A Study of Extremism as a Complex Inter-Branch Concept

Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 A STUDY OF EXTREMISM AS A COMPLEX INTER-BRANCH CONCEPT Victor Yu. Melnikov1, Marina A. Cherkasova2, Andrei V. Seregin3, Diana A. Stepanenko4 Rostov Institute (branch) VGUYUA (RPA of the Ministry of Justice of Russia), Russian Federation 2 State University of Management, Russia 3 Department of Theory and History of State and Law, Southern Federal University, Russian Federation 4 Doctor of Law, Professor, East-Siberian branch of Russian State University of Justice, Russia global@ores.su 1 th th th Article History: Received on 25 April 2019, Revised on 20 June 2019, Published on 4 July 2019 Abstract Purpose: The aim of the study is to investigate extremism as a complex inter-branch concept which complicates law enforcement practice. Methodology: This is an analytic-dialectical research whose data are obtained through the analysis of historical, legal and sociological texts and data. Main Findings: When defining extremism in the basic law of anti-extremist legislation, it is necessary to proceed from the fact that the phenomenon, the concept of which should be formulated, is manifested in different spheres of social and political life. In conclusion, extremism creates an ideological basis for terrorism, but the acts of terrorism go beyond the concept of extremism. Applications: This article can be used by regional schools, cultural organizations and universities. Novelty/Originality: In this study, correlation between the phenomena of terrorism and extremism has been studied on the basis of definition for terrorist act given in part 1 of article 205 of the criminal code of the Russian Federation. Keywords: Countermeasure, Extremist Activities, Efficiency. INTRODUCTION Till date, the note 2 of article 282.1 of the criminal code states: crimes of extremist orientation… shall mean crimes committed on the grounds of political, ideological, racial, national or religious hatred or enmity or on the grounds of hatred or enmity against any social group, provided for by the relevant articles of the special part of this code and the paragraph e of part one of article 63 of this code. Accordingly, in the above paragraph e of part 1 of article 63, the criminal code establishes such an aggravating circumstance as the commission of crime on grounds of political, ideological, racial, national or religious hatred or enmity or on grounds of hatred or enmity against a social group. However, extremist activity and crimes of extremist orientation are correlated as general and private. Accordingly, it is necessary to derive the wording of the second from the first, and not vice versa. It is necessary to pay attention to two points: a) the ratio of the concepts of extremism and extremist crimes; b) the ratio of the concepts of extremism and terrorism. According to Sergun (2009), extremism is a commitment to a certain system of views and ideas based on intolerance to the fundamental principles of the constitutional system of the Russian Federation and the democratic rights and freedoms of man and citizen protected by the state, characterized by an internal readiness for activities aimed at the implementation of such views in criminal ways. Extremism presupposes the presence of two structural elements: extremist ideology and specific orientation of the individual. Chleboski offers to treat extremism as an illegal activity, which causes or may cause substantial harm to the foundations of the constitutional system or the constitutional bases of interpersonal relationships. In foreign literature, most scientists consider extremism as a kind of terrorism. In order to study the correlation between the phenomena of terrorism and extremism, the basic definition for a terrorist act given in part 1 of article 205 of the criminal code of the Russian Federation is important: the commission of an explosion, arson or other actions that intimidate the population and create the danger of human death, causing significant property damage or the occurrence of other serious consequences, in order to destabilize the activities of the authorities or international organizations or influence their decision-making, as well as the threat of such actions for the same purposes. It should also be noted that the crimes covered by the concept of terrorism are included in Chapter 24, Crimes against public security, and the crimes covered by the concept of extremism – in Chapter 29, Crimes against the foundations of the constitutional system and state security of the criminal code. This once again emphasizes that extremism is associated with terrorism – active behavioral actions that cause harm and (or) create a threat to public 72 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 security – not always, there are manifestations of extremism aimed at harming other constitutional values, such as the territorial integrity of Russia, national peace and harmony, and others. LITERATURE REVIEW The phenomenon of extremism, due to its complexity and wide dimensions, can be examined and evaluated using various political, social, economic and cultural approaches. But, regardless of its widespread scope, what is important is the concern about the development of such a disadvantage that affects all of the individual and social layers in various societies. But if we want to answer the reason for this ancient phenomenon becoming a social movement as the main