Art. 280 of the Criminal Code with comments. Art. 280 of the Criminal Code: "Public calls for the implementation of extremist activities"

Extremist manifestations - this is a problem in the relevance of which today there is no doubt. State bodies take measures against them, which, nevertheless, prove to be insufficiently effective. The consequences of extremism are felt by many countries. Russia is no exception. Therefore, even the call for such activities is strictly punishable by law, which is prescribed in Art. 180 of the Criminal Code.

Extremism at the turn of the century

At the end of the past and the beginning of this century, this antisocial phenomenon has acquired a dangerous international character. The world was shocked by the event on the eleventh of September, when the towers of the World Trade Center were destroyed in New York. As a result of the terrorist attack, more than two million people died.

The beginning of the XXI century for Russia was marked by a series of horrendous terrorist acts. The tragedy in Beslan, the seizure of hostages in Budyonnovsk, the explosions in Moscow are all events that resulted not only from illegal, but also not responding to any human and humane concepts of activity.

What does the word "extremism" mean?

In Art. 280 is said about the punishment for calling for extremist activity. But what does this concept mean? Extremist theory is based on the development of any views and ideas. At the same time, it is a whole direction within the framework of a political order that seeks to change something in society. The very term "extremism" means "critical", "extreme". But the currents that introduce any ideas among the population do not aspire to power. They are connected with dictatorship.

In practice, extremism is an active and immediate, and therefore extremely aggressive, methods of establishing a new order in the state. This dangerous phenomenon can take various forms - from a small publication on the Internet to the establishment of a dictatorial regime in the country. What is fraught with the latter is known world and domestic history. Therefore, every modern state, and Russia is not an exception, seeks to stop the emergence of extremism in the bud, which is what Art. 280 of the Criminal Code.

The threat to the constitutional order

Extremism violates the security and integrity of any state. Such activities undermine the basic moral standards, the notion of equality and entail embitterment and general panic among the population. The division of people on ideological, national and religious grounds is aggravated. To counteract these phenomena, it became an indispensable condition for the formation of a new legal form. The concept of extremism was introduced in the Federal Law in 2002. The punishment for such activities is spelled out in art. 280, 282 of the Criminal Code of the Russian Federation.

Any actions that are aimed at inciting ethnic hatred, as well as humiliation of a person on racial, sexual and religious grounds, must be punished, which manifests itself either in the form of a fine or in the form of imprisonment. With regard to the call for extremist activity, it is spelled out in art. 280 of the Criminal Code. Comments on this criminal article are available below.

What does this activity include?

In accordance with the Federal Law, extremism includes:

• Violation of the constitutional order;
• Seizure of power;
• Undermining public security;
• The incitement of racial, religious or national strife;
• Organization of mass riots.

According to Art. 280 of the Criminal Code, public propaganda of Nazi symbols and financing of such activities are prohibited.

Distribution on the Internet

The law prohibits a public appeal for this activity. In part 2 of Art. 280 of the Criminal Code states that the propaganda of extremism, carried out with the help of the mass media, is punished with imprisonment for up to three years. The very concept of "publicity" means an open and accessible form for a large number of people. The arithmetic approach to valuation is not applied. That is, if the site owner places calls on extremist activity on his web pages, the number of visitors to this resource does not play a role. Only the nature of the information is important.

Calls

In part 1 of Art. 280 of the Criminal Code says that the minimum penalty for the propagation of illegal ideas is one hundred thousand rubles. In the article, these actions are called calls for extremist activity. What does this concept mean?

A call is a kind of impact on the will, consciousness and behavior of people. Its form can be different: oral, written, using various technical means (microphone, loudspeaker). A qualified type of this crime is provided for in Part 2 of Art. 280 of the Criminal Code.

A classic example of the call to extremism in history is the public appearances of Adolf Hitler. This man had an extraordinary ability to influence the consciousness of the crowd. His gift, which entailed a monstrous number of victims across Europe, was studied by foreign and Russian researchers. The consequences of his activities became the most vivid proof of the danger of extremist slogans.

Motives

What motivates a person to commit a crime, prescribed in Art. 280 of the Criminal Code? Among the motives can be both revenge and self-interest. As a rule, political, national and religious ideas serve only as an excuse for carrying out extremist actions.

Types of extremism

This activity, as already mentioned, is diverse in its manifestations. Extremism can also be qualified in the following areas:

• Economic;
• Political;
• Nationalistic;
• Religious;
• Ecological;
• Spiritual.

The political variety of this phenomenon is most dangerous. This distinguishes between "left" and "right" extremism. For the first, the adoption of revolutionary ideas of anarchism is typical. "Right" extremists prefer to criticize modern society and show a high degree of coordination and organization.

Establishment of the fact of crime

Those persons who carry out public appeals for extremism are brought to criminal responsibility. Punishment for inducing a particular person to commit a crime is not provided for in Article 280. The incitement to rioting and hooliganism, which does not carry political, ideological or national coloring, is also not an appeal to extremist activity.

December 20, 2013 in the Federal Law were amended. In Art. 280 ^{1 of the} Criminal Code states that a fine or imprisonment punishable public calls that violate the integrity of Russia.

Arbitrage practice

Most of the cases in court, examined on the basis of Article 280, are connected with the creation of thematic communities in social networks. Communication on the web has become an integral part of the life of modern people. And if earlier conversations of a political nature, as well as anti-Semitic and nationalist disputes, were taken at home, in the kitchen, today the Network users who do not have the necessary knowledge of the Criminal Code prefer to express their views publicly. The Internet has become a powerful carrier of information, which not always and not at all has a positive impact.

As a rule, young people are accused of such cases. So, in 2010, one of the Tyumen courts heard the case of the crime envisaged in Article 280. The accused was a student from the Caucasus. As a result of a clash between fans of the football team and a group of natives of Makhachkala, there was a fight. Subsequently, one of the participants published a call to commit violent acts against persons of Slavic nationality. The guilt of the accused was proven. The punishment was imprisonment for one year.

A similar case was also considered in Kaliningrad. A resident of this city on one of the Internet portals left comments containing an appeal for the destruction of persons of Caucasian nationality. The Kaliningrad citizen signed under his own statement a fictitious name. For law enforcement agencies to calculate it was not difficult. Many Web users for some reason are in the delusion that using a nickname can provide absolute anonymity. Nickname is, of course, good, but there is also an IP address ...

Over the past year, an impressive number of cases have been considered in court on the basis of an article on the call for extremism. As a rule, citizens aged 18 to 25 years were punished. In some cases, the proof of guilt was graphic images with small signatures posted on the social network.

Extremism, being an acute problem of the present, in a few years has become one of the most painful issues in Russian society. Its constituent elements are xenophobia, fascism, nationalism. The spectrum of this activity is extremely wide. The consequences of extremist manifestations can be limited by psychological and economic damage, but often lead to the loss of life of specific people.

Sharing people on national, religious and other grounds is an action devoid of morality. It is very difficult for citizens to instill it. Therefore, the slightest manifestations and seemingly insignificant public statements of this nature are subject to criminal liability.