On the issue of options for the modernization of legislation pertaining to extremist activity and terrorism in the legal field of Russia

Mirzazyanov R.H.

Abstract

The article is devoted to the legal counteraction to extremism and terrorism taking Russia as an example and considering the modernization of the relevant legislation. We are faced with a regulatory and legal conflict, since, in essence, there is no clear distinction between terrorism and extremism. Meanwhile, practice shows the difference between actions (purposeful-rational) in terrorism and actions (value-rational) in extremism. Terrorism and extremism are «united» by the impact on state power, where in the first case it is supposed to eliminate the very state basis of its existence. In general goal-setting, extremism presupposes the destabilization and weakening of the state and leads to its death from the point of view of territorial integrity. In our opinion, the «specifics» of terrorism and extremism should be taken into account for a more adequate understanding of these phenomena and the specification of legal mechanisms for countering them in the Russian Federation. Terrorism and terrorist activity is essentially a political phenomenon that implies a certain goal-oriented rationality for mastering or significantly influencing power using exclusively violent methods. Extremism initially has no purpose, since it is a valuerational demonstrative behavior, reflected in a particular radical (usually violent) protest of varying degrees of intensity. Thus, the «activity» component is not initially present in extremism, and it is perhaps too early to interpret it as an activity. However, this situation is typically «resolved» when extremism is transformed into its purposeful state, acquiring the features of political activity that can occur autonomously or merge with its other type – terrorism. In the latter case, the statement that «terrorism is an extreme form of extremism, but is not identical to it», looks quite fair.

Keywords

countering extremism and terrorism; the legal field of Russia; international law; modernization of legislation.

DOI: 10.31249/rsm/2022.03.14

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