Police activity - rubric The police and issues of the fight against terror and extremism

Abstract: The article is aimed at further improving the legal support of law enforcement activities of internal affairs bodies in the field of countering extremism. The subject of the study is the norms of administrative legislation regulating public relations in the field of administrative supervision of the police and judicial control in the field of countering administrative offenses of extremist orientation in the telecommunications network "Internet", as well as materials of judicial practice and law enforcement activities of police officers. The work uses a set of general scientific methods of cognition, such as dialectical, hermeneutical and systematic approach. Private scientific methods were used, such as formal legal and statistical research methods. В The authors consider in detail the problem of optimizing counteraction to extremism in the process of administrative supervision of the police, as well as as a result of judicial control over the resolution of cases of administrative offenses of extremist orientation identified during the implementation of state supervision in the field of communications, information technology and mass communications. The characteristic mistakes of law enforcement are revealed, consisting in the excessive application of administrative coercion measures to persons brought to administrative responsibility for extremism. The authors come to the conclusion that it is necessary to change the approach in the perception of the concept of "extremism" in the telecommunications sphere as a phenomenon of "extreme" radical behavior. The ways of improving legislation and law enforcement activities in this area are proposed.

Keywords: informatization, law enforcement, extremism, administrative responsibility, administrative supervision, judicial control, public demonstration, contesting, information technology, countering extremism

DOI: 10.7256/2454-0692.2018.6.24958

Abstract: The research object is particular problems connected with normative legal regulation of counterterrorism activity. The author notes that a range of federal laws and other legal acts have been adopted to regulate counterterrorism activity. In its turn, the Criminal Code of the Russian Federation establishes responsibility for terrorism offences. However, despite a sound legal basis, some problems still exist in this sphere of legal regulation. The methodological base of the research includes system analysis of the current legislation and other legal acts, comparison, classification, and theoretical and legal prognostication. The author concludes that it is necessary to consider the formalization in the Criminal Code of an exact and full list of compositions of especially grave crimes which can infringe on public safety. The conceptual framework of the Criminal Code related to counterterrorism doctrine and other especially grave crimes against the national security, should be brought in line with the terminology and the tendencies of development of criminal responsibility for these crimes formalized in international legal acts.

Keywords: criminal responsibility, criminal law, legal regulation, criminal law of Russia, responsibility, extremism, legal regulation, counter extremism, counterterrorism, Terrorism

DOI: 10.7256/2454-0692.2017.4.23716

Abstract: The research subject is the set of various statutory instruments regulating the work of police commissioners aimed at preventing and combating extremism among youth, the practice of their realization and scientific works of Russian and foreign scholars in this field. The author analyzes the current legal means of combating extremism among youth to detect the problems of law enforcement practice in the work of a police commissioner. The research is based on the analysis of the current legal means. The author reveals their drawbacks and forecasts possible problems, defines the directions of improvement of particular legal provisions in the context of the denoted problem. The scientific novelty consists in the fact that the author studies theoretical problems, which haven’t been studied comprehensively enough, or which are solved inconsistently. The study contains the analysis of various viewpoints of scholars on the problems under study. The author offers solutions to some of them. Based on the analysis of these viewpoints, the author offers the ways to improve combating extremism among youth.

Keywords: educational institution, administrative responsibility , Administrative Offences Code of Russia, extremism prevention, combating extremism among youth , police commissioner , police, internal affairs bodies , extremism among youth, public security

DOI: 10.7256/2454-0692.2018.4.27486

Abstract: The aim of the article is to improve the law enforcement activity that fights against extremist crimes. The results of the analysis of the current legislation on the matter demonstrate contradictions in the interpretation and definition of extremist crime. This does not allow to define what elements of crime under the Criminal Code can be considered to be of extremist nature. Based on the research, in order to attribute this or that action to extremist crime it is necessary to take into account the extremist motive for their commitment that implies political, ideological, racist, national or religious hatred or enmity, or hatred or enmity towards a particular social group. In addition, the author pays attention to the relation between the concepts of 'extremism' and 'terrorism' which, despite certain similarity between these concepts allowing to view terrorism as an extreme example of extremism, are not identical concepts and cannot be synonymized. The methodological basis of the research implies general research methods (comparison and analysis) and empirical methods (analysis and review of research and special literature). The conclusions made by the author of the article allow to present a classification of extremist crimes depending on such criteria as objective and subjective attributes of crime. This provides a better insight into the nature of modern extremism and allows to increase efficiency of law enforcement activity aimed at discovery and qualification of crime of this kind.

