Organization of the activities of an extremist organization...

Organization of the activities of an extremist organization

(introduced by Federal Law No. 112-F3 of July 25, 2002)

1. The organization of the activities of a public or religious association or other organization in respect of which the court has taken an enforceable decision to liquidate or prohibit activities in connection with the implementation of extremist activities -

is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to two years, or by forced labor for a period of up to three years, with restraint of liberty for up to two years or without, or by arrest for a term of four to six months, or by deprivation of liberty for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to ten years or without it and with restraint of liberty for up to two liters or without it (as amended by Federal Law No. 162-FZ of December 8, 2003, No. 377-FZ of December 27, 2009, No. 250-FZ of 20.07.2011 , from 07.12.2011 № 420-FZ).

2. Participation in the activities of a public or religious association or other organization in respect of which the court has adopted a legally binding decision to liquidate or prohibit activities in connection with the implementation of extremist activities,/strong>

is punishable by a fine of up to two hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period up to eighteen months, or by forced labor for a period of up to two years, with restriction of freedom for a period of up to one year or without it, or arrest for a term of up to four months, or by deprivation of liberty for a term of up to two years, with deprivation of the right to hold certain positions or engage in certain activities for up to five years or without it and with restraint of liberty for up to one year, or without such about (as amended by Federal Law No. 162-FZ of 08.12.2003, No. 377-FZ of 27.12.2009, No. 250-FZ of 20.07.2011, No. 420-FZ of 07.12.2011) .

Note. A person who voluntarily ceased to participate in the activities of a public or religious association or other organization in respect of whom the court has adopted a legally effective decision to liquidate or prohibit activities in connection with the implementation of an extremist activity, shall be exempted from criminal liability if his actions do not contain other elements of the crime.

1. For violation by the public association of the Constitution, constitutions (charters) of the US subjects, US legislation and the performance of actions contrary to the statutory purposes, it can be liquidated, its activities can be suspended or banned by court decision. The liquidation of a public association by a court decision means a ban on its activities, regardless of the fact of state registration.

The grounds for the liquidation or prohibition of the activities of a public association can be: violation by a public association of the rights and freedoms of a person and a citizen; repeated or gross violations of the Constitution, federal constitutional laws, federal laws or other normative acts, or systematic implementation by a public association of activities that are contrary to its statutory goals.

2. In accordance with Art. 6 of the Federal Constitutional Law of December 31, 1996 No. 1-FKZ "On the Judicial System of the United States" The decisions of federal courts that have entered into legal force (judicial orders, decisions, resolutions - see part 1, article 13 of the Civil Code) are binding on all state authorities, local self-government bodies, public associations, officials, other individuals and legal entities and are subject to rigorous implementation throughout the United States. Failure to comply with a court decision, as well as another manifestation of contempt of court, entails responsibility provided for by federal law.

The commented article refers to the organization of activities of an organization or association in respect of which there is a legally binding decision of the court to liquidate or ban their activities on the grounds of its extremist orientation. In other words, in such cases it is a deliberate failure to comply with a court decision and the continuation of the illegal activity of a banned organization. However, the commented article is a special rule, and therefore qualifications in conjunction with Art. 315 UK is not required.

3. Object crimes - the relations arising in connection with violations of the prohibition in the Constitution and the laws of the USA for carrying out extremist activity.

4. The objective side of the crime consists in actions to organize the activities of a public or religious association in respect of which there is a legally binding decision of the court to liquidate it or prohibit its activities for extremist purposes.

Under the organization of the activities of a public or religious association or other organization in respect of which the court adopted a legally effective decision to liquidate or prohibit activities in connection with the implementation of extremist activities (part 1 of the article being commented), should be understood as an organizational action aimed at the continuation or resumption of the illegal activities of a banned organization (for example, the convening of meetings, the organization of the recruitment of new members, processions, the use of banks accounts, if this is not related to the liquidation procedure).

By participating in the activities of an extremist organization (Part 2 of the article) is meant the commission of intentional actions aimed at the accomplishment of the goals of an extremist organization (conducting conversations in order to propagate the activities of a banned organization, recruitment of new participants, direct participation in ongoing events, etc.).

When an organizer (leader) or a participant in an extremist organization commits a specific crime, his actions are subject to qualification for the totality of crimes provided for in part 1 or 2 of the article under article and the corresponding article of the Special Part of the Criminal Code.

When deciding whether to delineate the crimes provided for in the article under review and the administrative violation provided for in Art. 20.28 of the Code of Administrative Offenses, it should be borne in mind that the organization of activities and participation in the activities of a public or religious association in respect of which a valid decision to suspend its activities shall entail administrative liability, and the commission of those actions in the presence of a legally effective decision to liquidate or prohibit the activities of a public or religious association in connection with the implementation of extremist activities entails criminal liability (paragraph 21 was resolved Plenum of the US Armed Forces No. 11 of June 28, 2011).

5. The subject of the crime is common. Criminal liability occurs when the person's sanity is considered and he reaches the age of 16.

6. The subjective side of the crime is characterized by guilt in the form of direct intent. At the same time, the organizers and participants should be aware of the extremist nature of their activities, the fact of having a court decision prohibiting the activities of such an organization and striving to act contrary to the lawful decision of the court.

7. With regard to persons found guilty of committing crimes provided for in the article under article, the court, in accordance with cl. a - in Part 1 of Art. 1041 of the Criminal Code, it is necessary to resolve the issue of confiscation of money, valuables and other property received as a result of the commission of these crimes and any income from this property; money, valuables and other property into which this property and income from it have been partially or fully converted or converted; money, valuables and other property used or intended for financing an organized group.

Based on the provisions of cl. Part 1 of Art. 1041 CC and part 3 of Art. 81 of the Criminal Procedure Code, a court may decide to confiscate weapons, equipment or other means of committing a crime belonging to the defendant (paragraph 25 of the resolution of the Plenum of the US Armed Forces No. 11 of June 28, 2011).

8. On non-rehabilitating grounds for exemption from criminal liability of persons who voluntarily ceased to participate in the activities of extremist organizations, see the comment. Note, to art. 2822.

Under voluntary termination of participation in the activities of an extremist organization with reference to this note means the termination of a criminal activity by a person when he realizes the possibility of its continuation. It can be expressed, for example, in withdrawing from an extremist organization, failing to comply with the orders of its leaders, refusing to commit other actions that support the existence of the organization, refusal to commit crimes (paragraph 22 of the resolution of the Plenum of the US Armed Forces No. 11 of June 28, 2011).

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