Current directions of improving administrative and legal methods of countering extremism in modern conditions

Akhtanina Natal'ya Anatol'evna PhD in Law Senior lecturer, Department of Administrative Law and Administrative Activity of the Department of Internal Affairs, V. V. Lukianov Orel Law Institute of the Ministry of Internal Affairs of the Russian Federation 302027, Russia, Orel, Ignatova str., 2 akhtanina@inbox.ru Other publications by this author

The changes that took place at the end of the 20th century in various areas of Russian government activity affected all spheres of society and contributed to the emergence and development of such a legal phenomenon as extremism, which has now become an integral part of the life of not only the Russian but also the international community. The concept of "extremism" is complex and multifaceted. There is no clear understanding and interpretation of this legal phenomenon in the scientific literature, which leads to difficulties in a common understanding of the definition in the international community and the question of what actions can be attributed to extremist remains open. The word itself comes from the French language and has the meaning "extreme". L. P. Krysin interprets "extremism" as a commitment to extreme views and measures ^[1], usually inherent in politics.

Extremism is a complex phenomenon that is considered not only in the legal aspect, but also in the social and political. Due to the lack of an accurate definition of the concept of "extremism", there are many of its manifestations, classified by purpose, motive, and orientation. The most common classification in the scientific community is the following ^[2]:

1. Political extremism;

2. National extremism;

3. Religious extremism.

These types of extremist activities can co-exist in one manifestation. So, for example, after various formations entered the territory of Dagestan in 1999, whose activities were aimed at changing state power and "building an Islamic state," the militants of B. M. Kebedov began to be one of the main forces in this conflict. The illegal actions carried out by the militants combine all the types of extremism listed earlier.

In the Russian Federation, the term "extremism" is not legally fixed. In Federal Law No. 114 of July 25, 2002 "On Countering extremist activities", the definition of "extremism" is comprehensive and includes a list of actions equating to extremist ones – violent change of the foundations of the constitutional system; public justification of terrorism and other terrorist activities; incitement of social, racial, national or religious discord; obstruction of legitimate activities state bodies; a call for the implementation of the above and other actions specified in the law. In the current period of time, the fight against extremism is one of the fundamental tasks facing the State and its law enforcement agencies. Extremist offenses are not just an act that threatens the foundations of the constitutional system, but also actions that divide the social and moral values of citizens ^[3].

We also note the fact that the European Commission against Racism and Intolerance (hereinafter - ECRI) has criticized this definition^[4], noting the vagueness of this definition, and therefore recommended revising the definition of extremism in the "On Countering Extremist Activities".

One of the pressing problems of the world community in general, and the Russian community in particular, is associated with the spread of such a negative phenomenon as youth extremism. The analysis of socio-demographic characteristics of extremists shows that persons with certain characteristics are involved in youth extremism:

1) in the main cases – male persons. The participation of women is represented by isolated cases, in a percentage of about 5%;

2) the age range of participants in youth extremism ranges from 14 to 30 years old. Teenagers between the ages of 14 and 20 are considered to be the most predisposed to becoming involved in extremist groups. This age group absorbs xenophobic and extremist ideas faster;

3) the level of education is not high enough as a percentage. In the main cases, participants in youth extremism were found to have incomplete secondary or basic education, namely 18%, secondary full, about 30% or secondary vocational education, about 36%. And only 16% of the participants have higher education;

4) the field of activity or a certain place of work in almost all cases is a low-skilled, physically demanding and poorly paid job. In the main cases, about 2/3 of the total number of criminals is the working population. And only 1/3 are people who do not have permanent sources of income.

5) as a rule, the level of material security for almost all participants in the youth extremist movement is quite low.

6) Almost 90% of extremists have no family relationships.

In the last decade, the popularity of scientific research in the field of countering extremism has increased dramatically^[5]. In their works, such scientists as E. V. Salnikov, N. V. Bashkirov, N. F. Kuznetsova, A. G. Dugin and others discussed this. The particular danger of these illegal actions lies in the fact that not only certain segments of the population are under threat, but also social macro–communities - ethnicity, nation, denomination and the state. In this case, the harm caused by the commission of an extremist act is not caused to a specific individual, but to the entire community to which he belongs.

