Criminal Law Means of Countering Extremist Manifestations on the

Internet

James E. Gonzales

and Denis Mikhailovich Vladimirov

Chicago Police, Chicago, USA

Academy of the Federal Penitentiary Service of Russia, Ryazan, Russia

Keywords: Extremism, crimes of an extremist orientation, extremist manifestations, information and telecommunication

networks, the Internet.

Abstract: This article examines criminal extremist manifestations committed with the use of information and

telecommunication networks, especially the Internet. The relevance of the chosen research topic lies in the

active use of the Internet by the majority of the planet's population. The Internet has become an essential part

of people's lives and an excellent way of spending leisure time, having communication, obtaining various

kinds of information and knowledge, making money, etc. Unfortunately, the criminal community has found

its use for the Internet and it consists in the realization of its illegal goals by means of its use. Extremist

organizations, which in the 21st century actively use the World Wide Web to spread their radical views, are

no exception. This study examines the criminal law means of countering extremist crimes on the Internet. The

official statistics reflecting the dynamics of the studied category of crimes are analyzed. The reason for the

dramatic change in the number of registered crimes of an extremist nature in 2019 is revealed. The features

of committing extremist crimes by means of using the Internet, in contrast to traditional methods, are

considered. The main reasons for the high popularity of the Internet among extremist organizations and

individual representatives of radical ideology are given.

1 INTRODUCTION

At present, extremist manifestations can range from

images of Nazi symbols on clothes and humiliating

posts on the Internet, to its extreme manifestations

and specific excesses called terrorist acts. Even the

most seemingly insignificant manifestations of

extremism and the relatively small number of

extremist crimes committed in comparison with other

categories pose a serious threat to the life and health

of citizens, and also cause harm to the security of our

state and threaten the foundations of its constitutional

system.

In Russian dictionaries, extremism is understood

as adherence to extreme views and measures, mainly

in politics (Ushakov, 2008). But in fact, the

destructive impact of individual occurrences of

extremism can go far beyond the political sphere,

causing significant harm to national and religious

values (Petryanin et al. 2017, Oganesyan et al. 2018,

Orekhoyskaya et al. 2019), economic and

environmental spheres (Korennaya, 2018, Tavstukha

et al. 2018), youth morality (Balatsky, 2017), etc.

Unfortunately, extremist and terrorist

organizations, as well as individual followers of their

ideology, do not stand still and are in constant search

of new ways and means to realize their radical goals.

The process of informatization of society taking

place in the world community, which influenced the

rapid growth in the production of technical means of

transmitting information, as well as the development

of information and telecommunication networks,

including the Internet, had a strong influence on the

transformation of the usual ways of committing a

crime.

Certain extremist crimes were no exception, the

commission of which is increasingly taking place

with the use of the mass media or information and

telecommunication networks. This is evidenced by

the growth of the quantitative indicator of this

category of crimes according to the statistical data of

the bodies keeping records of the state of crime in the

Russian Federation. This forced the domestic

legislator to adapt to modern realities and improve

criminal legislation in the field of countering

Gonzales, J. and Vladimirov, D.

Criminal Law Means of Countering Extremist Manifestations on the Internet.

DOI: 10.5220/0010629200003152

In Proceedings of the VII International Scientiﬁc-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” (CLOSA 2021), pages

81-85

ISBN: 978-989-758-532-6; ISSN: 2184-9854

extremist crimes committed in the still poorly studied

and legally regulated Internet.

Criminal legal means of countering criminal

extremist manifestations in the Internet space are

poorly studied and are in constant improvement due

to the constant technical and informational

development of society, its radicalization and

politicization. The choice of the research topic is due

to the complexity, controversy and relevance of the

problems described above.

2 MATERIALS AND METHODS

Materials used in the course of this study:

- fundamental works devoted to the problem of

extremism, as well as research by contemporary

authors;

- modern scientific research devoted to various

forms of manifestation of extremism;

- scientific publications devoted to the problem of

the spread of extremism directly in the Internet space;

- modern scientific research devoted to public

relations, which can be harmed by certain extremist

manifestations.

