FUNDAMENTALS OF THE CONSTITUTIONAL SYSTEM AND STATE SECURITY AS OBJECTS OF CRIMINAL LAW PROTECTION IN COUNTERING EXTREMISM
Abstract and keywords
Abstract (English):
The protection of the constitutional order and the security of the state is an axiom. Russia, regardless of the form of political and economic structure, at all stages of its development was puzzled by the development of effective measures to counter extremism. At present, the noted course is enshrined in the Constitution of the Russian Federation, the federal law “On Counteracting Extremist Activities”, and the National Security Strategy of the Russian Federation. The most symmetrical state-political reaction to the threats emanating from extremism is presented in the Criminal Code of the Russian Federation. A retrospective study of the monuments of criminal law proves that the signs of the phenomenon under study are found in almost all sources of criminal law. Counteraction to extremist activity has always been built on the implementation of special repressive-imperious methods in the field of protection of the studied group of social relations, including personal-restrictive and economic types of punishment. The modern concept of the criminal law fight against extremism, taking into account the essence and content of the foundations of the constitutional order and state security, indicates that the direct objects of crimes, with signs of extremist activity, concentrated in Chapter 29 of the Criminal Code of the Russian Federation, have a very complex essential structure, an integral element of which are human and civil rights and freedoms, integrity of the Russian Federation, public safety.

Keywords:
constitutional system, state security, counteraction, extremism, extremist activity, law
Text
Publication text (PDF): Read Download
References

1. On counteracting extremist activity: federal law no. 114-FZ of July 25, 2002. Collection of legislative acts of the RF, 2002, no. 30, art. 3031. (In Russ.)

2. Monuments of Russian law / ed. by L. V. Tcherepnin. Moscow, 1955. Issue 3: Sudebnik of 1497. 529 p. (In Russ.)

3. Chernyavskaya T. A. Legislative monuments of Russia until 1917: a teaching aid. N. Novgorod, 1995. Part 1. (In Russ.)

4. Naumov A. V. Russian criminal law: a course of lectures: in 3 volumes. 4th edition, revised and expanded. Moscow, 2007. Vol. 3: Special part (chapters 11-21). 536 p. (In Russ.)

5. Russian legislation of the X-XX centuries: in 9 vols. Moscow, 1985. Vol. 3: Acts of Zemsky Sobors. 512 p. (In Russ.)

6. Eriashvili N. D., Belonovsky V. N. Counteraction to extremist activities in legislative acts of the late 17th and early 18th centuries. Bulletin of economic security, 2016, no. 2, pp. 267-270. (In Russ.)

7. On the fight against the bourgeoisie and its agents who sabotage the food supply of the army and impede the conclusion of peace: appeal of the Council of People’s Commissars of November 11, 1917; On the suppression of the counter-revolutionary uprising of the bourgeoisie, led by the Cadet Party: appeal of the Council of People’s Commissars of November 30, 1917, etc. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR 1917-1952 / ed. by I. T. Golyakov. Moscow, 1953. 463 p. (In Russ.)

8. Petryanin A. V. Peculiarities of criminal responsibility and punishment for extremist crimes during the formation of the Soviet state. Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2012, no. 17, pp. 82-87. (In Russ.)

9. On the revolutionary tribunal, its composition, cases subject to its jurisdiction, the penalties imposed by it and on the procedure for conducting its meetings: instruction of the NKJ of December 19, 1917. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR 1917-1952 / ed. by I. T. Golyakov. Moscow, 1953. Pp. 19-20. (In Russ.)

10. On the recognition of all attempts to appropriate the functions of state power as a counter-revolutionary action: Decree of the All-Russian Central Executive Committee of January 5, 1918. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR 1917-1952 / ed. by I. T. Golyakov. Moscow, 1953. (In Russ.)

11. The Criminal Code of the RSFSR of 1922. Collection of documents on the history of the criminal legislation of the USSR and the RSFSR 1917-1952 / ed. by I. T. Golyakov. Moscow, 1953. (In Russ.)

12. On the introduction of amendments and additions to the legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On Counteracting Extremist Activity”: federal law no. 112-FZ of July 25, 2002. Rossiyskaya Gazeta, 2002, no. 138-139. (In Russ.)

13. On amendments to certain legislative acts of the Russian Federation in connection with the improvement of public administration in the field of countering extremism: federal law no. 211-FZ of July 24, 2007. Collection of legislative acts of the RF, 2007, no. 31, art. 4008. (In Russ.)

14. Kuznetsov A. P. The concept, general characteristics of crimes against the foundations of the constitutional system and state security. Socio-political sciences, 2017, no. 4, pp. 86-90. (In Russ.)

15. Fridinsky S. N. Fighting extremism (criminal and criminological aspects). Dissertation... candidate of legal sciences. Rostov-on-Don, 2003. 217 p. (In Russ.)

16. Magnutov Yu. S. Criminal law counteraction to special organized forms of extremist activity (Art. 282.1 and Art. 282.2 of the Criminal Code of the Russian Federation): theory, technique, practice. Dissertation... candidate of legal sciences. Nizhny Novgorod, 2022. 384 p. (In Russ.)

17. Khlebushkin A. G. Fundamentals of the constitutional system as an object of criminal law protection. Bulletin of the St. Petersburg University of the Ministry of Internal Affairs of Russia, 2012, no. 4 (56), pp. 73-79. (In Russ.)

18. On the National Security Strategy of the Russian Federation: decree of the President of the Russian Federation no. 400 of July 2, 2021. Collection of legislative acts of the RF, 2021, no. 7, part II, art. 5351. (In Russ.)

19. Emelyanova E. V., Petryanin A. V. National security strategy of the Russian Federation: reassessment of modern challenges. Bulletin of the Belgorod Law Institute of the Ministry of Internal Affairs of Russia named after I. D. Putilin, 2021, no. 4, pp. 10-16. (In Russ.)

20. Criminal law of the Russian Federation: special part: textbook / ed. by A. I. Rarog. Moscow, 2004. 742 p. (In Russ.)

21. On judicial practice in criminal cases on crimes of an extremist orientation: resolution of the Plenum of the Supreme Court of the Russian Federation no. 11 of June 28, 2011. Bulletin of the Supreme Court of the Russian Federation, 2011, no. 8, August. (In Russ.)

22. Putin: extremists are everywhere, but they are supported only in Ukraine. URL: https://www.vesti.ru/article/2744519 (accessed 25.08.2022). (In Russ.)

23. Petryanin A. V. The personality of an extremist: a criminological aspect. Legal science and practice: Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, 2012, no. 4 (20), pp. 104-109. (In Russ.)


Login or Create
* Forgot password?