Problems of Legal Regulation of Countering the Spread of Extremist Materials in Information and Telecommunication Networks: Theoretical Aspect and Law Enforcement Practice

Abstract

The article presents a comprehensive legal and philosophical analysis of the regulation of access to extremist materials in the digital environment. The focus is placed on Article 13.53 of the Code of Administrative Offenses of the Russian Federation, which establishes administrative liability for deliberate search for and access to information classified as extremist. The authors explore the legal nature of the offense in question, emphasizing the ambiguity of the term “knowingly”, the difficulties of proving intent, and the risks of broad interpretation of digital behavior. Special attention is given to the issues of accessing restricted content via technical tools such as VPN, Tor, and proxy servers. The study identifies risks of arbitrary enforcement and substitution of subjective intent with objective technical indicators. The lack of a clear distinction between accidental and intentional access is highlighted as a critical legal gap. From a philosophical and legal perspective, the article demonstrates that current enforcement practices concerning extremist content may conflict with constitutional principles of freedom of thought and information. Based on the analysis of legislation, judicial practice, and legal positions of the Constitutional Court of the Russian Federation, the authors formulate proposals for legislative improvement. The study concludes that effective counteraction to extremism in the digital environment must be based on the principles of legal certainty, individualized liability, and proportionality, ensuring a proper balance between public security and individual informational autonomy.