Abstract
The author analyzes judicial statistics on crimes of an extremist and terrorist nature and judicial practice on the consideration of criminal cases on crimes of this category of small and medium gravity, and studies the scientific literature on this issue. Despite the fact that these crimes are not the most common, however, in view of their public danger, they cause a strong public response. It is established that the judicial practice in cases of this category is multidirectional, and in some cases contradicts the materials of criminal cases, the decisions of the courts were made as a result of improper application of the criminal law. At the same time, even if the courts take into account all the circumstances of the crime of small and medium gravity of this direction, the current legislation allows the courts to actively terminate criminal cases (criminal prosecution) on non-rehabilitating grounds, including in connection with the appointment of a court fine. In order to form a unified and systematic approach to the legal assessment and evidentiary process in criminal cases of crimes of an extremist and terrorist nature, the author proposes to make additions to the resolutions of the Plenums of the Supreme Court of the Russian Federation.
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More From: Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science
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