Kuzmina N.V.

Purpose: to identify the defects in legislation in the field of counteracting manifestations of extremism in Russia and on this basis to develop new, more sophisticated technical and legal mechanisms in the field under research. Methods: systematic approach, methods of analysis and synthesis, comparative law method, method of studying the materials of criminal cases and judicial errors are used in the research. Results and scope of application: The study argues that the proposed definition of extremist crime does not clearly determine their nature and characteristics. It is necessary to formulate and legally secure an accurate and succinct definition of extremist crime, clearly identifying specific features of these socially dangerous acts. It also may be wise to combine such crimes in one chapter or section of Criminal Code. Proposals and conclusions can be used in the theory of criminal law, and also in law-making and law enforcement. Scientific novelty: the author is one of the first who studies the problem of legislation defect in the field of combating extremist crime comprehensively, using materials of legal practice. Contradictions between the Federal Law "On Countering Extremist Activity" and the Criminal Code are revealed. The nature and features of extremist crimes are identified.

Purpose: research is aimed at identifying weaknesses of accounting in criminal statistics of crimes committed because of political, ideological, racial, national or religious hatred or enmity or because of hatred and hostility toward a social group. Methods: study is based on the use of statistical groupings, criminological analysis of indicators of ethnic crime, legal analysis of the materials of criminal cases and judicial review. Results and Applications: Currently criminological analysis of ethnic crime may carry on lists of extremist crimes and terrorist crimes in accordance with the Annex to the instructions of the Prosecutor General of the Russian Federation and the Ministry of Internal Affairs of the Russian Federation of 11.09.2013 N 387-11/2. As a result of the study, it was found that these lists are not justified and reflect crimes of an ethnic nature. In the statistics submitted the total number of crimes of extremist or terrorist intent without establishing a structural balance of specific types of crime (trains). Other crimes forming criminological phenomenon of ethnic crime, are not getting to these lists. In many cases it is not clear the actual offence, because in practice there are great difficulties with the definition of crimes of extremist nature. As a result of the analysis of crime statistics is not clear in what turned out to be the result of investigation of crimes and the sentence handed down by the Court. Scientific novelty: the study found that the existing system of formation of criminal legal statistics on ethnic crime does not comply with scientific. For a more comprehensive and objective reflection of the crimes in the statistics offered to make some changes to the Criminal Code and change the actual order of its registration.