- official statistics of law enforcement agencies of

the Russian Federation reflecting the state of crime;

- regulatory legal acts aimed at countering

extremist manifestations

on the Internet;

Research methods: hermeneutic and dialectical

method of cognition, comparative analysis, formal

legal method, as well as scientific abstraction,

grouping and classification.

3 RESULTS AND DISCUSSION

According to official statistics, in 2017, 1,521

extremist crimes were committed, in 2018 – 1,265, in

2019 – 585 and in 2020 – 833.

The statistics show that in 2020 there was an

increase in registered crimes of the studied category

by 30%. However, in 2019 there was a dramatic

decrease in the number of committed extremist

crimes by 53%. This was due to the partial

decriminalization of Art. 282 of the Criminal Code of

the Russian Federation «incitement to hatred or

enmity, as well as humiliation of human dignity» and

addition to the Code of Administrative Offenses of

the Russian Federation Art. 20.3.1 providing for

liability for a similar act in December of 2018. Now

criminal liability under Art. 282 of the Criminal Code

of the Russian Federation occurs only for the

commission of these actions after he was brought to

administrative responsibility for a similar act within

one year (Gavrilov, 2020).

The fact is that under Art. 282 of the Criminal

Code of the Russian Federation, the largest number of

crimes was committed annually in comparison with

other extremist groups. Before decriminalization in

2018, 814 crimes were committed under Art. 282 of

the Criminal Code of the Russian Federation, and in

2019 already 284. It should be noted that under the

new Art. 20.3.1 of the Code of Administrative

Offenses of the Russian Federation, 483 cases of

administrative offenses were received by the courts in

2019.

Thus, from the analysis of the statistical data

presented, it can be concluded that the number of

extremist manifestations committed remained

practically the same, but some of them due to the

partial decriminalization of Art. 282 of the Criminal

Code of the Russian Federation passed into the

category of administrative offenses, while

maintaining the level of public danger essentially

unchanged.

The Federal Law of July 25, 2002 No.114-FL «On

Counteracting Extremist Activity» defines the term

«extremist activity» which the legislator has used as

a synonym for «extremism». However, a specific

definition with clearly defined features and

distinctive characteristics is not given. The definition

of extremist activity (extremism) is disclosed by

means of enumerating acts related to it, and in

addition to criminally punishable crimes (including of

a terrorist nature), administrative offenses are also

cited there.

Speaking specifically about criminal extremist

manifestations, it should be noted that the Criminal

Code of the Russian Federation contains the term

«crimes of an extremist nature». Its definition is given

in note 2 of Art. 282.1 of the Criminal Code of the

Russian Federation, by which it is proposed to

understand all criminally punishable acts, taking into

account that they were committed for reasons of

political, ideological, racial, national or religious

hatred or enmity or for reasons of hatred or enmity in

relation to any social group provided for by the

relevant articles of the Special Part of the actual Code

and paragraph «e» of the first part of Article 63 of this

Code. (i.e. committed on a so-called extremist

motive) (Bukalerova et al. 2016).

We agree with the remark of S.V. Borisov that the

Criminal Code of the Russian Federation does not

have a formed unified system of norms aimed at

countering extremism, extremist compositions are

CLOSA 2021 - VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH

ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”

located in different sections and chapters (Borisov,

2012). In addition, the Criminal Code of the Russian

Federation does not have an exhaustive list of articles

of this category of crimes.

Thus, theoretically, it is possible to simulate a

huge number of examples of the commission of

crimes based on the reasons specified in paragraph

«e» of Part 1 of Art. 63 of the Criminal Code of the

Russian Federation using the Internet, which will be

considered extremist crimes.

Due to such uncertainty, we consider it expedient

and reasonable to consider in this study only those

extremist norms that contain, as a mandatory

constructive or qualifying feature, such a method of

committing as using information and

telecommunication networks, including the Internet.

These are Art. 280, 280.1, 282 of the Criminal Code

of the Russian Federation.

