Kursk, Russian Federation
Kursk, Russian Federation
Kursk, Russian Federation
UDK 34 Право. Юридические науки
Federal Law No. 292-FZ adopted on July 1, 2021, amended Article 284.1 of the Criminal Code of the Russian Federation. The procedure expanded the term of active complicity in that part of the Criminal Code that is aimed at early prevention of crimes that may affect the constitutional foundations and security of Russian society, e.g. development of destructive tendencies among the population under the influence of foreign organizations. The research objective is was to determine the limits of liability for 1) participation in the activities of a foreign or international organization recognized as "undesirable" on the territory of Russia (Part 1 of Article 284.1 of the Criminal Code of the Russian Federation); 2) complicity by financing such an organization (Part 2); 3) organizing the activities of such an organization on the territory of Russia (Part 3). The authors defined a set of criteria for distinguishing "undesirable" international or foreign religious organizations from those recognized in Russia as extremist. The article introduces the authors’ vision of the three forms of active complicity. The authors explain the technical and legal flaws in Article 284.1 of the Criminal Code of the Russian Federation and propose their own variant.
undesirable organization, extremist organization, performer, instigator, accomplice, organizer
1. Sergun E. P. Implementing activities on the territory of the Russian Federation "undesirable" foreign or international non-governmental organizations (Article 284.1 of the Criminal Code of the Russian Federation). Bulletin of the Russian Law Academy, 2017, (3): 33-38. (In Russ.)
2. Artemenko I. K. Organizations acting as foreign agents and "undesirable organizations": comparative analysis. Actual problems of modern law and politics: Proc. All-Russian Student Sci. Conf., Ryazan, 28 Apr 2016. Ryazan: Kontseptsiia, 2016, iss. 17, 89-92. (In Russ.)
3. Knyazkina A. K. Criminal-legal assessment of the activities of undesirable organizations. Criminal law: development strategy in the XXI century: Proc. XIII Intern. Sci.-Prac. Conf., Moscow, 28-29 Jan 2016. Moscow: Prospekt, 2016, 425-427. (In Russ.)
4. Khutornaia E. S., Sevastyanova O. V. Ways to neutralize the undesirable influence of informal leaders in the organization. Modern technologies of personnel management, ed. Reznikova O. S. Simferopol: Aeterna, 2016, 357-360. (In Russ.)
5. Obukhova T. V. Counteraction to the implementation of a foreign or international non-governmental organization's activity in the territory of the Russian Federation in respect of which it was decided to recognize its activity as undesirable in the territory of the Russian Federation. Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2019, (1): 121-127. (In Russ.)
6. Khlebushkin A. G. Implementation of the activities of the organization in respect of which a decision was made to recognize the activities of the organization that are unacceptable on the territory of the Russian Federation: questions of qualification and improvement of legislation. Bulletin of St. Petersburg University of the Ministry of Internal Affairs of Russia, 2018, (4): 114-119. (In Russ.)
7. Vasiliev D. V. Improving the criminal legislation of Russia regarding "undesirable organizations". Technical and forensic support for the disclosure and investigation of crimes: Proc. Intern. Sci.-Prac. Conf., Volgograd, 30 Oct 2015. Volgograd: IP Golovchenko E. A., 2015, 31-34. (In Russ.)
8. Knyazkina A. K. Implementation of undesirable organizations' activities on the territory of the Russian Federation: criminal law analysis. Modern problems of criminal policy: Proc. VI Intern. Sci.-Prac. Conf., Krasnodar, 25 Sep 2015. Krasnodar: Krasnodarskii universitet MVD Rossii, 2015, vol. II, 95-98. (In Russ.)
9. Dvoretsky M. Yu. The genesis of criminal liability for carrying out activities on the territory of the Russian Federation of a foreign or international non-governmental organization in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation. Management and society: development of human capital in the region: Proc. XV All-Russian Sci.-Prac. Conf., Tambov, 25 Nov 2020. Tambov: IP Chesnokova, 2021, 260-263. (In Russ.)
10. Kulev A. G. Carrying out activities on the territory of the Russian Federation of a foreign or international non-governmental organization in respect of which a decision was made to recognize its activities as undesirable on the territory of the Russian Federation: criminal legal aspects of the regulation of the composition. Criminal law: development strategy in the XXI century: Proc. XIII Intern. Sci.-Prac. Conf., Moscow, 28-29 Jan 2016. Moscow: Prospekt, 2016, 428-431. (In Russ.)
11. Tsyganov V. V., Bochkareva Yu. G. Adaptive mechanisms public security under information aggression. Informatsionnye voiny, 2013, (2): 77-85. (In Russ.)
12. Goshaev I. M. Undesirable activities of non-governmental organization. Administrative prejudice is as a ground of criminal responsibility. Problemy pravoohranitel'noj deyatel'nosti, 2017, (2): 139-143. (In Russ.)
13. Kozaev N. Sh., Ryasov D. A. Criminal-legal policy of Russia in the sphere of restriction of undesirable activities of foreign or international non-governmental organizations. Philosophy of Law, 2019, (4): 85-91. (In Russ.)
14. Alenkin I. V. Constitutional law and political influence of the state on public associations: the carrot and stick methods. Konstitutsionnoe i munitsipalnoe pravo, 2018, (3): 26-31. (In Russ.)
15. Vlasenko V. V. Criminal liability for activities performed in the territory of the Russian Federation by a foreign or international NGO which activities were decided to be undesirable in the territory of the Russian Federation (Article 2841 of the Criminal Code of the Russian Federation). Ugolovnoe pravo, 2016, (2): 23-27. (In Russ.)
16. Gimazova Yu. V. Results of civil sector regulation in Russia: a view of human rights defenders. Srednerusskii vestnik obshchestvennykh nauk, 2019, 14(5): 35-51. (In Russ.) https://doi.org/10.22394/2071-2367-2019-14-5-35-51