Keywords: qualification, criminal code, extremist activity, classification, extremist motive, extremist crimes, terrorism, extremism, hatred or enmity, criminal liability

Abstract: the article describes legal and structural issues related to the counteraction to extremism. The article suggests a research of the means of realization of penal responsibility for the extremism crime, and a number of suggestions are made how to improve the legislation in force in the sphere of responsibility assignment for extremism actions.

Keywords: extremism, counter measure, danger, punishment, responsibility, crime, vandalism, organized, group, terrorism.

Abstract: the article studies such a social legal phenomenon as extremism and reveals the forms of the latter among the young generation. Besides, the article studies administrative and legal means of counteraction to extremism. The author makes assumptions that informal social groups and subculture may have roots of extremism among the young generation.

Keywords: extremism, liability, counteraction, ban, penalty, nationalism, fascism, pseudo hero, patriotism, terrorism, youth, members of an informal social group.

DOI: 10.7256/2454-0692.2022.5.30170

Abstract: The article examines the current problems of recruiting young people to extremist organizations using both religious motivation and social problems of recruitment objects. The article describes the results of a study to identify the motives and reasons for citizens' participation in the activities of terrorist and extremist organizations. The practice of improving the system of measures to counter extremist organizations in recruiting new members is considered. In addition, the subject of the study includes recruiting tools, the structure of the recruitment process, models for attracting new members to terrorist organizations, as well as characteristics of potential recruits. The methodological basis of the research is such general scientific and private scientific methods as analysis, formal-logical and formal-legal. Based on the analysis of current law enforcement practice, modern statistical data and the points of view of other researchers, the reasons that complicate the effect of the norms of Russian legislation on recruiters and the application of preventive measures within the framework of the problem are reflected. The main results of the conducted research allow us to identify significant gaps in the issues of countering terrorism and extremism at the initial stages. The variants of solving the issue by introducing the cult of love for the Motherland into the consciousness of young people, as well as the skills of correct understanding of moral and religious values are proposed.

Keywords: recruitment, terrorism, extremism, social networks, ideology, youth, involvement, aggression, online recruiting, religion

Abstract: They say the youth national groups pursuing the idea of “predominance of migrants and aliens” represent the major threat in Russia today. The extremism- oriented activity of such organizations threatens national safety with the growing flow of working migrants and gradual change (de-russification) of the ethnical face of the Russian nation.

Keywords: administrative law, constitution, law, extremism, organizations, groups, counteraction, ethnical, religious.

Abstract: the article shows the legal and structural issues in counteraction to political extremism, it explains present day peculiarities of political extremism, and the author suggests ways aimed at improvement of the legislation in the spheres of political extremism.

Keywords: the Caucasus, extremism, counteraction, liability, penalty, standards, xenophobia.

DOI: 10.7256/2454-0692.2020.6.34318

Abstract: One of the most widespread directions of counterterrorism efforts is a targeted influence on the potential terrorists before they actually start their terrorist activity. To perform this complicated task, it is necessary to have the exact information about the characteristics of such personalities, which can be collected only by means of scientific interpretation of various significant data. It can help to find out what factors promote the formation of a personality of a terrorist and choose the measures aimed at their elimination thus preventing terrorist organizations from recruiting new members. The author studies such factors as the motive and the circumstances characterising the personality of a convict, which are subject to proving in the course of criminal proceedings according to part 1, article 73 of the Criminal Procedure Code of the Russian Federation. The author formulates the following conclusions: crimes of terrorism are ususally committed by young men (under the age of 30) with a low level of education; the increase of immigration to the Russian Federation leads to the increase of the number of the members of international terrorist organizations in the country; the reasons and conditions leading to terrorist crimes are not being studied sufficiently enough; there is an interrelation between the criminological characteristics of terrorists’ personalities and the mechanisms of their involvement into terrorist activity, and the specificity of the roles performed by them in an organized crime group; the social sphere of regular terrorists is narrow, which determines their susceptibility to the terrorist ideology.

