Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Review Article: 2021 Vol: 24 Issue: 1

Criminal Counterfeiting the Spread of Religious Extremism among Youth in Kazakhstan

Aigul M. Kalguzhinova, Karaganda University

Botagoz A. Amanzholova, Karaganda University

Aigul T. Zhumasheva, Karaganda University

Karina Е. Adylkan, Karaganda University

Keywords

Anti-Extremist Criminal Legislation of Kazakhstan, Extremist Crimes, Extremist Organizations, Forms of Extremism, Religious Extremism among Young People, Counteraction to Radicalization, Recruitment, Mobilization of Youth in Extremist Groups, As Well As the Spread of Extremist Ideology

Abstract

The article is devoted to the analysis of the anti-extremist criminal legislation of the Republic of Kazakhstan. The authors examined the regulation of extremist crimes under the Criminal Codes of the RSFSR of 1922, 1926, the Criminal Code of the Kazakh SSR in 1959, and the Criminal Codes of the Republic of Kazakhstan in 1997 and 2014. The current state of domestic criminal law is characterized by an increase in the criminal potential in the fight against extremism, which is a reaction to the complication of this form of crime. The object of the study is the effectiveness of countering extremist crime based on the analysis of official statistics for the period 2008-2019. Moreover, the analysis of time series for 2008-2014 and 2015-2019 was carried out separately, because different criminal laws were in force during these periods (Criminal Code of 1997 and Criminal Code of 2014), and different methodologies for recording indicators were also used. Extremist organizations marked; a list of religious literature and information materials recognized as extremist and prohibited from importation, publication and distribution on the territory of the Republic of Kazakhstan. It is concluded that it is difficult to single out criminal law norms from the legislative list of extremist crimes that stipulate responsibility for manifestations of religious extremism. The normative defines three main forms of manifestation of extremism: political, national and religious. Meanwhile, at the practical level, the listed forms of extremism are separated rather weakly, since they never really appear in a «pure» form. Extremism among adolescents and young people is characterized by fanaticism, unquestioning execution of all orders, low professionalism and the absence of a long experience in extremist activity. The most promising and practically significant is the prevention of the activities of international terrorist and extremist groups that contribute to the radicalization, recruitment, mobilization of youth into terrorist and extremist groups, as well as the further spread of extremist ideology.

Introduction

Anti-extremist criminal legislation of the Republic of Kazakhstan has a short history. In the legislation of the Soviet period, including the Criminal Codes of the RSFSR of 1922 and 1926, the Criminal Code of the Kazakh SSR of 1959, such terms as «extremism» and «crimes of extremism» were not used. The introduction of these notions is associated with the official negative attitude of the ruling circles of the USSR to left-wing terrorist organizations, as well as the need to designate the most radical right-wing paramilitary units.

An important place in the system of legal means of preventing and combating extremism and terrorism, as crimes threatening the national security of a sovereign state, is assigned to the Criminal Code of the Republic of Kazakhstan.

In the original version of the first domestic criminal law (the Criminal Code of the Republic of Kazakhstan, 1997), the liability for certain manifestations of extremism and terrorism was fixed. An independent group of crimes containing signs of extremism was highlighted in a note to Article 41 of the Criminal Code as amended by the Law of the Republic of Kazakhstan dated July 8, 2005. In following years, this list has expanded. The current Criminal Code of the Republic of Kazakhstan also provides for liability for the crimes of extremism.

At the same time, issues of combating religious extremism among young people have become especially urgent for modern Kazakhstan. The complexity of assessing the state of the considered crime is due to several circumstances: the lack of an accurate definition of conceptual boundaries, the high latency of an extremism crime, and the victim logical defeat of the young population of the country, possible and real social consequences. The main features of the modern youth extremism are: rapidly developing organization, close interconnection of ideas and goals, sense of belonging within groups, the formation of ideological charters in these groups, a variety of methods for achieving goals, using the latest information technologies, social networks, enhancing conspiracy measures.