question of this research, it is necessary to provide theoretical concepts and frameworks for understanding the relation between these two phenomena in terms of structure and function and in the context of social institutions, and explain. Because social institutions always have their own core of function and structure, and when the life of these institutions is disturbed, and the possibility and severity of trade-offs are eliminated, they create the cause for social deviation. This deviation also acts in practice, or causes reactionary and conservative movements of society, or becomes the cause of rapid and hasty moves, and with extremism, makes society more distorted. In this way, fundamental changes in structures and the impact of extremist and violent behavior on social relationships will lead to anomalies and disruptions in society. In fact, the changes and orientations of societies will be achieved when a group imposes its will on the whole society. The mechanism of this imposition is nothing but excessive force. Thus, immunity from extremism in the first stage requires the identification and explanation of the phenomenon of extremism in terms of its social and psychological factors (Glebushkin, 2007). To this end, the spread of the phenomenon of extremism in its general sense, in collective and individual life and its new and identical approaches in different societies and dispersion and its effects on human life, as well as its enjoyment of the components of power and politics in the era of globalization, has led to extremism, which is generally an individual, factional and group phenomenon, in the midst of history, to become a social movement capable of generating a state from within itself, as Germany's humiliation in World War I brought about the emergence of a national social flow (Nazism) in Germany, and subsequently led to the emergence of the Hitler government. The deep changes that have challenged the world order and international order in the international system have transformed the national and global situation with a kind of complex networks and organizations into a structural crisis. This structural crisis that began in the 1970s affected all the cultural and ideological trends as well as access to biological resources and environmental and global conditions (Javad et al., 2019). "Extremism" is essentially a matter of lightness rather than content. "Therefore, based on the definition of extremism in this research, a person is not considered to be extremist until he has expressed extreme behavior, and the existence of mental conditions regarding the viewpoint a person has about his identity. It is worth noting that in addition to considering the style and method of discussing extremism, we should not neglect its content as well. Those who want to adopt an extremist style are, in most cases, advocate ideals and ideologies that are essentially at "marginal" positions on the political continuum. But the extreme style is, in general, another issue, in as much as such a style seriously prevents us from understanding the important issues and damaging our ability to make smart and informed choices. Perhaps a more prevalent definition of "extremism" is that extremism is one of the perspectives we strongly oppose, defending them from someone who is not our favorite and whose interests are in conflict with our interests. In fact, the main cause of extremism is more than their intolerable area, not their own. As far as extremists are concerned, it is not extremism itself, but that it is not the power of tolerance for others. The main drawbacks are not what they say about themselves, but about what they say about their opponents (Salimi et al., 2019). Extremism in the form of organizations and movements such as al-Qaeda, the Taliban and ISIS in most of the Middle East countries, while benefiting from the characteristics of social movements, undermined the ability of the state-nations and reduced the political authority of governments and threatened the stability of the international system. In fact, the crystallization of extremism and violence in the form of a social movement has, on the one hand, made the path of political discourse and dialogue between civilizations uneven to the political elites, and on the other hand, due to the need for transnational and international action and the utilization of the components of globalization, differed from traditional and new social movements. This process has enabled movements that use extreme and violent approaches, as well as confronting ethnic and religious identities, with the social relationships of people. The destruction and decolonization of mosques, holy shrines, calves, ancient tombs and ancient temples and creeks, which symbolizes the rich cultural heritage of the region, illustrate the long-term goals of violent extremist groups in the Middle East (Kodekova et al., 2018). 