Release:2017, Vol. 3. №4
About the author:Ivan A. Tarasevich, Senior Research Associate, Expert Scientific Center for Counteraction to Ideology of Extremism and Terrorism, University of Tyumen; email@example.com
In this article, the author analyzes some issues of criminal legal means for combating extremist crimes. In particular, he mentions that the working criminal code of Russia has problems in the sphere of definitions. To this date, the Criminal Law has effectively lost the unity of terminology. In this context, the author draws attention to the article 282.1 “Organization of an extremist community” of the Criminal Code of Russia. The definition of an extremist community proposed in part 1 of this article contradicts the norms of the article 35 of the Criminal Code of Russia “Committing an offense by a group of individuals, a group of persons by prior agreement, an organized group or a criminal organization (criminal organization)”. This is the main problem field of research, which this article aims to solve.
The author provides a comprehensive solution to the problem, which includes the improvement of the definitions of the General Part of the Criminal Law, as well as the general structure of the Russian Criminal Code.
Accordingly, the author employs such methods as system and logical analysis. The article proposes formulations of the main criminal-right definitions, which has required such methods, as synthesis, abstraction and specification, analogy and modeling. Besides that, the author has also utilized the following empirical methods: formal legal analysis of normative acts and literature, study and generalization of scientific theory, among others.
In conclusion, the author proposes to add to the federal law “On Countering Extremist Activity” that the provisions of this law are not subject to broad interpretation, nor they can be used to qualify criminal acts. This will exclude methodological errors in the process of formulating criminal laws.