From the place of the relevant norms in the

structure of the Special Part of the Criminal Code of

the Russian Federation, it follows that the criminal

offenses provided for by them infringe on the

foundations of the constitutional order and the

security of the state: Articles 280, 280.1 and 282 are

located in Chapter 29 «Crimes against the

foundations of the constitutional order and security of

the state» section X «Crimes against state power» of

this Code (Uzembaeva 2016).

In 2014, these compositions were supplemented

by the Federal Law of June 28, 2014 No.179-FL «On

Amendments to Certain Legislative Acts of the

Russian Federation» indicating such an alternative

way of committing them as using information and

telecommunication networks, including the Internet.

Articles 280 and 280.1 of the Criminal Code of

the Russian Federation contain it as the only

qualifying feature (part 2), increasing the maximum

term of imprisonment from 4 to 5 years in both cases.

In addition, as the main type of punishment, coupled

with imprisonment, the sanctions of these structures

provide for the deprivation of the right to hold certain

positions or engage in certain activities for up to three

years.

It should be noted that there is an obligatory

constructive feature necessary for the criminalization

of these compositions, namely, «publicity», including

through the means of using the Internet (part 2 of

article 280, part 2 280.1 of the Criminal Code of the

Russian Federation). For example, private closed

correspondence between two Internet users excludes

such a feature, as well as the corpus delicti provided

for by the specified norms.

Unlike Art. 280 and 280.1, Art. 282 of the

Criminal Code of the Russian Federation contains an

indication of such a method of commission directly in

the disposition (again, in case of the presence of

publicity). And as qualifying signs it distinguishes:

committing with the use of violence or the threat of

its use (item «a»), by a person using his official

position (item «b»), by an organized group (item

«c»).

It should be noted that statements on the Internet

aimed at inciting hatred or enmity or humiliation of

human dignity on various distinctive features are also

characterized by other forms of complicity besides an

organized group (clause «c», part 2 of Article 282 of

the Criminal Code of the Russian Federation). In the

comments under posts published on major social

networks, one can often find verbal expressions of an

extremist nature in relation to a certain nationality or

its individual representative, aimed at humiliating

human dignity, where other users join his words. This

can happen by prior conspiracy or, as it often happens

without it (that is, by such forms of complicity as a

group of persons, or by a group of persons by prior

conspiracy, parts 1 and 2 of Art. 35 of the Criminal

Code of the Russian Federation). This undoubtedly

increases the level of public danger, although such

forms of complicity as a qualifying feature have not

been consolidated in this norm.

As we said earlier, after decriminalization,

liability under Art. 282 of the Criminal Code of the

Russian Federation occurs only in case of repeated

commission of these actions within 1 year after being

brought to justice under Art. 20.3.1 of Administrative

Code of the Russian Federation.

Extremist corpus delicti contained in Chapter 29

«Crimes against the foundations of the constitutional

order and security of the state», namely Art. 280,

280.1, 282, 282.1, 282.2, 282.3 of the Criminal Code

of the Russian Federation, many scientists classify

into a separate group. For example, D. M. Potapov

proposes to classify these norms as «definitely

extremist» (Potapov 2019), A. A. Mozhegova as

«extremist crimes» (Mozhegova, 2015), etc.

We also consider it reasonable to separate these

norms into a separate group. This is explained by the

fact that they are extremist, regardless of the motive

for the crime. For example, the organization of an

extremist community (Article 282.1 of the Criminal

Code of the Russian Federation) or the financing of

extremist activities (Article 282.3 of the Criminal

Code of the Russian Federation) can be committed

solely for the purpose of obtaining greater material

benefits in the future, that is, for a selfish motive. It's

just that the actions themselves are in any case

extremist manifestations, the list of which is given in

Criminal Law Means of Countering Extremist Manifestations on the Internet

the domestic definition of the concept of extremist

activity.