All of the above mentioned makes it necessary to consider criminal liability for manifestations of religious extremism among young people in Kazakhstan.

Legal Framework for Countering Extremism in the Republic of Kazakhstan

The system of legislative acts defining the legal and organizational foundations of countering extremisь activity consists of the Constitution of the Republic of Kazakhstan of 1995, the Laws of the Republic of Kazakhstan «On Countering Terrorism» of July 13, 1999, and «On the Media» of July 23, 1999, «On Countering Extremism» of February 18, 2005, «On the National Security of the Republic of Kazakhstan» of January 6, 2012.

The following prohibitions on possible manifestations of extremism and intolerance are introduced at the constitutional level:

• Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, undermining the security of the state, inciting social, racial, national, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited» (Clause 3 of Article 5 of the Constitution of the Republic of Kazakhstan),

• Propaganda of or agitation for the forcible change of the constitutional system, violation of the integrity of the Republic, undermining of state security, and advocating war, social, racial, national, religious, class and clannish superiority as well as the cult of cruelty and violence shall not be allowed» (Clause 3 of Article 20 of the Constitution of the Republic of Kazakhstan),

• Any actions capable of upsetting interethnic concord shall be deemed unconstitutional» (Clause 2 of Article 39 of the Constitution of the Republic of Kazakhstan).

In accordance with Clause 1, Article 1 of the Law «On Countering Extremism», «extremism is organizing and (or) committing:

- By an individual and (or) legal entity, an association of individuals and (or) legal entities acting on behalf of organizations recognized as extremist in the established manner;

- By an individual and (or) legal entity, an association of individuals and (or) legal entities of actions pursuing the following extremist goals:

- violent changes in the constitutional system, violation of the sovereignty of the Republic of Kazakhstan, the integrity, inviolability and inalienability of its territory, undermining national security and defense of the state, violent seizure of power or forced retention of power, the creation, leadership and participation in illegal paramilitary groups, the organization of armed rebellion and participation in it, stirring of social, class hatred (political extremism);

- stirring of racial, national and tribal hatred, including those related to violence or calls for violence (national extremism);

- stirring of religious hatred or hatred, including those related to violence or calls for violence, as well as the use of any religious practice that threatens the security, life, health, morality or rights and freedoms of citizens (religious extremism)».

As correctly noted Biyebayeva, Zhaksybekova, the normative definition of extremism is a complicated legal construction, reflecting the complexity and multidimensionality of this phenomenon. Therefore, the Kazakhstan legislator defines extremism as an activity pursuing certain destructive goals (Biyebayeva & Zhaksybekova, 2014).

By the Decree of the Government of the Republic of Kazakhstan dated March 15, 2018, the State Program for Combating Religious Extremism and Terrorism in the Republic of Kazakhstan for the period of 2018-2022 was approved. The indicated directions and activities of the Program are aimed at creating, maintaining and developing the necessary and sufficient conditions for the formation in society of a stable rejection of radical views in the religious sphere, reducing the number of radical people and neutralizing the factors that contribute to their appearance, preventing terrorist threats and raising the level of anti-terrorism protection of the population.

The History of the Legal Regulation of Criminal Liability for Crimes Containing Signs of Extremism in the Criminal Code of the Republic of Kazakhstan of 1997

The first Criminal Code of sovereign Kazakhstan was adopted on July 16, 1997, and entered into force on January 1, 1998. Adoption of a fundamentally new criminal law was demanded by life, by recognition of the need for a radical change in the legal doctrine in the conditions of the formation of the new social relations based on principles of market economy and democracy.

Taking into account the increased public danger of extremist crimes, the Law of the Republic of Kazakhstan of July 8, 2005 «On Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on National Security Issues», the note to Article 41 of the Criminal Code was supplemented with paragraph 2, which listed «crimes, containing signs of extremism». In the initial list, this group included offenses under Art. 164, 168-171, 233-3, 236, including 2 and 3 of article 337, article 337-1 of the Criminal Code.

