Abstract
The article touches upon both the doctrinal and the legal and technical problems in determining the signs of the extremist community as a form of group extremist activity. The analysis of scientific approaches, as well as interpretative acts of the Supreme Court of the Russian Federation, which allowed to correlate the features of an organized group, a criminal and extremist community. The study showed that within the extremist community, taking into account the legislative wording and recommendations of the highest judicial authority, there is a mixture of signs of an organized group and a criminal community. In order to remove the identified intra-industry conflict, on the basis of the results obtained, changes to art. 2821 of the Criminal code, which provide a legitimate basis for recognizing an extremist community as a kind of criminal community.
Highlights
The analysis of scientific approaches, as well as interpretative acts of the Supreme Court of the Russian Federation, which allowed to correlate the features of an organized group, a criminal and extremist community
The study showed that within the extremist community, taking into account the legislative wording and recommendations of the highest judicial authority, there is a mixture of signs of an organized group and a criminal community
In order to remove the identified intra-industry conflict, on the basis of the results obtained, changes to art. 2821 of the Criminal code, which provide a legitimate basis for recognizing an extremist community as a kind of criminal community
Summary
В статье затронута как доктринальная, так и юридико-техническая проблема в определении признаков экстремистского сообщества как формы групповой экстремистской деятельности. Научных подходов, а также интерпретационных актов Верховного Суда РФ, позволивший соотнести признаки организованной группы, преступного и экстремистского сообществ.
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More From: Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia
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