The growing popularity of information and

telecommunication networks, especially the Internet,

among extremists is explained by the fact that they:

- have an intercontinental coverage area that

allows to wash off state borders, which cannot be

done by traditional methods of committing crimes,

especially when transfer between states is prohibited

or difficult (such as during the COVID-19 pandemic);

- allow you to almost instantly receive, send or

massively distribute information, subject to the

availability of network connectivity. What currently

has the majority of modern cellular communications,

laptops, stationary computers and other technical

equipment;

- allow you to simultaneously influence a different

category of citizens, moreover, the number of these

people can be practically unlimited. It depends on the

place where the information is disseminated and the

number of people visiting this Internet resource.

Some pages on social networks or Internet sites have

thousands, tens of millions and even hundreds of

millions of subscribers. It is unlikely that in the real

world, it will be possible to collect such a huge

audience, which is undoubtedly a huge advantage of

this method of committing extremist crimes;

- are one of the main sources for recruiting new

supporters of radical ideology. The bulk of Russian

Internet users are citizens aged 12 to 24 years.

According to Mediascop, 97.1% of people of this age

use the Internet. Due to the age characteristics of the

younger generation, their not fully formed moral and

ethical foundations, they become the main objects of

propaganda influence (Bukalerova et al. 2020). For

the same reason, some of them succumb to such

influence based on pseudo-religious and pseudo-

political convictions, after which they join extremist

organizations.

Another reason for the active use of information

and telecommunication networks by extremists,

especially the Internet, is the difficulty in detecting

and suppressing such crimes by operational units of

law enforcement agencies (Shkabin 2020), as well as

in establishing the identity of the criminal.

First, since many Internet systems are developed

abroad, corporations that manage IP addresses and

domain names are based in other countries. For

example, the main offices of such popular services as

Facebook, Gmail, Skype and others are located in the

United States. And it is very difficult for Russian law

enforcement agencies to obtain information about

their users, and in most cases even impossible.

Secondly, the high anonymity and secrecy of

information in cyberspace make it difficult to

establish the identity of an extremist criminal and

collect evidence. Social media accounts, websites and

other Internet resources can be registered to non-

existent names and surnames, someone else's phone

numbers, specially created fake emails, etc. That is

exactly what the criminals do. The most skillful

radicalists use various kinds of programs to hide

information about the sender, as well as, if necessary,

destroy files from the network, which can be used as

evidence of their involvement in a crime. Of course,

sometimes information and files can be recovered,

but unfortunately not always.

4 CONCLUSIONS

The definition of the concept of «crimes of extremist

orientation» contained in note 2 of Art. 282.1 of the

Criminal Code of the Russian Federation, should be

supplemented with an exhaustive list of articles of the

Criminal Code of the Russian Federation related to

them. This will allow avoiding its too broad

interpretation, which in turn unreasonably expands

the range of crimes belonging to the studied category,

and also burdens the implementation of state

strategies to combat extremist activities and the work

of law enforcement agencies.

Item «c» of Part 2 of Art. 282 of the Criminal

Code of the Russian Federation should also be

supplemented with such forms of complicity – by a

group of persons and by a group of persons by prior

conspiracy.

At the international level, it is necessary to

develop an effective mechanism for cooperation in

providing law enforcement agencies of other states

with information about personal data and

correspondence of extremist users of large Internet

services.

In addition, if we are talking about cyberspace, the

material and technical base of the workplaces of law

enforcement officers should be constantly updated. In

order to provide the latest technical means and

software necessary to detect and suppress extremist

crimes on the Internet, as well as to establish the

identity of the offender. In addition, it is necessary to

ensure regular training for employees of operational

units in working with modern technical means.

It is necessary to develop and constantly improve

a methodology for educating and informing various

age categories of citizens about possible extremist

manifestations on the Internet. This is especially true

for parents and teachers, in order to prevent the

CLOSA 2021 - VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH

ACTIVITIES: PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”

involvement of their children in extremist

organizations, and indeed other criminal

communities. Mediation services (Vasilenco et al.

2020), qualified specialists in the field of

communication and child psychology, specialists in

the field of communication technologies, lawyers,

etc. should be involved in working with parents,

teachers and children. leisure activities (Naurzalieva

et al. 2020). In addition, it is important to inform all

citizens about the possible administrative and

criminal liability for participation in extremist

activities on the Internet.

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