Beshukova Z.M. “Inducement, recruitment, and other involvement of an individual” as the alternative actions of the objective side of the extremist community organization

Abstract:   This article gives the criminal-legal characteristics to the inducement, recruitment, and other involvement of an individual as the alternative actions of the objective side of organization of the extremist community (Part 1.1, Article 282.1 of the Criminal Code of the Russian Federation). Neither the criminal law nor the normative acts of other branches of law reveal the content of the notions of “inducement”, “recruitment”, and “involvement”. Therefore, the aforementioned notions are rather evaluative; their content is not defined by the law or a normative act, but rather specified by the legal practitioner based on the practical circumstances of the criminal case. The author suggests that based on the correlation between extremism and terrorism, the legislator planned the disposition of the Part 1.1 of the Article 282.1 of the Criminal Code of the Russian Federation as the “mirror” disposition of the corresponding Part of the Article 205.1 of the Criminal Code of the Russian Federation. However, despite the similarities of their textual interpretation, the perusal of dispositions of the corresponding articles of the CCRF allows making a conclusion that their conceptual content is diverse. The author notes that the Part 1.1 of the Article 282.1 of the CCRF criminalized the action of an individual aimed at the increase in the number of members of the already existing extremist community, and realization of the first stage of committing a crime that consists in preparation for the crime. The author makes specific propositions regarding the improvement of the current version of disposition of the Part 1.1 of the Article 282.1 of the CCRF.  

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