73 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 A historic look at the social movements in the Muslim world, such as the jihadist movements in Algeria, Tunisia, Sudan, Egypt, Pakistan, Indonesia, Malaysia and the Wahhabi fundamentalist movement, makes it clear that extremism and violence are the products of historical action and in response to Social events to defend the accepted norms and notions of self-acceptance. Therefore, one can identify the identity and identity crisis, as well as the efforts of radical groups to change the identity of their states through the influence of their respective notions and norms. On the other hand, consolidating or developing a new identity was found to be the main cause for the emergence and expansion of ISIS, as well as terrorism in the Middle East (Martins et al., 2018). METHODOLOGY This is an analytic-dialectical research whose data are obtained through the analysis of historical, legal and sociological texts and data. RESULTS AND DISCUSSION The Federal law of the Russian Federation on combating extremist activity refers to extremist activity, among other things, as the public justification of terrorism and other terrorist activities, then immediately raises questions about the differentiation of such crimes as public calls for terrorist activities or public justification of terrorism (Art. 205.2. The criminal code-included in Chapter 24) and public calls for extremist activity (article 280 – included in Chapter 29). That is, if a person, for example, using the Internet will call on other Internet users to justify, praise someone else who committed a specific act of terror (explosion in the subway, for example), the actions of this person can be qualified as extremism under the article 205.2, and article 280 of the criminal code. There is no longer a healthy competition of norms, but a legislative defect-a hidden conflict that requires a speedy law-making resolution in order to avoid law enforcement errors. Scientific literature outside the criminal law context offers a wide range of approaches for understanding the phenomenon of extremism. However, the definitions proposed by scientists, reflecting the informal theoretical vision of the problem, are not always suitable for the formulation of the official doctrine and, finally, the legal definition. Some authors identify as the dominant subjective moment and believe that extremism is an ideology that provides for the forced dissemination of its principles, demonstrating a commitment to extreme views, hatred towards the carriers of other worldviews (political views, religions) or other races, ethnic groups, intolerance of opponents and their violent suppression. Others focus on the objective side, describing the nature of socially harmful acts committed by extremists. The informational aspect of extremism is becoming increasingly important. Aggressive ideology is actively mastering the Internet space. It is necessary to formulate the concept of extremism, which point not only to the extremist activity itself (often leading to terror, to hate actions), but also calls for it. There are grounds to formulate a legal definition and include it in the law on countering extremist activity. At the same time, the list existing in this law should not be exhaustive, providing for the law-making possibility of its adjustment in accordance with the changing social and legal situation, the needs of law enforcement practice, with the development and mimicry of the phenomenon itself, as well as the change of public and official assessments and reactions to it. It seems that within this list in its current version, based on the sign of the basic ideology and goals of extremists, it is possible to distinguish four groups, covering the main manifestations of extremism: - Acts that link the phenomena of extremism and terrorism expressed in the first two paragraphs of the list. These are manifestations of political extremism and from the point of view of definition of extremism, they are the most difficult for the reasons considered by us above; - There are two other manifestations of political extremism on the list, which are less intense and socially dangerous than the previous two. These are: a) obstruction of citizens exercise of their electoral rights and the right to participate in a referendum or violation of the secrecy of voting, coupled with violence or the threat of its use; b) obstruction of the legitimate activities of state bodies, local authorities, election commissions, public and religious associations or other organizations, coupled with violence or the threat of its use. It seems that these acts are not reasonably included in the concept of extremism. Their Commission is covered by specific offences or, depending on the degree of public harm, administrative offences. This is article 5.14., 5.69. Administrative code and article 141 of the criminal code, article 17.2., 17.2.1., 17.2.2., 17.3., 17.8., 19.3., 19.4., 19.4.1., 19.4.2., 19.35. Administrative code ist. 144, 277, 296, 317, 318, 333 criminal code. 74 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 It is not the relevant behavioral acts themselves that can be qualified as extremism, but calls for their commission, justification of those already committed, organization and creation of conditions for their commission, including financing, creation of appropriate communities, management of organizations, etc. - The greatest number of items in the list are manifestations of extremism related to social, racial, national or religious hatred and intolerance, manifestations of Nazism and the like. Among other things, extremism includes ordinary crimes if they are committed on the grounds of political, ideological, racial, national or religious hatred or enmity or on the grounds of hatred or enmity against any social group (paragraph e of part 1 of article 63 of the criminal code). Including crimes, degree of public danger considerably surpassing ideological and information forms of extremist activity. This circumstance (not the fact that extremist motives are included in the list of aggravating circumstances, but the fact that a variety of crimes committed on these grounds are included in the General concept of extremist activity) further erodes the understanding of extremism. Not added clarity and legal Novella from May 2014 – introduction to part 1 of article 63 criminal code of the Russian Federation of new point R: Commission of crime for the purpose of promotion, justification and support of terrorism; - One more manifestation of extremism in the list is described as follows: public obviously false charge of the person substituting the public position of the Russian Federation or the public position of the subject of the Russian Federation in Commission by it during the execution of the official duties of the acts specified in this article and which crime are. That is, in this case, extremism is declared a false accusation of extremism, but not of any person, but only high-ranking officials of the state apparatus. It appears that this article of the law requires further careful study in terms of its legal content, fairness and appropriateness. Four of these groups are not all of the items on the reporting list. The remaining manifestations, although described in its separate paragraphs, but may in fact belong to any of the above four groups, are distinguished without taking into account the basic ideology and goals of the extremists, represent possible ways or forms of Commission – the organization and preparation of various acts from the four previous groups, incitement, financing, public calls for the implementation of these acts, the production, storage and mass distribution of extremist materials, and the like. In the list, when describing the acts covered by the concept of extremism, their subjective and objective features are combined. When defining extremism in the basic law of anti-extremist legislation, it is necessary to proceed from the fact that the phenomenon, the concept of which should be formulated, is manifested in different spheres of social and political life. Accordingly, this concept will be used in different branches of law as a conceptual and categorical basis for the construction of the mechanism of legal regulation (in our case-the mechanism of organizational and legal counteraction to extremism). In particular, it is necessary for criminal law, criminal executive law, administrative law, electoral law (both in terms of requirements for registered candidates, and in terms of the organization of pre-election campaigning and electoral procedures), municipal law (in terms of such a local issue as participation in the prevention of extremism, as well as in minimizing and eliminating the consequences of extremism in the territory of the municipality), civil law, for legislation that creates a legal basis for the functioning of civil society institutions, as well as the legal basis for meetings, rallies, demonstrations, marches and picketing, for educational legislation, for legislation on minors, for the formation of a mechanism of special administrative and legal regimes, etc. In the formulation of the basic concept of extremism, it is advisable to avoid statements such as extremist organization – this is the one in respect of which the court decided to eliminate or ban activities in connection with the implementation of extremist activities, since this concept is created, on the contrary, it is for the court to have a reliable legal basis for assessing the acts (activities) of an individual or organization, clear criteria for classifying or not classifying them as extremist. In the existing scientific definitions of extremism, for example, there is a little suitable for the official definition of the characteristic extremism is extreme views, connecting the word extreme metaphor and very complex, not suitable for the purposes of legal qualification evaluation category. CONCLUSION The complex cross-sectoral concept of extremism should reflect the following essential characteristics of the phenomenon under consideration: 75 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 1. Extremism from the objective side is an act in the active form of action, or a set of interrelated acts (activity). In this regard, we should agree with the authors of the current version of the Law, using the concepts of extremist activity and extremism as synonyms. There is no reason to qualify as extremism the views, beliefs, and the thoughts of an individual, if they were not implemented in any way, publicly proclaimed, or distributed, if this person did not take action to attract supporters or form a corps of sympathizers of extremist ideas. At the same time, public demonstration and dissemination of extremist views and ideology, agitation and propaganda, informing the population about the upcoming public extremist actions and similar actions are the most common form of extremist activity. Therefore, the most important task of law enforcement practice in this area is to identify, summarize and describe all known manifestations, as far as possible a clear indication – at what point the dissemination of information, communication of like-minded people on the Internet, coverage of events or announcement of the upcoming, acquires signs of extremism. Many of the concepts that need to be used to qualify the activities as extremism are evaluative in nature. Therefore, important in this case is the legal position of