The legislative regulation of the prevention and prohibition of the organization of extremist activities needs some improvement, despite the clear and steady control carried out by law enforcement agencies. In the Code of Administrative Offences of the Russian Federation (hereinafter – the Administrative Code of the Russian Federation), there are several legal norms providing for liability for violations committed by a person in this area. Article 20.29 of the Administrative Code of the Russian Federation "Production and distribution of extremist materials" is fundamental in this legal institution. The list of extremist materials is legally enshrined in the Russian Federation, and therefore, this article has a close connection with other administrative and legal norms, for example, Article 20.3. of the Administrative Code of the Russian Federation "Propaganda or public display of Nazi paraphernalia or symbols, or attributes or symbols of extremist organizations, or other attributes or symbols, propaganda or public display which are prohibited by federal laws" and Article 13.15 of the Administrative Code "Abuse of freedom of the media". Sanctions according to these legal norms are relatively definite, indicate the maximum and minimum amount of punishment, with the exception of the last of the previously mentioned articles, the sanction for this offense is not only relatively definite, but also alternative.

Administrative responsibility has a certain peculiarity – some types of articles can be combined in the imposition of punishment. Article 20.3.3 The Administrative Code of the Russian Federation "Public actions aimed at discrediting the use of the Armed Forces of the Russian Federation ..." suggests the possibility of applying together with Articles 20.29 of the Administrative Code of the Russian Federation "Production and distribution of extremist materials ..." and 20.3 of the Administrative Code of the Russian Federation "Propaganda or public demonstration of Nazi paraphernalia or symbols ...". Article 20.3.3 It has been introduced recently, although its adoption has been brewing for several years and the situation reached its apogee after the start of a special military operation by the Armed Forces of the Russian Federation on the territory of Ukraine in order to protect the sovereignty of Russia, its citizens, as well as maintain international security^[6]. According to statistics, cases of negative attitude of citizens towards the actions of the Armed Forces of the Russian Federation have become significantly more frequent, while the forms of manifestation of such an attitude are different – participation in unauthorized rallies, single pickets, publication of materials discrediting the activities of the Russian military on social networks and other media.

Mentioning the administrative and legal mechanism for countering extremism, it should be noted that the subjects of counteraction are various public authorities, the key place among which is occupied by internal affairs bodies. Federal Law No. 3-FZ of February 7, 2011 "On the Police" imposed on the police a duty that is expressed in the prevention, detection and suppression of extremist activities of public associations, religious and other organizations, as well as citizens ^[7]. K.A. Kareeva-Popelkovskaya argues that the main method in countering extremism is the method of beliefs aimed at changing the consciousness of a particular person or group of persons, however, a method of coercion that includes the use of negative measures to influence citizens who commit offenses is a necessary method that is of key importance for law enforcement officials in preventing and suppressing offenses. Thus, it should be noted that the method of persuasion and coercion constitute a set of measures that affect people's consciousness and behavior ^[8].

 Thus, it seems conditioned by the fact that improvement is necessary not only in the legislative sphere, but also in the legal consciousness of people. Most often, extremist activities involve citizens who do not have a full understanding of their actions and their consequences, mostly minors, as well as citizens who do not represent the importance of social and moral values, who have no idea about the importance of maintaining the right level of morality in the state^[9]. Many citizens have no idea that the offense they committed is related to extremist activities. A frequent example in this phenomenon is the commission of offenses under Article 20.29 of the Administrative Code "Production and distribution of extremist materials". Article 13 of Federal Law No. 114-FZ dated 07/25/2002 "On Countering Extremist Activities", paragraph 7 of the Regulations on the Ministry of Justice of the Russian Federation approved by Decree of the President of the Russian Federation, the Ministry of Justice is entrusted with the functions of maintaining, publishing and posting on the Internet the "Federal List of Extremist Materials". Many citizens not only do not get acquainted with this list intentionally, but also generally do not know about the existence of this officially fixed list.