The Law of the Republic of Kazakhstan of November 29, 2011 «On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Combating Organized Crime, Terrorist and Extremist Activities» the list of crimes containing signs of extremism was supplemented by acts provided in Articles. 233-1, 233-4 of the Criminal Code. New varieties of organized forms of participation were introduced - a transnational organized group and a transnational criminal community (transnational criminal organization).

In the system of crimes established by the legislator containing signs of extremism, it was possible to distinguish, to a certain extent, the following groups structured by the features of the immediate object and the proximity of the construction of the objective side of the elements of crimes:

- Extremist crimes that infringe on the peace and security of mankind (the composition of inciting social, national, tribal, racial or religious hostility);

- Extremist crimes that infringe on the foundations of the constitutional order (components of Forced seizure of power or forcible retention of power or exercise by representatives of a foreign state or a foreign organization of powers falling within the competence of authorized bodies and officials of the Republic of Kazakhstan; Armed rebellion; Calls for the violent overthrow or amendment of the constitutional system or violation of the unity of the territory of the Republic of Kazakhstan; Sabotage);

- Extremist crimes that infringe on public security (components of Propaganda of terrorism or extremism or public calls to commit an act of terrorism or extremism; Financing of terrorist or extremist activities and other aiding of terrorism or extremism; Recruiting or training or arming people to organize terrorist or extremist activities; Organization of illegal paramilitary units);

- Extremist crimes that infringe on the ruling order (components of Creation or participation in the activities of illegal public and other associations; Organization of the activity of a public or religious association or other organization after a court decision to ban their activities or liquidate due to their extremism activity).

The adoption of the first Criminal Code of sovereign Kazakhstan did not mean that the reform of the criminal law reached its climax. The new stages in the development of the national law are related to the adoption of such programmatic documents as the Concept of the Legal Policy of September 20, 2002 and of August 21, 2009.

The concepts provide further improvement of the criminal law, since the formation and further development of the criminal law – is a non-instantaneous act, in addition, it must comply with a specific system of requirements and practical needs.

Thus, the Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020, approved by the Decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858, provides as priority directions «strengthening of criminal liability for ... criminal, extremist crimes, as part of an organized criminal group or criminal community», conducting work for preventing and combating « ... the spread of terrorism, ethnic and religious extremism ...».

A brief historical analysis of the development of criminal law allows us to conclude that there is consistency and stability in criminal policy when establishing liability for crimes containing signs of extremism.

The dynamism of the criminal law regulation of the norms on liability for crimes containing signs of extremism was largely due to the need to bring domestic criminal legislation in line with modern realities of the organization of resistance to extremism (Kalguzhinova & Ualiyeva, 2019).

Liability for Extremist Crimes under the Criminal Code of the Republic of Kazakhstan 2014

A fundamentally new stage in countering the manifestations of extremism is associated with the adoption of the new Criminal Code of the Republic of Kazakhstan on July 3, 2014. The essence of these changes is as follows:

1) An independent structural and compositional element that contains the interpretation of certain terms has been singled out - Article 3 of the Criminal Code of the Republic of Kazakhstan «Clarification of certain notions contained in the criminal code».

1. Legal clarification of the used terms is important for ensuring the equal application of the criminal law. Therewith, Article 3 of the Criminal Code of the Republic of Kazakhstan, gives interpretation of:

• Terms i.e. single words or phrases that have an exact meaning (extremist group, organized group);

• Evaluation concepts with exemplary evaluation criteria (grave consequences);

• Comprehensive definitions (criminal group; terrorist, extremist crimes).

• According to Clause 39 of Article 3 of the Criminal Code of the Republic of Kazakhstan, acts provided in Articles 174, 179, 180, 181, 182, 184, 258, 259, 260, 267, 404 (second and third parts) and 405 of the Criminal Code of the Republic of Kazakhstan are classified as extremist crimes.

