Liability for Crimes of Extremism within the Context of the Federal Law “On Operational Search Activities”

Vladimir P. Konyakhin, Tatyana Yu. Batyutina, Ruslan G. Aslanyan

2021

Abstract

The purpose of this research is to identify a set of issues related to criminal liability for extremist crimes in terms of Federal Law "On Operational Search Activities" dated August 12, 1995. The objectives of the research are to identify the current trends in extremist activity and to examine the provisions of the Criminal Code and the Federal Law "On Operational Search Activities" in terms of their deficiencies and conflicts, which will allow more effective counteraction to this group of crimes. Theoretical basis of the research is the works of Russian and foreign scientists and lawyers. The empirical basis of the study is the official statistical data (2013 - February 2021). Based on the information resources studied, the dynamics of the crimes in question has been identified, characterized by a predominant upward trend. It has been documented that in the current context of the global pandemic, extremism has taken on new trajectories, involving the increased use of telecommunication technologies with its funding taking the form of charity. It is noted that the Law "On Operational Search Activities" retains its autonomous regulatory value for criminal law of the Russian Federation in the context of exemption from criminal liability for those members of a criminal group, cooperating with the body, engaged in the operational-search activity (Article 18 (4)). However, the relevant regulations contradict both the terminology of criminal law and the notes to Articles 282.1 and 282.2 of the Criminal Code of the Russian Federation. It concludes that the Criminal Code provisions shall prevail, as they are based on the voluntariness of ceasing criminal activity and do not require additional positive post-criminal behavior.

Paper Citation

in Harvard Style

Konyakhin V., Batyutina T. and Aslanyan R. (2021). Liability for Crimes of Extremism within the Context of the Federal Law “On Operational Search Activities”. In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 378-382. DOI: 10.5220/0010643400003152

in Bibtex Style

@conference{closa21,
author={Vladimir P. Konyakhin and Tatyana Yu. Batyutina and Ruslan G. Aslanyan},
title={Liability for Crimes of Extremism within the Context of the Federal Law “On Operational Search Activities”},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={378-382},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010643400003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Liability for Crimes of Extremism within the Context of the Federal Law “On Operational Search Activities”
SN - 978-989-758-532-6
AU - Konyakhin V.
AU - Batyutina T.
AU - Aslanyan R.
PY - 2021
SP - 378
EP - 382
DO - 10.5220/0010643400003152