Procedural means of combating extremism

Abstract

In this article, using the comparative legal method, criminal procedural measures to counter extremist crimes are considered. For this purpose, the legislation of several States belonging to different legal families has been studied. The author concludes that in the global trends of countering extremism and terrorism, there is an active inclusion in the criminal procedure sphere not only measures to identify and solve crimes of the designated orientation, but also recompesatory technologies are being introduced. Under them, in the most general form, it is proposed to understand a kind of rejection of the procedural form in general or its replacement with non-traditional tools in favor of the final result in a criminal case. Similar means of combating extremism abroad take place where police and judicial discretion is developed, which significantly differs from the formalization of criminal investigation and judicial proceedings. There is no special procedural form for criminal cases on extremism or terrorism in the Russian Federation. The criminal procedure legislation provides for the possibility of concluding a pre-trial cooperation agreement and the adoption of a final decision by the court in such a case in a special order. Foreign mechanisms are much broader and depend on the discretion of the law enforcement officer. At the same time, in addition to the court, the right to simplify or complicate procedures may belong to the prosecutor’s office or even the police. This, according to the author, is the fundamental difference in approaches to combating extremist crimes and at the same time a direction for thinking about the possibilities of implementing effective means into domestic legislation and practice.