2) According to Article 10 of the Criminal Code of the Republic of Kazakhstan, a two-link system of criminal offenses was introduced, consisting of crimes and misdemeanor offenses. The criteria for differentiation of criminal offenses are the degree of public danger and punishability.

i. Considered socially dangerous acts in the criminal law are defined as «crimes», due to that they can be characterized as committing socially dangerous acts (acts or omissions), prohibited by the criminal code under the threat of punishment in the form of a fine, correctional labor, involvement in public work, restriction of liberty, imprisonment or the death penalty.

ii. Moreover, only Chapter 4 of the Criminal Code of the Republic of Kazakhstan is called «Crimes against the Peace and Security of Humanity», all other chapters provide responsibility for committing criminal offenses.

3) All organized forms of participation are united in the general term - a «criminal group». The current criminal law does not use the term «forms of implication»: Article 31 of the Criminal Code of the Republic of Kazakhstan is called «Criminal liability for criminal offenses committed by the group».

iii. According to Part 3 of Article 31 of the Criminal Code of the Republic of Kazakhstan, a crime is recognized as a committed by a criminal group, if it is committed by: an organized group, a criminal organization, a criminal community, a transnational organized group, a transnational criminal community, a terrorist group, an extremist group, a gang, a paramilitary unit.

iv. At the same time, the extremist group and the terrorist group are distinguished as subtypes of the organized group depending on the nature of the crimes they commit. An extremist group is an organized group aimed at the commission of one or several extremist crimes (Clause 40, Article 3 of the Criminal Code of the Republic of Kazakhstan). A terrorist group is an organized group aimed at the commission of one or several terrorist crimes (clause 31 of article 3 of the Criminal Code of the Republic of Kazakhstan).

v. Comparison of the Сlause 30 and the Сlause 39 of the Article 3 of the Criminal Code of the Republic of Kazakhstan shows that the list of terrorist and extremist crimes partially coincides. This is explained by the fact that terrorism is an extreme manifestation of extremism.

4) The classification of extremist crimes by generic object is preserved: infringing on the peace and security of a mankind; infringing on the foundations of the constitutional system; infringing on public safety; infringing on the ruling order.

vi. At the same time, an increase in the number of crimes classified as extremist should be noted due to the criminalization of the composition of the separatist activity and the inclusion of the composition of the following crimes to the list of extremist crimes: Establishment, leadership of the extremist group or participation in its activities; taking terrorist or extremist training.

5) The article-by-article analysis of signs of extremist crimes (according to the Criminal Code of the Republic of Kazakhstan of 2014) in comparison with the signs of crimes containing signs of extremism (according to the Criminal Code of the Republic of 1997) is also characterized by:

• Partial criminalization (stirring of class hatred - part 1 of Article 174 of the Criminal Code); expansion of the goal (armed rebellion - part 1 of Article 181 of the Criminal Code); the introduction of qualifying features (part 2 of Article 179 of the Criminal Code, part 2 of Article 181 of the Criminal Code, part 2 of Article 288 of the Criminal Code);

• Toughening of punishment (parts 1–3 of Article 174 of the Criminal Code, part 3 of Article 189 of the Criminal Code, part 2 of Article 181 of the Criminal Code, Article 184 of the Criminal Code, part 1-2 of Article 259 of the Criminal Code).

We also consider it necessary to note that on December 8, 2017, the Supreme Court of the Republic of Kazakhstan adopted the Regulatory Resolution «On some issues of judicial practice on the application of legislation on terrorist and extremist crimes».

In general, the increased attention of the legislator to the issues of the legal regulation of extremist crimes is due to the fact that the fight against organized forms of criminal activity in our country was carried out for a long time by the inadequate criminal-law instruments, without taking into account the specifics of this kind of criminal activity (Kalguzhinova & Ozbekov, 2017).

