Article 282.1. Organization of an extremist community

The Constitution of the Russian Federation gives us the right to equality.

Regardless of their religious beliefs, social status, nationality, gender, age, skin color and political views, every person has the same freedoms and rights guaranteed by the state. This is one of the main principles of the Constitution.

Any attempt on these freedoms or any attempts to incite conflicts based on them are called extremism in our country (Article 282 of the Criminal Code of the Russian Federation).

This is a criminal offense of medium gravity, undermining the foundations of order in the country and the minds of its citizens.

What is extremism?

Extremism, to put it briefly and clearly, is inciting hatred and enmity, as well as humiliating the dignity of another person.

Such extremely intolerant actions must take place against the background of the following differences:

• Sexual;
• Racial;
• National;
• Language;
• Issues of origin;
• Belonging to social groups;
• Religious.

Article 282 of the Criminal Code of the Russian Federation assumes that this act was committed in a public manner . That is, insults or attempts to incite hostility occur through the media or via the Internet.

In order for a crime to be recognized as extremism, the illegal statement must be addressed to an indefinite number of people.

Legal regulation of extremism

Calls to extremism and, in particular, calls to violence are regulated not only by Article 282 of the Criminal Code of the Russian Federation. In the code itself, issues of extremism are reflected further in Art. 282.1, Art. 282.2 and Art. 282.3.

They consider the following aspects:

• 282.1 – Organization of an extremist community;
• 282.2 – Organization of the activities of an extremist organization;
• 282.3 – Financing of extremism.

In addition, in our country in 2002, a special Federal Law No. 114 “On combating extremist activities” was created.

The Law on Combating Extremism established the definition of a large number of concepts in the field of extremism and paid attention to issues of prevention and active counteraction to such activities. The law stipulates, among other things, the powers of the department for combating extremism.

GUPE MIA

The full name of the department for combating extremism is the Main Directorate for Combating Extremism or Center E. This body acquired this name in 2011 on the basis of a Decree of the President of the country, which was amended in the Federal Law.

Center E is an independent structural unit within the apparatus of the Ministry of Internal Affairs of the Russian Federation.

Center E carries out the following set of functions:

• Participates in the formation of state policy regarding extremism;
• Participation in changes in legal regulation in this area;
• Organization of preventive measures to suppress extremist activities;
• Exposing extremist groups and bringing their participants to justice.

For regional and local units of police departments on countering extremism, Center E prepares special methodological recommendations.

Commentary on Article 282.2 of the Criminal Code of the Russian Federation

1. The social danger of a crime lies in undermining the foundations of the constitutional order, ensuring the integrity and security of the state, the idea of ​​equality of people, regardless of their social, ideological, political, racial, national or religious affiliation.

2. The commented article consists of two parts and a note. Parts 1 and 2 reveal the main alternative elements of crimes containing socially dangerous acts of medium and low gravity, respectively. The note to the article provides for the possibility of exemption from the disqualification of a person who voluntarily ceased participation in the activities of a public or religious association or other organization in respect of which the court made a decision on liquidation or prohibition of activities that has entered into legal force in connection with the implementation of extremist activities. For more details, see paragraph 10 of the comment. to Art. 75, paragraph 2 comment. to Art. 205.1.

3. The main object of the criminal attack is the inviolability of the foundations of the constitutional system of Russia, the security of the state. Additional objects are the interests of justice, as well as the rights and freedoms of citizens guaranteed by the Constitution.

4. The objective side of the crime is expressed in the form of action: a) organizing the activities of a public or religious association or other organization in respect of which the court made a decision to liquidate or prohibit activities that have entered into legal force in connection with the implementation of extremist activities (Part 1); b) participation in the activities of the specified association or organization (Part 2).

5. For the moment when a court decision comes into force, see Article 209 of the Code of Civil Procedure of the Russian Federation.

6. Among other organizations, one can consider other non-profit or commercial entities, organizations within the structure of government and management bodies.

7. In accordance with Art. 1 of the Federal Law “On Combating Extremist Activities”, a public or religious association or other organization in respect of which the court made a final decision to liquidate or prohibit activities in connection with the implementation of extremist activities, received the status of extremist organizations.

8. A court decision on the liquidation of a public or religious association or other organization, as well as the prohibition of the activities of a public or religious association that is not a legal entity, for carrying out extremist activities may be initiated by a statement of the Prosecutor General of the Russian Federation or a corresponding prosecutor subordinate to him, a federal executive body in the field of justice or its corresponding territorial body or federal executive body in the field of press, television and radio broadcasting and mass communications (when the media disseminate extremist materials, carry out extremist activities). Until the court considers this application, the activities of a public or religious association may be suspended by a court decision, as well as the sale by the media of a certain issue of a periodical, the circulation of an audio or video recording of a program, or the release of a corresponding television, radio or video program (see Articles 9 - 11 Federal Law “On Combating Extremist Activities”).

