.

The article is devoted to the consideration of the problems of the formation of criminal policy as «a science of the criminal legal cycle». Because of this, the author analyzed various approaches in the context of the historical development of the category of "criminal policy". The article demonstrates certain changes in the understanding of criminal policy, as well as identifies its types, which are already considered as separate categories, institutions or sections in «the sciences of the criminal legal cycle». It can be argued that such approaches allowed them to develop sufficiently. The author emphasizes that their development was not carried out simultaneously and with different goals, which leads to a certain imbalance and the need for changes in approaches in defining criminal policy.Criminal policy as a science formed within «the sciences of the criminal law cycle», allows to explore a separate area of scientific knowledge about the causes and consequences of crime, which are aimed at strategic counteraction to crime by means of state and public influence through systematic reform of criminal justice in the distant perspective. The influence of criminal policy is already so significant that it allows to point out the already formed policies and strategies within the framework of criminal law, criminal executive law, criminal procedural law, criminology, criminalistics and forensic sciences. Moreover, these policies and strategies can be referred to as its types and, in their unity, significantly influence the lawmaking and law enforcement processes both in Ukraine and in other states

Introduction: at the present stage of state and law development, the formation of interstate relations of a new format takes place in the context of rather complex and contradictory processes, whose many participants, demonstrating different levels of resistance, become vulnerable to both traditional and new challenges and threats of modern history. One of these threats is extremist activity, which is a real threat to the constitutional order and national security of any state. In recent decades, such phenomena as xenophobia, separatism, religious fanaticism and terrorism, various nationalist sentiments that develop into an active movement and extremism of various etiologies have been actively developed. For Russia, as a multi-ethnic democratic state, these phenomena are particularly dangerous, since they undermine the peaceful coexistence of various ethnic and social groups. In addition, the development of information technologies makes it more accessible to carry out extremist activities among the general population. The social networks are increasingly used by the supporters of terrorism and extremism to conduct active propaganda and vigorous recruitment. In this regard, the authors of the paper set a goal to study the real state of the prosecutor’s supervision over the implementation of laws on countering extremism among migrant workers, as well as to develop new forms of coordinating activities of the prosecutor’s office to prevent and suppress acts of extremist activity in the context of modern political and economic challenges of the modern Russian state and the world as a whole. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the methods of synthesis, scientific generalization and comparative law analysis. Results: despite giving the Prosecutor General’s Office the power to block the sites containing extremist information and remove direct calls for extremist activity, the issue of combating this phenomenon remains particularly topical. In this regard, the importance of coordinating, organizing and implementing the effective control over countering extremist activities, and improving the activities of the law enforcement agencies headed by the Prosecutor General’s Office of the Russian Federation in the fight against extremism is increasing in every possible way. Conclusions: only joint, well-thought-out and well-coordinated activities, led by the Prosecutor General’s Office of the Russian Federation, will prevent the main threats and minimize the negative impact of extremist activities on all sides, aspects and areas of functional activity of the modern Russian state, which is thus fighting not only extremism in all its manifestations, but also related phenomena, including nationalism, chauvinism, separatism, xenophobia, religious and mono-ethnic fanaticism and terrorism, as the most dangerous form of extremism.

The Federal Law «On Police» as one of the powers of the police establishes the duty of law enforcement officers to take measures related to the identification, prevention and suppression of extremist and terrorist activities of illegal public organizations and associations. New challenges require additional measures to counter extremism, including those implemented by police officers. The purpose of this study is to identify how local police officers exercise their powers aimed at countering extremist activities. The methodological basis of the study are general scientific and special legal methods, with particular importance given to the method of circular causality. The authors make a conclusion that a considerable amount of responsibility for counteraction to extremist activity lies with the divisions of district police officers, while this activity is not their main task. Due to objective and subjective reasons, these officials face a number of difficulties in their practical work that make it difficult to effectively counter extremist activities. Extremism cannot be eliminated only by the activities of local police officers. Their role is to identify signs of extremist activity and transfer available information to specialized law enforcement units.

The dissertation research of Mikhail Aleksandrovich Spiridonov «Criminal liability for violation of the right to defense» is an independent monographic study completed at the proper level and such that fully complies with the passport of the specialty 12.00.08 – criminal law and criminology; criminal executive law and the requirements of paragraphs 9, 11, 12 of the Order for the award of scientific degrees, approved by the Cabinet of Ministers of Ukraine on July 24, 2013 No. 567, and its author, Mikhail Aleksandrovich Spiridonov, deserves the award of the scientific degree of Candidate of Law in the specialty 12.00. 08 – criminal law and criminology; penal law.

This article compares the criminal legislation of Russia and the Republic of Kazakhstan in terms of promoting terrorist and extremist activities. The methodological basis of the study is a comparative legal method used to compare the criminal law characteristics of the provisions providing for criminal liability for recruitment into terrorist and extremist organizations in the Russian Federation and in the Republic of Kazakhstan. The object of the study is public relations regulating responsibility for recruitment activities in the Russian Federation and the Republic of Kazakhstan. A comparison of the legislations of the two countries makes it possible to identify the positive and negative aspects of the norms providing for responsibility for recruitment into extremist and terrorist organizations. Based on the results of the comparison, it is proposed to amend the current Russian legislation in order to improve the application of norms, including alternative actions of the subjective side, in practice. The changes will contribute to reducing the significant number of errors regularly made by the courts. With a complex presentation of the norm in the criminal law, the law enforcement officer often makes mistakes due to subjective interpretation. In this case, it is recommended to exclude the facts of a different understanding of one norm by each law enforcement officer by improving the norms of criminal law on the example of more successful use and application of criminal law by other countries, which will contribute to a significant improvement in the quality of decisions made by the courts following the decision.