The Current State of Extremist Crime in Kazakhstan

To determine the current state of countering extremism, we studied the statistical reports of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan for the period 2008-2019.

Whereby, the analysis of statistic series for 2008-2014 and 2015-2019 was carried out separately, because different criminal laws were in force during these periods (Criminal Code of 1997 & Criminal Code of 2014), and different methodologies for recording indicators were used.

According to the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan, during the period from 2008 to 2010 the number of crimes containing signs of extremism decreased, and in subsequent years increased. Information on registered crimes for the specified period is shown in Figure 1.

Figure 1: Dynamics of Recorded Crimes Containing Signs of Extremism on Kazakhstan for 2008-2014

This circumstance corresponds to the general crime growth trend. However, it should be noted that a significant increase in the number of recorded crimes is first of all explained by a change in the principles of accounting for crimes and toughening the accounting and registration discipline in the criminal prosecution authority.

At the same time, the structure of extremist crime remained almost unchanged:

- Stirring of social, national, tribal, racial or religious hatred (in different years, the proportion of this crime was 35,4% - 66,7%),

- Propaganda of terrorism or extremism or public calls for an act of terrorism or extremism (ranging from 4,9% to 31,3%),

- Organization of the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them in connection with their extremism (ranging from 6.5% to 29.5%).

As one can see, the largest number of crimes containing signs of extremism was recorded in 2014 - 107 crimes. Taking in account this circumstance, we calculated the percentage of crimes containing signs of extremism for the specified period (Figure 2).

Figure 2: The Structure of Extremist Crime on Kazakhstan on 2014

The proportion of crimes containing signs of extremism in 2014 amounted to:

- Stirring of social, national, tribal, racial or religious hatred - 41.1%,

- Propaganda of terrorism or extremism or public calls for an act of terrorism or extremism – 39.3%,

- Financing terrorist or extremist activities and other aiding of terrorism or extremism – 10.3%,

- Organization of the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them in connection with their extremism – 6.5%,

- Recruitment or training or arming of persons in order to organize terrorist or extremist activities – 2.8%.

We also note that for the period 2008-2014 facts of Forced seizure of power or forcible retention of power or the exercise by representatives of a foreign state or a foreign organization of powers falling within the competence of authorized bodies and officials of the Republic of Kazakhstan (Article 168 of the Criminal Code); Diversion (Article 171 of the Criminal Code); An organization of an illegal paramilitary unit (Article 236 of the Criminal Code) were not registered.

Positive dynamics characterizes the condition of extremist crime in Kazakhstan from 2015 to 2017 (Figure 3), but then the number of reported extremist crimes has consistently decreased. At the same time, the «peak» period is 2017, since during this period the maximum number of extremist crimes was recorded - 279.

Figure 3: Dynamics of Registered Extremist Crimes In Kazakhstan For 2015-2019

Certain changes are noted in the structure of extremist crime. In particular, the increase in the proportion of certain crimes should be noted:

- Stirring of social, national, tribal, racial or religious hatred (from 53,2% to 78,5%);

- Organization of the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them in connection with their extremism (from 7,2% to 35,4%);

- Financing terrorist or extremist activities and other aiding of terrorism or extremism (from 2,4% to 8,4%);

- Recruitment or training or arming of persons in order to organize terrorist or extremist activities (from 1,6% to 12,3%).

At the same time, the number of all specified crimes decreased. Only such a crime as the organization of the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them in connection with their extremism is characterized by ambiguous dynamics: in 2015 – 16 crimes, in 2016 – 38 (57.9%), in 2017 – 20 (-90%), in 2018 – 49 (59.2%), in 2019 – 45 (-8.9%) crimes.

Facts of committing crimes as the armed rebellion, sabotage, the organization of an illegal paramilitary unit during the analyzed period were not established.