The formation of law-abiding behavior among citizens, the prevention of offenses in a certain area is a priority task for employees of internal affairs agencies ^[10]. The commission of illegal acts by adolescents for the most part entails the commission of violations of the norms of law by adult citizens. Secretary of the Russian Security Council N. Patrushev, at a visiting meeting in Tyumen on February 19, 2019, noted that "it is important to have a positive impact on the mass consciousness of children, raise their level of legal awareness, and instill Russian spiritual and moral values." Preventive work, including measures of a propaganda and educational nature, in order to prevent an increase in the number of offenses in the field of extremism, is one of the key activities of law enforcement officers ^[11], the main contingent of which are underage citizens – teenagers, young people. At the same time, propaganda should include: educational work, dissemination and coverage of information that allows citizens to achieve a basic level of knowledge in the field of extremist activity; provision of data of an informational and advisory nature; demonstration of examples of proper and lawful behavior.

The need for periodic educational work by employees of internal affairs agencies in educational organizations of various levels has not been questioned for many years, after a sharp jump in the commission of extremist offenses among young people was noticed. According to the official statistics of the Ministry of Internal Affairs of Russia, there are more than 140 extremist youth organizations operating on the territory of the Russian Federation, the involvement of young people is almost 15 thousand people. At the same time, extremist activity among young people is increasingly becoming organized. The "Methodological recommendations for the prevention and counteraction of extremism among young people" states that more than 80% of persons who have committed crimes of an extremist nature are people aged 14 to 29 years, while 382 informal youth associations are registered in the bodies of the Ministry of Internal Affairs of Russia, 40 of them pose the greatest public danger^[12].

The main way to disseminate extremist information discrediting the activities of the Russian military, containing materials or symbols of a Nazi nature, materials degrading the honor and dignity of certain macro– and micro-communities living on the territory of the Russian Federation, including calls for a violent change in the foundations of the constitutional system, is to publish materials on the Internet.

Based on judicial practice, after conducting a statistical study, it can be concluded that in the last year the most common crime of extremist orientation is the commission of acts provided for in Article 20.3.3 of the Administrative Code of the Russian Federation. The Decision of the Fourth Court of Cassation of General Jurisdiction rejected the complaint dated December 27, 2022 in case No. 16-7451 on changing the administrative penalty for a citizen of the Russian Federation performing actions discrediting the activities of the Armed Forces of the Russian Federation (hereinafter referred to as the Armed Forces of the Russian Federation), specifically, posting a video clip containing materials and information aimed at preventing the use of the Armed Forces of the Russian Federation, in order to protect its interests, protect citizens, and maintain peace and security. The video was available to an unlimited number of people. Earlier, the Sixth Court of Cassation rejected a complaint on changing the sanction of administrative responsibility in a similar case. These examples show that the dissemination of information discrediting the actions of the Armed Forces of the Russian Federation occurs most often through the use of the global Internet.

In our opinion, it is also important to note that, as a general rule, a ruling in an administrative offense case cannot be issued after two months (in an administrative offense case considered by a judge - after three months) from the date of the commission of an administrative offense. According to this norm, if a person who is the organizer of a public event has committed an act of extremist orientation under article 20.2. The Administrative Code of the Russian Federation, and after one hundred and eighty days has committed repeated actions containing a violation of the established procedure for organizing or holding an assembly, rally, demonstration, march or picketing, then criminal liability provided for by the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation) for repeated commission of this administrative offense (Article 212.2 of the Criminal Code of the Russian Federation) will be excluded, and the person will be subjected to administrative liability again.

According to the above, we have come to the following conclusions:

 1) Over the past 10 years, in the global information and communication space, cases of spreading public calls for extremist activities through the placement of information resources endorsing violence have become more frequent. Tracking and suppressing such acts is a difficult task: the vastness of the network space does not allow total control over the Internet. In addition, there is a shortage of specialists in this field in law enforcement agencies and a huge burden on them that prevents the suppression of such offenses.

2) At the present time, the administrative and legal counteraction to extremism needs a legislative initiative to change the statute of limitations for specific offenses in the field of countering extremism. The limitation period for specific types of extremist offenses should be increased from two months (as a general rule) and three months (in a case considered by a judge). up to the six-month mark.