the constitutional court of the Russian Federation, set out in one of its definitions. Its essence boils down to the fact that the obligation of the legislator to formulate legal regulations with a sufficient degree of accuracy, allowing the citizen to conform to their behavior – both prohibited and permitted, does not exclude the use of evaluative or generally accepted concepts (categories), the meaning of which should be available for perception and understandable to the subjects of the relevant legal relations either directly from the content of a specific normative provision or from the system of regulations that are in obvious interrelation, or by identifying a more complex relationship of legal requirements, including by means of explanations given by the courts on their application. Accordingly, applying the provisions of paragraphs 1 and 3 of article 1 Federal law on combating extremist activity, the courts must proceed from the fact that the mandatory feature of the specified type of extremism-extremist materials – is a clear or veiled contradiction of the relevant actions (documents) to the constitutional prohibitions of incitement of hatred and enmity, incitement of discord and propaganda of social, racial, national, religious or linguistic superiority, the presence of which must be determined taking into account all the significant circumstances of each particular case (the form and content of activities or information, their recipients and target orientation, socio-political context, the presence of a real threat) including appeals to illegal encroachments on constitutionally protected values, or the justification of their commission, etc. It seems that in the end, this should be the subject of official interpretation within one of the decisions of the Plenum of the Supreme Court of the Russian Federation. At the same time, such explanations should not become an obstacle to a reasonable law enforcement discretion, guided by the official doctrine of countering extremism (Glare, 1982). 2. Extremism is illegal and socially harmful acts directed against the foundations of the constitutional system of the Russian Federation, state institutions and (or) institutions of civil society, against security in all its manifestations and law and order, preventing the achievement of civil unity, inter-ethnic and inter-confessional peace and harmony, contributing to the emergence or exacerbation of inter-ethnic and inter-confessional conflicts, violating the rights and freedoms of the individual, including those proclaimed in the article 19 of the Constitution of the Russian Federation equality, or impeding the performance of personal duties, public debt, infringing on the legitimate interests of individuals or legal entities, and public organizations (Glebushkin, 2007; Javad et al., 2019; Salimi et al., 2019). 3. Extremism is an activity based on extremist ideology. This ideology, regardless of the sphere of application (political, nationalist, religious, social, sports and fanatic, up to household) is characterized by categorical judgments, denial of the possibility of dialogue and coordination of interests, radicalism, rejection of tolerance and secularism, imposing their point of view, the search for the enemy and easy declaration of opponents as enemies, and intolerance to other views. Most importantly, the recognition of extraordinary measures, violence as the main, if not the only means for resolving problems and conflicts. Extremist ideology serves as the foundation, the basis for uniting the members of extremist groups, the basis for the formation of goals and directions of their activities. In addition, the ideology of extremism is a means for involving new members in extremist activities, especially young people (18-30 years), and youth extremism is one of the most pressing social and political problems in the conditions of Russian reality. Extremist ideology includes in various combinations the following components: a) Justification and justification of the violent overthrow of the existing state power, violent change of the constitutional system; b) Justification and justification of acts of violence and threats against public authorities, representatives (employees) of public authorities, judicial and law enforcement systems, in order to prevent their lawful activities, destabilize, intimidate, force them to illegal actions or provoke such actions, renunciation of power, disruption of elections; c) Justification and justification of 76 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 violent actions and threats against citizens supporting the existing political regime, leading a law-abiding way of life, as well as against legitimately operating public organizations, other institutions of civil society, legal entities, representatives of the business community, the scientific community, labor and other collectives, for the purpose of political and social destabilization, injection of an atmosphere of fear and distrust of the government; d) justification and justification of violent actions and threats against foreign citizens and legal entities, international organizations, their representatives, diplomatic workers of foreign States, including for the purpose of destabilization of inter-state relations; e) justification of the need to violate the territorial integrity of the Russian Federation, the idea of separatism, disintegration of the state, forced separation and separation of parts