V. Mikhaylov

Code of Administrative Proceedings as a Mean for Improving the Procedures of Claiming Materials Extremist

2016. No. 3. P. 85–94 [issue contents]
The following article is dedicated to the legal analysis of problems, connected to the procedure of therecognition of informational materials as extremist. On the basis of the study of legislative initiatives ofgreat public interest, which were taken in a hurry because of negative experience of implementationprovisions of the Counteraction to Extremist Activity Law, the author comes to a disappointing conclusionabout legislative ban of recognition as extremist the content and quotations from Bible, Quran,Tanah and Kanjur. Inconsistencies between adopted rules of law and constitutional principles (theprinciple of secular state and equality of any religious association) and inconsistency of legislator’s approachare validated in the article. Author draws attention to, in his opinion, genuine, radical problemsof substantive procedural character, appearing with implementation of an Article 13 of the Counteractionto Extremist Activity Law, which determines the procedure of recognition materials as extremist.Revealing the legal nature of this kind of public relations, the author comes to a derivation aboutnecessity in consideration of this sort of cases along with those initiated by empowered state authorities,in public interest and according to the Code of Administrative Proceedings. The author displayspeculiarities of this sort of cases. In particular, they belong to following groups: connected with the listof subjects (who can be an administrative claimant or defendant), dedicated to territorial and instancejurisdiction (where and in which court of the system the case should be considered in the first instance),associated with the necessity in providing security for a claim (special interim measures), concernedwith consequences of sustaining a claim (confiscation of materials and sending a message), related tothe procedure of appeal (competence of the parties concerned). According to everything stated above,the author suggests to remove provisions of considering cases on recognition informational materialsas extremist and bring them to another chapter in the section IV of the Code of Administrative Proceedings,“Specific features of judicial proceedings on certain categories of administrative cases”, andprovide line-item regulation.
Citation: Mikhaylov V. (2016) Kodeks administrativnogo sudoproizvodstva kak reshenie problem, svyazannykh s protseduroy priznaniya materialov ekstremistskimi [Code of Administrative Proceedings as a Mean for Improving the Procedures of Claiming Materials Extremist]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 3, pp. 85-94 (in Russian)
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