Russian Federation
UDK 343.28/.29 Различные вопросы, относящиеся к наказаниям
The article presents the author’s vision of one of the most pressing problems of modern criminal law and criminology – the conditionality of criminal legal counteraction to crimes with signs of extremist activity while ensuring the foundations of the constitutional system and the security of the state. The content of the concepts of «conditionality» and «counteraction» is revealed. It is noted that the eternity and social variability of crime are signs that are the basis for creating the entire springboard of criminal law response, including promising, in the field of countering criminal forms of behavior burdened with the motive of hatred or enmity. The terminological tools formed in the doctrine are presented, revealing the content of the conditionality of countering crime, through such categories as: «social conditionality», «socio-legal conditionality», «socio-legal conditionality». It is proved that any format of conditionality of countering crime is aimed at establishing legally significant circumstances proving the public danger of an act, which constitute the basis for making a state-governmental decision to establish a particular criminal law prohibition. Within the framework of the conducted research, it is proposed to use a broader, collective concept – «conditionality of criminal legal counteraction to crimes with signs of extremist activity that encroach on the foundations of the constitutional system and the security of the state», its content is disclosed..
crimes with signs of extremist activity, criminal law counteraction, the foundations of the constitutional system, state security, social conditionality, legal conditionality
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