Extremism and terrorism: problems of legislative definition and criminal law countermeasures

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Abstract

The world community is undergoing significant changes. Along with positive development processes, there are also negative ones – extremism and terrorism. A comprehensive analysis of extremism and terrorism will make it possible to identify the problems of their legislative definition, legal regulation, criminal law counteraction and develop proposals for improvement of the current domestic legislation in this part. The research methodology is represented by the dialectical method, general scientific (logical, analysis, synthesis, systemic) and private scientific (formal legal) methods. Results of the study: it is proposed to define at the legislative level the terminology of the concepts of “extremism” and “extremist activity”, to make a legislative distinction and formalize their legal definition, as well as the legal definition of crimes of a terrorist nature (the latter should be defined in the footnote to Article 2054 of the Criminal Code of the Russian Federation, indicating the list specific criminal encroachments, adding this definition to the resolution of the Plenum of the Supreme Court of the Russian Federation dated July 28, 2011 No. 11); to separate the term “terrorism” from the term “extremist activity”. Conclusions: to distinguish the concept of extremism from extremist activity by amending specific regulatory legal acts and by-laws, to Formulate the concept of “extremism”, “crimes of a terrorist nature”. The novelty of the study is due to the non-trivial approach of the authors, which combines the innovations of domestic and foreign criminal law doctrine into a single complex to achieve the goal.