КАС как решение проблем, связанных с процедурой признания материалов экстремистскими
The following article is dedicated to the legal analysis of problems, connected to the procedure of the recognition of informational materials as extremist. On the basis of the study of legislative initiatives of great public interest, which were taken in a hurry because of negative experience of implementation provisions of the Counteraction to Extremist Activity Law, the author comes to a disappointing conclusion about 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 (the principle of secular state and equality of any religious association) and inconsistency of legislator’s approach are validated in the article. Author draws attention to, in his opinion, genuine, radical problems of substantive procedural character, appearing with implementation of an Article 13 of the Counteraction to 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 about necessity 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 displays peculiarities of this sort of cases. In particular, they belong to following groups: connected with the list of subjects (who can be an administrative claimant or defendant), dedicated to territorial and instance jurisdiction (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), concerned with consequences of sustaining a claim (confiscation of materials and sending a message), related to the 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 materials as 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”, and provide line-item regulation.