Revisiting application practice of the legislation on counteraction to extremism on the Internet network
Автор: Bodrov N.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 4 (53), 2018 года.
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This article describes the formation and development of legislation on countering extremism in the Russian Federation. A sys- tematic assessment of the interrelated measures of detection, disclosure, and investigation of offenses, extremist orientation, which are based on the acts committed in a virtual environment (Internet). The author describes the historical and political context of the development of individual acts aimed at episodic, and then systemic extremist threats. Some attention is paid to terminological issues in this area. Based on the analysis of investigative and judicial practice, the current understanding of the phenomenon of “extremism” and related phenomena is analyzed. Special attention is paid to the analysis of statistical reporting on the state of crime in the field of countering extremism and the reasons for the low, in the opinion of the author, the effectiveness of law enforcement agencies in this area. Cumulative analysis of the law and practice of enforcement is used by the author to analyze extremist crime. The article proposes the author's classification of extremist crimes, based on the nature of the actions that constitute their objective side. Within the framework of the classification, the division into “obvious” and “secret” crimes is substantiated. The analysis of extremist crime is accompanied by generalized information about the identity of persons held responsible for the distribution of materials of an extremist nature. Giving the results of studying the practice of identifying offenses of an extremist nature committed on the Internet, the author critically evaluates the regulation of supervision activities in the field of communications, information technology, and mass communications, gives examples from the practice of the Constitutional Court of the Russian Federation. On the basis of the identified issues, separate proposals are formulated for improving legal measures to counter extremism in the Russian Federation.
Xtremism, explicit and secretive extremism, countering extremism, internet, propaganda
Короткий адрес: https://sciup.org/14120269
IDR: 14120269