Keywords: personal characteristic, recruitment, counter-terrorism, abettor, participant, director, organizer, identity of the terrorist, classification, crime of a terrorist nature

DOI: 10.7256/2454-0692.2024.2.70005

Abstract: The subject of the study consists of separate statistical indicators of extremist crimes in their relationship with the formal definition of the list of such acts in Russian legislation. Special attention is paid to various approaches to explaining the phenomenon of extremism by sciences other than criminology; the content of criminal law signs of the phenomenon under consideration; analysis of the place of extremist crimes in the structure of modern Russian crime; the problem of forming objective criminal statistics due to the adoption of novelties of administrative and criminal legislation; issues of registration discipline of this group of criminal encroachments and the latency of illegal acts. The purpose of the presented work is to put forward and verify the hypothesis of the presence of specific statistically significant dependencies in the registration of the phenomenon of criminal extremism and to analyze the impact of the completeness of the data obtained in this way on the conclusions of criminological science. Methodologically, in our theoretical judgments, we relied on the universal method of dialectical materialism. Private methods consisted in using methods of statistical grouping of data, correlation analysis. The scientific novelty of the work carried out consists in the fact that we explained the reasons (origins) of the use of the criminal statistical approach in the formulation of the definition of extremism (extremist activity) by the legislator in 2002. By analyzing various approaches to understanding extremism from other sciences, the inconsistency of other formulations of the concept was determined. From a dialectical-materialistic point of view, a hypothesis has been put forward that criminal extremism belongs exclusively to political crime. They pointed to the limited volume of recorded crimes from the point of view of the "law of large numbers" as one of the main applied shortcomings that arise when analyzing indicators in modern criminological research. They justified the absence of a linear correlation between "prejudicial" administrative offenses and the corresponding extremist elements of crimes, pointing out, however, that the relationship of states between them persists at three analyzed stages. In the conclusions, we pointed out the key problems of the formation of modern criminal statistics in terms of the formation of our objective ideas about the state of the phenomenon of criminal extremism.

Keywords: level of latency, crime rate, political crime, extremist crimes, extremism, statistic, penal law, extremism dynamics, criminology, structure of crimes

DOI: 10.7256/2454-0692.2013.1.62065

Abstract: the article describes legal and organizational issues in the counteraction to political extremism in European states and in the USA. It is mentioned in the article that International society denies extremism and terrorism as a means to achieve political goals. The highest level of priority is attributed by the United Nations to the combat with these phenomena and the United Nations calls it one of the most important goals of their work. Major directions in which the efforts are taken to counteract these threats are: building of international and national legal base, creation of strong anticorruption center and involving of armed forces to combat extremism and improvement of social economic situation.

Keywords: political extremism, foreign countries, law, counteraction, internal safety.

DOI: 10.7256/2454-0692.2022.3.37665

Abstract: The subject of the study are criminal law norms prescribing responsibility for inciting hatred and enmity, laws and other regulations related to this topic, the state and dynamics of crime, as well as trends in improving the criminal law in this area. The authors consider in detail scientific approaches to understanding a person as an object of criminal law protection. The methodological basis of the research was the general scientific methods of cognition dialectical, reflecting the connection of theory and practice, logical, historical, empirical and system-structural, general logical methods induction, deduction, analysis, synthesis, private scientific methods, sociological, modeling, statistical and others. Special attention is paid to the problem of improving the criminal-legal qualification of crimes against the person motivated by racial, national or religious hatred or enmity, or motivated by hatred or enmity against any social group. The paper presents the author's position on the improvement of criminal law norms (Part 2 of Articles 131, 132 of the Criminal Code of the Russian Federation). The main approaches in this work can be used in law-making activities to improve the current criminal legislation, law enforcement activities of judicial and law enforcement agencies in order to resolve problematic situations in the qualification of crimes motivated by political, ideological, racial, national or religious hatred or enmity or hatred or enmity against any social group.

Keywords: nationality, motive, criminal law, criminal liability, the victim, penal enforcement law, criminal law relations, a natural person, personality, crime

Abstract: the article draws attention to importance and to the role of religious views in the republics of the North Caucasus. The notion and essence of Islamic fundamentalism are described. Historical and political experience of Russia proves that Islam serves not only as a national symbol, spiritual base, national and cultural heritage of the people but the authorities, intellectual and political elite also use it as permission for their own programs of political, legal and economic development of these republics for.