of the territory of the state; f) the idea of inferiority and the need for discriminatory violence against members of certain political forces, social groups, races, Nations, ethnic groups, the need for genocide, individual and mass repressions, deportations and other similar actions against them; g) the idea of inferiority and the need for discriminatory violence against members of certain (or all other) religions, the need for genocide, individual and mass repressions, deportations and other similar actions against them; h) the idea of racial or national purity and exclusivity, the need to achieve domination over other higher race (nation), the ideology of fascism, racial discrimination, nationalism, xenophobia and anti-Semitism; i) the idea of the need to achieve domination over other religion, violent methods of its distribution, the displacement (destruction) of all wrong religions and their representatives (believers); and j) explanation of the economic, social and criminal problems of migration processes existing in the regions of Russia and in some municipalities (capture of the best places in the labor market, displacement of local residents by migrants and their family members, violation of local traditions, ethnic crime) and, accordingly, justification of the need for discrimination, violent acts against migrants, and acts of civil disobedience. It is advisable to introduce a new article on extremist ideology into the structure of the Federal law on countering extremist activity and in the legislative reference to it in the definition of extremism. At the same time, this article, fixing the list of components of extremist ideology, should be based on the official doctrine formulated in the relevant strategic planning document. Currently, the strategy of countering extremism in the Russian Federation until 2025 contains the following definitions, which can be taken as a basis for further work on the doctrine: ideology of extremism – extremist ideology - a system of views and ideas representing violent and other illegal actions as the main means of resolving social, racial, national, religious and political conflicts, radicalism – a deep commitment to the ideology of extremism, contributing to the commission of actions aimed at violent change of the constitutional system and violation of the integrity of the Russian Federation (Mendoza & Mendoza, 2018). 4. Extremism is an action (activity) based on extremist ideology: a) purposefully forming an ideological basis in the public space: either for terrorism, including justifying acts of terror; or for the commission of crimes aimed at preventing the normal activities of public authorities, elements of the law enforcement system and institutions of civil society; or for the Commission of crimes aimed at the violation of the territorial integrity of the Russian Federation, the implementation of the ideas of separatism, disintegration of the state, forced separation and separation of parts of the territory of the state; or for the commission of crimes related to social, racial, national or religious hatred and intolerance, to incite hatred and enmity, humiliation of human dignity in connection with racial, ethnic, other social or religious affiliation; b) creating conditions, organizational opportunities for the commission of the abovementioned crimes in the future. 5. The most common acts forming extremist activity (methods and forms of extremism) include: public justification of terrorism and calls for support of terrorist activities and terrorists; public calls for the implementation of any activity based on extremist ideology, including the implementation of actions aimed at violating the territorial integrity of the Russian Federation; propaganda of exclusiveness, superiority or inferiority of a person on the basis of his / her social, racial, national, religious or linguistic affiliation or attitude to religion and other actions aimed at inciting hatred or enmity, as well as the humiliation of the dignity of a person or a group of persons on the grounds of sex, race, nationality, language, origin, attitude to religion, as; creation and (or) management of an extremist community, participation in it, inducement, recruitment or other involvement of a person in the activities of an extremist community; organization and participation in the activities of an extremist public or religious association or other similar organization; production and distribution of extremist materials, production, sale or propaganda, or public demonstration of Nazi attributes or symbols, or attributes or symbols of extremist organizations. Extremism includes the above-mentioned actions carried out, inter alia, through the use of mass media or electronic or information and telecommunication networks, including the Internet, agitation and calls for such conduct by others, as well as the financing of extremist activities (Suleri & Cavagnaro, 2016; Eisvandi et al., 2015). 