Legal Problems of Using ‘Extremist Motives’ in Crimes Against Life and Health
The relevance of the paper is conditioned by the varying interpretations and use of the qualifying element ‘from motives of political, ideological, racial, national or religious hatred or enmity or from hatred or enmity motives towards a social group’ in the Russian criminal law theory and law enforcement practice. The objective of the research is to develop proposals on improvement of the qualifying element and recommendations for its use in crimes against life and health according to the Russian Federation Criminal Code. The methods applied by the authors are dialectical knowledge acquisition method, comparative legal method as well as special ones: formal legal, statistical, sociological, and systemic method. The study has shown that it is rarely if ever that the content of the extremist motive of crimes against life and health is discussed. The notions of hatred and enmity are not identical categories, and they should not be used simultaneously in law enforcement practice in relation to one and the same act. Despite the fact that the content of hostility, as a rule, covers the concept of hatred, doctrinal proposals for the deletion of the last term from the structure of the qualifying element are untenable. Since the guilty person can act for the purpose of provoking enmity and not experience hateful feelings. As the structure of the ‘extremist motive’ was more complicated, further difficulties emerged, in particular, the varying interpretation of political, ideological hatred or enmity and social group. In order to resolve the outlined problems, it is suggested to exclude the notion of ‘social group’ from the qualifying element under consideration.
 Chernova, D.A. 2015. On the question of criminological characteristic of crimes of an extremist orientation in Russia. European Journal of Law and Political Sciences, 2, 34-37.
 Coppieters, B. 1996. Contested Borders in the Caucasus. Brussels: VUBPress: 205.
 Criminal Code of the Russian Federation. 1996. http://base.garant.ru/10108000/ (accessed November 18, 2017).
 Dikusar, Ya.S., and Oskoeva, S.V. 2015. Problems of qualifying a murder from the motives of national hatred and enmity (item ‘k’ part 2 article 105 of the RF CC) depending on the object of crime and the victim. Aspirant, 4(9), 151-153.
 Federal Law of the Russian Federation No. 211-FZ of July 24, 2007 ‘On the Introduction of Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Improvement of Public Administration in the Sphere of Countering Extremism’ (as amended and supplemented). http://base.garant.ru/12154849/ (accessed September 20, 2017).
 Galtung, J. 1981. Western civilization: anatomy and pathology. Alternatives: Global, Local, Political, 7, 145-169.
 Golubovskii, V.Y., Kazhkeeva, B.S., Kunts, E.V., and Rasbaeva, A.B. 2016. Historical and legal study of the national equality protection in the Russian legislation. Indian Journal of Science and Technology, 9(19). http://csu.kz/scop/%D0%9A%D0%B0%D0%B6%D0%BA%D0%BA%D0%B5%D0%B5%D0%B2%D0%B0%20%D0%91.%D0%A1.%20%D0%A1%D0%BA%D0%BE%D0%BF%D1%83%D1%812016.pdf (accessed December 20, 2017).
 Hall, N. 2005. Hate Crime. Cullompton: Willan Publishing.
 Huntington, S. 1993. The clash of civilizations. Foreign Affairs, 3, 22-49.
 Ivanov, A. 2015. Questions of qualifying a murder committed on an extremist motive (item ‘k’ part 2 article 105 of the RF CC). Criminal Law, 3, 41-45.
 Jacobs, J.B., and Potter, K. 1998. Hate Crimes. Criminal Law and Identity Politics. New York: Oxford University Press: 224.
 Kolchedantsev, A.G. 2012. A Brief Explanatory Dictionary of the Special Part of the Russian Federation Criminal Code. Chelyabinsk: Chelyabinsk State University Publishing House.
 Kunashev, A.A. 2010. Qualification of crimes against person committed from the motives of hatred or enmity combined with other motives. Bulletin of the Academy of the Russian Federation General Prosecutor Office, 2(16), 46-49.
 Kunashev, A.A. 2012. Motives of Hatred or Enmity in the Criminal Law of Russia. Moscow: Academy of the Russian Federation General Prosecutor Office: 21.
 Kuntz, Y.V., and Golubovskiy, V.Y. 2015. The legal nature of ethnic and religious conflicts. Indian Journal of Science and Technology, 8(10), 1-7.
 Mikaelyan, N.G. 2012. The topical aspects of murders from motives of political, ideological, racial, national or religious hatred or enmity or from hatred or enmity motives towards a social group. The Legal Bulletin of Dagestan State University, 4, 81-85.
 Panasenko, S.N. 2012. Criminal liability for murders committed from motives of political, ideological, racial, national or religious hatred or enmity or from hatred or enmity motives towards a social group (item ‘k’ part 2 article 105 of the RF CC). Moscow: A.S. Griboedov Institute of International Law and Economics.
 Resolution of the Plenum of the RF Supreme Court No. 11 of June 28, 2011. ‘On judicial practice in criminal cases of extremist nature crimes’. http://xn--b1azaj.xn--p1ai/2011/postanovlenie-plenuma-vs-rf/N11-ot-28.06.2011.html (accessed September 15, 2017).
 Resolution of the Plenum of the RF Supreme Court No. 45 of November 15, 2007. ‘On judicial practice in criminal cases of hooliganism and other crimes committed from molester motives’. http://www.garant.ru/products/ipo/prime/doc/12057133/ (accessed October 9, 2017).
 Rustamov, N.E. 2015. Criminal Law and criminological characteristics of murders from motives of political, ideological, racial, national or religious hatred or enmity or from hatred or enmity motives towards a social group. Moscow: People's Friendship University of Russia.
 Savelyeva, O.Yu. 2009. Liability for willful infliction of grievous bodily harm from motives of political, ideological, racial, national or religious hatred or enmity or from hatred or enmity motives towards a social group. Vector of Science of Togliatti State University, 5, 111-114.
 Solovyeva, S.V. 2014. Crimes committed on the grounds of hatred or enmity: the questions of qualification, penalization and assignment of punishment. Krasnodar: Kuban State Agrarian University.
 Trukhachev, V.V., and Akhmedov, U.N. 2015. The concept of extremizm in the criminal law of the Russian Federation. Proceedings of Voronezh State University, 2, 176-184.
 Veliev, F.Z. 2015. Motive of hatred or enmity and its criminal law significance. Moscow: O.E. Kutafin Moscow State Legal University.
 Volkov, B.S. 1982. Motives of crimes. Kazan: Kazan University Publishing House: 152.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.