Keywords: religious extremism, fundamentalism, Islam, the North Caucasus, Salafism, counteraction, liability.

DOI: 10.7256/2454-0692.2017.1.18596

Abstract: The problem of migration is still urgent in the Russian Federation nowadays. The present article analyzes the current migration situation in the Russian Federation and its impact on the crime rate. Migration is considered as one of the important factors of crime. The author differentiates illegal and criminal migration and describes the spheres of illegal ethnic groups’ activities. The author notes that migrants, who commit crimes in the territory of the Russian Federation, are also vulnerable to crimes. The study points at the main directions and the results of work aimed at migration rules observance in the Russian Federation. The author applies the set of general scientific and special methods of social and legal reality cognition. The research methodology is based on the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism, and specificity of truth. The recent toughening of control over migration rules observance is also conditioned by the increased terrorist threat. The author concludes that control and adaptation measures tightening doesn’t violate human rights, but helps create obstacles to potential criminals and reveal internal security threats.

Keywords: criminal community, criminal law, borders, crime, foreign citizens, migrants, illegal migration, legal responsibility, legislation adjustment, responsibility tightening

DOI: 10.7256/2454-0692.2017.1.19334

Abstract: The article considers the issues of criminal cases investigation and international cooperation. The authors analyze the provisions of statutory instruments and practical materials of law-enforcement agencies and study some aspects of investigation of criminal cases of participation of Russian citizens in extremist crimes in foreign countries. The article contains the statistical data on the criminal situation and the analysis of criminal legal provisions regulating international cooperation in the field of criminal proceedings; the authors point out the key theoretical and practical issues. Based on the analysis of the provisions of statutory instruments and practical materials of law-enforcement agencies, the authors formulate the main recommendations for investigation and cooperation with law-enforcement agencies of other countries. To reveal the problem, the authors analyze the provisions of the Code of Criminal Procedure of the Russian Federation and the opinions of processualists about the subject under consideration. The authors present their own opinions and analyze the admissibility of investigation results achieved in a foreign country on request. The practical importance of the study is based on the use of statutory materials with account of the recent changes in legislation, the empirical base, acquired in the result of generalization of law-enforcement agencies’ experience in extremist crimes investigation, and judicial practice.

Keywords: evidence, legal assistance, request forwarding , parties to criminal proceedings, international cooperation, investigative activities, extremism, cromonalistics, criminal law, investigations

DOI: 10.7256/2454-0692.2016.4.17204

Abstract: The study is aimed at the improvement of national safety of the state via one of its components – information safety - strengthening. The research object is the range of social relations in the information sphere. The research subject is the impact of the information factor on Russia’s national safety. The author pays attention to the mechanism of formation of an information “database” of a person as a consumer and the object of information impact (management), with particular worldview assessments, defined by the source of information, which are necessary for the subject of information impact (management) to influence the information consumer’s behavior. The author studies particular circumstances, influencing the state’s safety in general. The research methodology includes general scientific methods (historical-legal and dialectical) and specific methods (formal logical). The author concludes about the importance of the creation of a new format of the national safety concept of the Russian Federation, which should be based on information supremacy. The impact of the information factor on the national safety substantiates the need for scientific and practical study of the aspects of information impact on the national safety.

Keywords: extremist activity, data, prevention, society, national safety, information, information impact, information factor, information sphere, Internet

DOI: 10.7256/2454-0692.2016.4.67970

Keywords: extremist activity, data, prevention, society, national safety, information, information impact, information factor, information sphere, Internet

DOI: 10.7256/2454-0692.2016.4.19200

Abstract: The author considers the problem of extremist discourse transformation, the strengthening of rhizomaticity of information impact of extremist ideology. Using the example of the Overton window concept, the author demonstrates the technology of a communicative discourse transformation from “inconceivable” to “the existing standard”. The author notes that one of the priorities of extremist ideology information impact prevention is the set of active, aggressive counter-extremism discourse technologies applied by public associations and individuals. For this purpose, it is necessary to develop partnership relations with the society and establish professional groups of sympathizers. The author emphasizes the activity, aimed at extremism prevention, implemented not only by law enforcement agencies (police), but also in close coordination with civil state and local authorities. The author applies content-analysis, statistical data analysis, and secondary analysis of the data of the Russian Public Opinion Research Center (VCIOM) and the Levada-Center. The author concludes that the responsibility for extremism prevention, imposed on internal affairs agencies, is not effectively discharged. The problem can be solved with the help of new technologies of extremist ideology discourse detection and activities of law enforcement agencies aimed at establishing partnership relations with civil society institutions.