The analysis of the structure of extremist crime in Kazakhstan for 2017, presented in Figure 4, shows that the proportion of extremist crimes amounted to:

- Stirring of social, national, tribal, racial or religious hatred - 78,5%,

- Organization and participation in the activities of a public or religious association or other organization after a court decision to prohibit their activities or liquidate them in connection with their extremism - 7,2%,

- Financing terrorist or extremist activities and other aiding of terrorism or extremism - 6,4%,

- Recruitment or training or arming of persons in order to organize terrorist or extremist activities - 4,6%,

- Other extremist crimes - 3,3%.

Figure 4: The Structure of Extremist Crime on Kazakhstan on 2017

It should also be noted that understanding of extremism as a social phenomenon is more important than its formal definition as an organized criminal activity. Extremist criminal activity is not just a combination of extremist criminal groups or organizations; it is as well crimes committed by them. This is a qualitatively new state of crime, when it is built into the social system, and has a significant impact on other components of the system, primarily, on the economy and politics.

Practical Aspects of Identifying Extremist and Terrorist Groups

For correct qualification of the actions of the participants in criminal groups, the executor of law must clearly establish the type of such a group.

The analysis of the legal definitions of the varieties of criminal groups showed that some of them are generic terms, others relate to it as subtypes. Thus, the terrorist group and the extremist group are subtypes of the organized group. They have features of an organized group, and at the same time have additional distinctive features.

In accordance with paragraph 36 of Article 3 of the Criminal Code of the Republic of Kazakhstan, an organized group is a stable group of two or more persons who have previously united in order to commit one or several criminal offenses.

Thus, features of the recognized groups are:

- The presence of the organizer, whose intent covers all the criminal offenses committed by the criminal group;

- Coordinated distribution of roles among members of an organized group;

- Preliminary planning of a criminal offense and bringing the plan to all members of the group;

- Stability of this group;

- Carrying out joint preparatory activities, their organized character;

- Unity of criminal intentions, the common goal of committing one or more criminal offenses.

When committing a specific criminal offense by an organized group, these features are evaluated in aggregate.

Additional distinctive features of such sub-types of organized groups as extremist groups and terrorist groups in the law indicate the direction of their activity (united according to the type of crime).

An extremist group pursues the goal of committing one or several extremist crimes (paragraph 40 of Article 3 of the Criminal Code of the Republic of Kazakhstan), a terrorist group pursues the goal of committing one or several terrorist crimes (paragraph 31 of Article 3 of the Criminal Code of the Republic of Kazakhstan).

However, noting that the list of terrorist and extremist crimes partially coincides, the question arises - what kind of criminal group should an organized group belong to, which simultaneously pursues the goal of committing both terrorist and extremist crimes?

We also note that, on a territorial scale of activity, organized criminal structures can be divided into domestic and transnational (international) ones. A global experience of combating crime shows that at a certain level of development of its organization, it goes beyond the national jurisdiction and acquires international forms. The transnational character of the organized crime is determined by a number of factors, the main of which are: the desire to expand their criminal interests and spheres of influence; the search for new objects of criminal accusations and the establishment of control over the international channels of obtaining excess profits; the use of the so-called «shuttle method» of the commission of criminal offenses, which complicates the work of the law enforcement bodies of different countries in solving them.

According to experts, today several signs that characterize extremist criminal groups can be singled out: areas of criminal activity; distribution of spheres of influence for specific objects, persons, as well as geography; goal marking - enrichment, obtaining excess profits as a result of illegal acts (Kudryavtseva & Eminov, 1997); the establishment of corruption ties and the penetration into the state bodies of power and management; high technical equipment of criminal groups; high latency, etc.

In addition, the scale of extremist crime is seriously affected by a weakening of the political power, corruption of all levels of state power, low efficiency of law enforcement agencies, worsening of the social situation of citizens, and uncontrolled migration (Nurgaliev, 2002).

A list of seventeen terrorist and eight extremist organizations has been posted on the official website of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan.