9. The elements of the crime described in the commentary. article, have a formal legislative structure. The crime is completed (by elements) at the moment of commission of at least one of the comments noted in paragraph 4. to the article of action regardless of the occurrence of a material socially dangerous consequence.

10. Organization of activities should be understood as the conscious, strong-willed, active behavior of the guilty person, aimed at planning the activities of an extremist organization, developing schemes for the implementation of these plans, and creating and strengthening the personnel and material and technical base of this organization.

11. Extremist activities (extremism) include: a) the activities of public or religious associations, or other organizations, or the media, or individuals in planning, organizing, preparing and committing actions aimed at forcibly changing the foundations of the constitutional system and violating the integrity of the Russian Federation ; undermining Russia's security; seizure or appropriation of power; creation of illegal armed groups; carrying out terrorist activities; inciting racial, national or religious hatred, as well as social hatred associated with violence or calls for violence; humiliation of national dignity; carrying out mass riots, hooliganism and acts of vandalism based on ideological, political, racial, national or religious hatred or enmity, as well as based on hatred or enmity against any social group; propaganda of exclusivity, superiority or inferiority of citizens based on their attitude to religion, social, racial, national, religious or linguistic affiliation, etc.; b) propaganda and public display of Nazi paraphernalia or symbols or paraphernalia or symbols that are confusingly similar to Nazi ones; c) public calls for the implementation of the specified activities, as well as public calls and speeches encouraging the implementation of the specified activities, justifying or justifying the commission of the acts noted in paragraph 11 of the comments. to Article; d) financing of the specified activities or other assistance in planning, organizing, preparing and performing the specified actions, including by providing financial resources, real estate, educational, printing and material and technical base, telephone, fax and other types of communication for the implementation of these activities, information services, other material and technical means (Article 1 of the Federal Law “On Combating Extremist Activities”).

12. Participation in the activities of an extremist organization presupposes the conscious, volitional, active behavior of a person aimed at physical, property or intellectual assistance to this organization and the activities it conducts. Such assistance may be expressed, for example, in the preparation or distribution of extremist materials.

12.1. Extremist materials include documents or information on other media intended for publication, calling for the implementation of extremist activities or substantiating or justifying the need for such activities, including the works of the leaders of the National Socialist Workers' Party of Germany, the Fascist Party of Italy, publications substantiating or justifying national and (or) racial superiority or justifying the practice of committing military or other crimes aimed at the complete or partial destruction of any ethnic, social, racial, national or religious group (Article 1 of the Federal Law “On Combating Extremist Activities”).

12.2. Information materials are recognized as extremist only by a court and sent to the federal executive body in the field of justice to form a federal list of extremist materials, which is subject to periodic publication in the media (see Article 13 of the Federal Law “On Combating Extremist Activities”).

13. The subjective side of the crime is characterized by guilt in the form of intent, and direct intent. In other words, the person is aware that he is organizing the activities of an extremist organization contrary to a court decision or participating in its activities, and wants to do just that.

14. The general subject of a criminal offense is a sane individual who has reached the age of 16 at the time of the commission of the crime. This could also be an official who contributes to the activities of an extremist organization, in particular by showing his participation in it and not taking measures to suppress extremist activities in accordance with his competence.

14.1. According to Art. 15 of the Federal Law “On Combating Extremist Activities”, a person who has participated in extremist activities may be restricted by a court decision from access to state or municipal service, military service under contract or service in law enforcement agencies, as well as to work in educational institutions or private detective (security) ) activities.

Corpus delicti

Art. 282 of the Criminal Code of the Russian Federation, as well as the following articles related to extremism, are designed to preserve the security of public relations and guarantee respect and recognition of the dignity of every person.

The corpus delicti under Art. 282 of the Criminal Code of the Russian Federation is formed from the following elements:

• The object in this case is social relations in the sphere of equality. Any calls for humiliation or discrimination will be recognized as a manifestation of extremism.
• The objective side of a criminal act involves active calls through various means: papers, pictures or other objects to actively counteract certain groups of persons or individual citizens. Such calls are made in a public form, without having an exact addressee, thereby wanting to attract a large audience into their circles.
• Only a sane person who has reached the age of 16 can be held criminally liable under this article.
• The subjective side assumes direct intent on the part of the criminals. Their actions are carried out with the clear purpose of promoting active terrorist activities and conflicts of interest.

Crime under Art. 282 of the Criminal Code of the Russian Federation is considered completed from the moment of committing at least one act of inciting hostility and hatred or humiliating a person’s dignity.

Criticism of religious, political or other organizations in itself should not be recognized as extremist activity. Likewise, the statement of social conflicts in history or science does not apply to extremism.

When extremism leads to unrest, armed conflict and terrorist attacks, it will be considered in conjunction with other types of crimes.

In Russia, a list of extremist materials, the use of which is a crime, has long been recognized and publicly published.

But the distribution of such materials can be recognized not only as a criminal offense, but also, in accordance with the Code of Administrative Offenses of the Russian Federation, as an administrative offense.