СООТНОШЕНИЕ ВИДОВ ЭКСТРЕМИЗМА И УГОЛОВНО-ПРАВОВЫХ МЕХАНИЗМОВ ПРОТИВОДЕЙСТВИЯ

Abstract

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.