Moreover, among the organizations recognized as extremist, four international organizations, the unregistered public association «People’s Party Alga», the republican public association «Senim. Bilim. Omir», unregistered public association «Public movement «Halyk Maidany» - «Popular Front», «Democratic Choice of Kazakhstan» (DCK).

The list of religious literature and information materials recognized as extremist and prohibited from import, publication and distribution on the territory of the Republic of Kazakhstan includes 869 materials, including 314 hard copies, 138 soft copies, 315 audio, 102 video.

Conclusion

In terms of consolidation of the international legal framework for countering extremism, Kazakhstan has joined all universal UN conventions against terrorism and extremism. International and regional cooperation is being strengthened, at the present time Kazakhstan is a member of a number of regional anti-terrorist structures - the CIS Anti-Terrorism Center, the SCO Regional Anti-Terrorist Structure, and the Collective Security Treaty.

The current state of domestic criminal law is characterized by an increase in the criminal potential in the fight against extremism, which is a reaction to the complication of this form of crime.

The current Criminal Code of the Republic of Kazakhstan identifies a group of extremist crimes as a set of acts infringing on various spheres of public relations relating to the vital interests of society and the state. The system of extremist crimes includes, to a certain extent, the elements of crimes structured by the characteristics of the immediate object and the proximity of the construction of the objective side.

However, it is difficult to single out criminal law norms from the legislative list of extremist crimes that stipulate liability specifically for manifestations of religious extremism. The normative defines three main forms of manifestation of extremism: political, national and religious. Meanwhile, at the practical level, the listed forms of extremism are poorly separated, since they never really appear in a «pure» form: national extremism almost always carries elements of political extremism, and quite often religious extremism; religious extremism includes elements of political extremism; political extremism, as a rule, has as its basis, if not a purely religious idea, then a pseudo-religious background. Extremism among adolescents and young people is characterized by fanaticism, unquestioning execution of all orders, low professionalism and the absence of long experience in extremist activity.

In this regard, the prevention of the activities of international terrorist and extremist groups that contribute to the radicalization, recruitment, mobilization of youth into terrorist and extremist groups, as well as the further spread of extremist ideology seems the most promising and practically significant.

In general, a consolidated position of representatives of civil society, culture, religion, human rights and public organizations is required for the successful implementation of the tasks of countering extremist and terrorist activities.

References

Biyebayeva, A.A., & Zhaksybekova, F.S. (2014). Legal framework for countering extremism in the Republic of Kazakhstan.

Criminology. (1997). Textbook/Ed. Acad. V.N. Kudryavtseva, prof. V.E. Eminova. Moscow, Lawyer.

Kalguzhinova, A.M., Ozbekov, D.O., Serikbaeva S.S., & Ilyasova G.A. (2017). The strategy of criminological safety in Kazakhstan: Theory, legislation and practice of providing. PONTE. Multidisciplinary Journal of Sciences & Research, 73.

Kalguzhinova, A.M., & Ualiyeva, Zh.B. (2019). On social-legal conditionality of liability for terrorist crimes under the legislation of the Republic of Kazakhstan. Education and science without borders, 10(19), 13-15.

Nurgaliev, B.M. (2002). The main signs defining organized crime. Russian investigator, 10, 30-32.

Official website of the Committee on Legal Statistics and Special Accounts of the General Prosecutor's Office of the Republic of Kazakhstan> Home> Information service «Legal statistics»> Unharmed statistical reports. from http://service.pravstat.kz/portal/page/

Home> About the KPSiSU> List of extremist organizations from http://pravstat.prokuror.gov.kz/rus/o-kpsisu/spisok-ekstremistskih-organizaciy

Home> About the KPSiSU> List of religious literature and information materials recognized as extremist and prohibited from importing, publishing and disseminating in the Republic of Kazakhstan from http: //pravstat.prokuror. gov.kz/rus/o-kpsisu/spisok-religioznoy-literatury-i-informacionnyh-materialov-priznannyh-ekstremistskimi-i

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