Keywords: vigilantes, social organizations, civil society , police, Overtone window, information environment, prevention, discourse, ideology, extremism

DOI: 10.7256/2454-0692.2016.4.67971

Keywords: vigilantes, social organizations, civil society, police, Overtone window, information environment, prevention, discourse, ideology, extremism

DOI: 10.7256/2454-0692.2016.4.19667

Abstract: The problem of forms of criminal participation is one of the most difficult and disputable. One of the main features, helping identify the form of criminal participation, is the level of uniformity of action of accomplices in preparing and committing the crime. The research subject is the set of objective and subjective features of criminal participation, characterizing the simultaneity of actions of accomplices, reflecting the level of uniformity of their actions in preparing and committing the crime and the level of public danger of the crime. The author applies the set of general scientific and special methods of cognition of the socio-legal reality. To formulate the correct conclusions about the forms of participation in crimes against public order, the author develops the proposals about amending the legislation with the required terminology. The author develops the terms of public danger, criminal participation and forms of criminal participation, criminal and terrorist group and a killing organizer as one of the accomplices. The author offers the ways of the legislation improvement which will promote the prevention of crimes against public safety committed in accompliceship.

Keywords: criminal group, public safety, criminal law, crime, accompliceship classification, form of participation, criminal participation , terrorist group, legislation adjustment, law and order

DOI: 10.7256/2454-0692.2016.4.67972

Keywords: criminal group, public safety, criminal law, crime, accompliceship classification, form of participation, criminal participation, terrorist group, legislation adjustment, law and order

DOI: 10.7256/2454-0692.2015.6.17078

Abstract: The subject of the study is the range of legal and organizational problems of legal regulation of psychological safety of a person in extreme circumstances. The author carries out the theoretical and legal analysis of the concepts of legal regulation of psychological capacities of a person in extreme circumstances as an object of public regulation. The article demonstrates the author’s positions on the theory of adaptive and psychological capacities of a person. The main attention is paid to the development of methods and methodology of adaptive and psychological capacities of a person in extreme circumstances as an object of public regulation. The author carries out the theoretical and legal analysis of the concepts of development of law in extreme circumstances. The methodology of the research comprises the recent achievements of epistemology. The author applies general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods (formal logical) and the methods used in special sociological research (statistical methods, expert assessments, etc.). The author concludes that the development and the formation of the psychology of personal safety is the vital function of a person. Fundamental determination of vital functions of a person is based on his socio-biological nature. The aspiration of a person to narrow the area of danger is determined by the psychological factors which are comprehended as an incentive (reason, aim) which stimulates the person to act. In this case the motivation of safety presupposes the formation of a plan of actions, which are aimed at the implementation of the purpose contained in the motivation. Here we are dealing with a complex succession of adaptive response, the system of actions determined by the needs and guidelines of a person. Apparently, partially, it is a purpot of life as a social phenomenon with a biological basis – self-preservation and the inherent worth of life.

DOI: 10.7256/2454-0692.2015.6.67206

Keywords: personality factor, danger zone, catastrophe, emergency, Accident, Prevention, Person, Psychology, Safety, Determination

DOI: 10.7256/2454-0692.2016.5.17390

Abstract: The research is aimed at a further improvement of legal groundwork for law enforcement activities of internal affairs agencies in the sphere of information struggle against extremism. The author studies social relations in the sphere of information struggle against extremism. The research subject is the legal forms of information struggle against extremism in the activities of internal affairs agencies. The author studies particular legal problems of different branches of law, hampering the effective work of internal affairs bodies in the sphere of information struggle against extremism. The research methodology is based on general scientific methods (historical-legal and dialectical) and special scientific methods (formal-logical). The considered problems point at some aspects of the imperfection of legal provision of law enforcement activity of internal affairs agencies in information struggle against extremism, and define the current condition and some trends of development of modern legislation in this sphere. “In this context, the imperfection of state regulation, on the one hand, negates the effectiveness of the system of information security provision, and on the other hand, serves as a source of various threats to information security. Many remaining shortcomings of lawmaking are conditioned by the imperfection or the lack of instruments and procedures, ensuring timely and sufficient expertise of basic draft laws”. It proves the need for a further scientific and practical consideration of the problems of legal groundwork for law enforcement activities of internal affairs agencies for a more effective information struggle against extremism.