77 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 Actual extremism should be distinguished from the ordinary crimes committed with extremist motives, in particular, crimes against the person, qualified under paragraph l of part 2 of article 105, paragraph e of part 2 of article 111, paragraph e of part 2 of article 112, paragraph b of part 2 of article 115, article 116, paragraph h of part 2 of article 117 of the criminal code of the Russian Federation, and others. These acts are subject to qualification under the relevant articles of the criminal code, but calls for the commission of such acts, the rationale for the usefulness and necessity of their commission, as well as the creation of a community specifically for the commission of such crimes, to create conditions conducive to their commission, taking leadership of them (its part or structural units) or participation in it – this is actually extremism. From a legal point of view, the extremist community is a preparation for the commission of crimes of an extremist nature by means of a conspiracy, justifiably asserts Klimenko (2017) Although in connection with the existence of the concept of extremist community, many authors no less reasonably point to the terminological duality, which resulted in an unresolved problem of the relationship of this concept with the category of criminal community. The notion of an extremist organization is no less critical of specialists in the field of criminal law. Terrorism should be distinguished from extremism and we will use the definition proposed by the author to characterize it (Deryugin, 2001). Terrorism is a social and legal phenomenon, expressed in the commission or threat of committing socially dangerous acts aimed at intimidating the population or individual social groups, for the purpose of direct or indirect impact on the adoption of any decision or rejection of it by the state, society or citizen in the interests of terrorists or third parties (2001: 15). Extremism creates an ideological basis for terrorism, but the acts of terrorism go beyond the concept of extremism. They are the essence of terrorism itself. From the legal definition of the concept of extremism, it is advisable to exclude those characteristics and signs that form a broad, political, historical, cultural and moral and ethical interpretation of it, and leave the part of the characteristics and signs of this extremely complex phenomenon, which will allow: 1) clearly build the legislation of the legal part of the mechanism of counteraction, including the system of responsibility for extremism; 2) clearly build a power-organizational, institutional part of the mechanism to counter extremism and terrorism; 3) ensure law enforcement practice, the need for a legal qualification of an activity, materials as extremist, including in terms of their separation from terrorism, hooliganism and vandalism, unlawful acts against the person, other unlawful acts against constitutional rights and freedoms, public order and security, state and municipal administration (Kodekova et al., 2018; Chahine, 2018; Martins et al., 2018). In view of the above, in conclusion, we propose the following draft definition of extremism to discuss the possibility of including its elements in the Federal law on countering extremist activity. Extremism (extremist activity) is based on extremist ideology, the elements of which are listed in the article. ... of this law, deliberate actions infringing on the social and legal values fixed in the Constitution of the Russian Federation, directed against the foundations of the constitutional system, state institutions and (or) institutions of civil society, security and law and order, impeding the achievement of civil unity, inter-ethnic and inter-religious peace and harmony, contributing to the emergence or exacerbation of social conflicts, violating the rights and freedoms of the individual, or impeding the performance of his duties and public duty, encroaching on the legitimate interests of individuals or legal entities, public organizations, purposefully forming the ideological basis in the public space: – For terrorism; – For the commission of crimes aimed at preventing the normal activities of public authorities, elements of the law enforcement system and civil society institutions; – For the commission of crimes aimed at the violation of territorial integrity of the Russian Federation, disintegration of the state, forced separation and separation of parts of the territory of the state; – To commit crimes related to social, racial, national or religious hatred and intolerance, to incite hatred and enmity, to humiliate human dignity in connection with racial, ethnic, other social or religious affiliation, as well as creating conditions, organizational opportunities for the commission of the above-mentioned crimes in the future, as well as aimed at involving citizens in extremist activities. It is advisable to give a list of the most characteristic actions committed within the framework of extremist activity: justification, agitation, propaganda, production and distribution of materials, carrying out activities, creation and management of the extremist community, participation in it, inducement, recruitment, financing, etc. to form a list based not on the basic ideology and objectives of extremists, but on purely objective features – this should be a description of 78 |www.hssr.in © Melnikov et al. Humanities & Social Sciences Reviews eISSN: 2395-6518, Vol 7, No 4, 2019, pp 72-79 https://doi.org/10.18510/hssr.2019.7411 typical ways and forms of committing extremist actions. The quality of anti–extremist legislation directly affects its effectiveness, and ultimately the effectiveness of countering extremism (Haggai, 2012; Shang, 2014; Avazzadeh, 2015). ACKNOWLEDGEMENT The authors confirm that the data do not contain any conflict of interest. REFERENCES Avazzadeh, E. 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