Keywords: extremist materials, extremist activity, extremism, struggle against, legal problem, legal groundwork, internal affairs agencies, information, information struggle, information sphere

DOI: 10.7256/2454-0692.2016.5.68182

Keywords: extremist materials, extremist activity, extremism, struggle against, legal problem, legal groundwork, internal affairs agencies, information, information struggle, information sphere

DOI: 10.7256/2454-0692.2016.5.20259

Abstract: The paper is devoted to the issue of legal responsibility of a person for participation in an extremist group (part 2, article 282.1 of the Criminal Code of the Russian Federation). One of the most complicated problems of law enforcement activity is the problem of particular actions, the participation in an extremist group is reflected in, and the degree of involvement. The criminal legislation of Russia doesn’t range participation in an extremist group according to the degree of involvement in its activities, and legal science studies qualify this problem as a disputable one. The research methodology is based on the provisions of the dialectical method of cognition of phenomena and processes of the objective reality. The author also applies modern general scientific and specific research methods: logical and legal, comparative-legal, system-structure analysis, etc. The author analyzes the judicial practice related to the problem of qualification of a person’s participation in organized criminal groups. The author analyzes the character of participation of a person in particular criminal groups, described in the Special Part of the Criminal Code of the Russian Federation, which aim at committing particular crimes or a further involvement in criminal activities, and comes to significant conclusions. The author makes particular proposals about the improvement of the current criminal legislation, helping optimize combating extremism and terrorism.

Keywords: objective aspect of crime, punishment, preparation for crime, accomplice of the crime, criminal responsibility, illegal armed group, terrorism, extremist group, extremism, Supreme Court

DOI: 10.7256/2454-0692.2016.5.68183

Keywords: objective aspect of crime, punishment, preparation for crime, accomplice of the crime, criminal responsibility, illegal armed group, terrorism, extremist group, extremism, Supreme Court

DOI: 10.7256/2454-0692.2016.6.21353

Abstract: The study is aimed at the further improvement of counterterrorism activities. The research object is social relations in the sphere of counterterrorism. The research subject is the analysis of the nature of terrorism and its roots, aimed at the development of unified approaches to the mechanism of its prevention. The analysis of the current tendencies of terrorist manifestations in the modern Russian society helps the author understand its nature and causes. The research methodology is based on the recent achievements in epistemology. The author applies general philosophical and theoretical methods (dialectics, the system method, analysis, synthesis, analogy, deduction, observation and modeling) and traditional methods of jurisprudence (formal logical). The author concludes that at the present time, terrorism is often considered as yet another security problem that can be easily solved: regular security measures, higher fences, more police officers and more severe punishment. The study demonstrates that upon the declaration of the war against terrorism, the significance of the problem increases, since such measures respond to the symptoms, not the causes. The author proves that year by year, it is more difficult for terrorists to organize attacks, therefore the new forms of terrorism become more terrible in their effect. The author notes that, despite a large number of scientific works, devoted to these issues, the problem is not studied well enough yet. This fact explains the topicality, novelty and practical importance of the problem under consideration. The scientific and practical importance is based on the fact that this study develops and specifies the casual complex theory, determining terrorism. The certain range of problems points at particular shortcomings of counterterrorism mechanism and defines the current state and some tendencies of its improvement. The author formulates the conclusions, necessary for the further consideration of the problem, and the proposals, that can serve as a basis for the decrease of terrorist challenges and threats and can be used in the practical activities of law enforcement agencies.

Keywords: threats, religious violence, internal affairs bodies, determinants, crime prevention, factor analysis of terrorism, causal complex of crime, security, terrorism, terrorist attacks

DOI: 10.7256/2454-0692.2016.6.68436