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

Research Article: 2021 Vol: 24 Issue: 4

Problems and Prospect of Countering Religious Extremism in the Kazakhstan Republic Including Problems of Bioterrorism in Religional Extremism

Kalmyrzaev B. Aubaevich, International Kazakh Turkish University H.A.Yessevi,

Kairat T. Bitemirov, M. Auezov South Kazakhstan University,

Yernar S. Shalkharov, M. Auezov South Kazakhstan University,

Manshuk M.Imanbekova, International Kazakh Turkish University after H.A.Yessevi,

Aigul E. Paridinova, International Kazakh Turkish University after H.A.Yessevi,

Maksat M. Moldaliev, International Kazakh Turkish University after H.A.Yessevi

Salayev N. Saparbaevich, Tashkent State Legal University

Abstract

Today, the problem of religious extremism is a fairly widespread problem throughout the world, which requires an immediate solution. However, the question of the classification of such currently has its own specifics and problems due to the repeated theories of criminal punishment due to a certain level of merging of such in the interdisciplinary sector. As such, it can be assumed that, by classification, religious extremism covers not only the theory of criminal offenses, but also many aspects of jurisprudence, theology and sociology, and even psychology. Consequently, when considering the types of confrontation and state tactics of the authorized bodies of the state territorial unit on the fight against religious extremism, it is necessary to consider human factors, which include in addition to legal sociological, psychological and even pedagogical aspects. Accordingly, it can be stated that an interdisciplinary approach is of high value when studying this issue.

Keywords

Criminal Offenses, Criminal Punishment, Jurisprudence, Theology and Sociology, Interdisciplinary Sector.

Introduction

As an introduction, first of all, the importance of the problem of religious extremism in the Republic of Kazakhstan in the context of the development of measures to combat and suppress one should be designated. Therefore, it can be designated that as such a number of events organized by the state and society should be singled out (Imanbekova, 2014). This is necessary for a clearer distribution and comparison of the fulfillment of democratic and state functions, for a more objective consideration of the rate of fulfillment of the state program to combat religious extremism within the territory of a state territorial unit (Kozhambekov et al., 2019).

The Question of Studying State Policy on Combating Religious Extremism

Considering the overall struggle against religious extremism, we should first of all highlight the implementation of the program developed by the administrative and political apparatus of the state territorial unit (Batyrbaev et al., 2017).

The Sanctions System to Combat Religious Extremism

At present, any active measures by the public sector imply a certain level of responsibility for specific actions of a socially dangerous and illegal nature (Nartay et al., 2019). Consequently, such actions imply a level of administrative or criminal liability for those who have committed such intentionally by prior agreement (Ordaeva et al., 2019). As such, you can identify a number of government restrictions, undertaken by the public sector, expressed in the form of restriction or deprivation of certain freedoms and rights of citizens to specific actions or omissions (Shalkharov et al., 2019). In addition to the above, this implies even a number of the most severe sanctions by the state, which imply life imprisonment without the right to amnesty or pardon, as well as the estimated penalty, for which a temporary moratorium has been introduced in the Republic of Kazakhstan (Shalkharov et al., 2016).

The Political System of Combating Religious Extremism

Designating a number of political activities, the work of the public and political sector of the state should be designated, which work with the population in a certain way, connected with educating the population about the main religious doctrines, which are now very often used to be distorted in the direction of radical movements of various kinds of departments (Shalkharov et al., 2016). Such work is also carried out by public organizations working actively and closely with the religious sector of the state territorial unit (Svatoš, 2018). The operation of the mufti is also included in this operation, which is carried out from the position of correct consideration of the norms of interpretation of certain religious norms (Honnavalli et al., 2019). Such work with the population is a very significant factor in the policy of confrontation against religious extremism.

Fundamental Consideration of the Problem from the Standpoint of the Classical View of Legal Research

To date, fundamental knowledge has a certain lack of development, due to the fact that the concept of religious extremism appeared relatively recently (Dalins et al., 2018).

Relevance

The relevance of this study is expressed in a completely new look at the policy of confrontation against religious extremism, which involves measures not only of an administrative-legal nature, but also of political sanctions not only at the internal state level, but also at the international level (Smolík, 2016). This is a serious step in international legal criminal policy in general.

Theoretical Significance

Theoretically, it can be emphasized that the study of religious extremism from the standpoint of the classical fundamental view will provide a theoretically large number of textbooks and teaching aids, which then can even be systematized into a separate academic discipline (Pos?uszna, 2015).

Practical Relevance

From the position of the applied point of view, it should be noted that this study allows state bodies in the field of human rights functions, as well as intelligence and counterintelligence agencies to create alternative legal mechanisms for monitoring, defining and preventing any acts related to religious extremism in general (Hirschi & Widmer, 2012).

Novelty

Previously, an interdisciplinary study of counter-religious and religious extremism from the perspective of an interdisciplinary look with consideration of the application of measures of administrative and political content is not investigated.

Specification of the Problem

Analyzing all the alternate points, the purpose of this article was to study the measures of confrontation against religious extremism, taking into account the existing realities (Loza, 2007).

Introduction to Detailed Specification

Thus, by defining a research question, can the legal status of confrontation measures against religious extremism be identified as lawful in the regulatory framework of criminal law, administrative legal and political mechanisms, a positive answer can be designated (Othman, 2006).

The Question of the Importance of Research for Modern Jurisprudence and Humanity as a Whole

Today, religious ideological aspects that regulate virtually the entire social sector of citizens are one of the weaker sectors of the security of citizens (Daneykin et al., 2015). Consequently, the policy of confrontation against religious extremism is a key solution to the problems of such social security.

Literature Review

How the Present Study is related to Previously Conducted by Analogy

In the study of this topic it is necessary to note two areas: modern national security and international security. At the level of the Republic of Kazakhstan, the works of (Bitemirov et al., 2018) were devoted to this issue. However, with regard to unexplored questions, it should be noted that other authors did not give the prerogative of foresight and analysis from the standpoint of the current hypothesis. In this article, three hypotheses are considered, around which the entire research base unfolds.

Theoretical and Practical Significance of Research

The theoretical significance of this research involves not only the enrichment of fundamental knowledge in the field of legal research in the field of civil law, criminal law, but also the degree of development of an interdisciplinary approach to internal legal directions (Bitemirov et al., 2019). Practical significance will allow identifying religious extremism in accordance with its type, actions, level of influence, as well as the predicted outcome, which will certainly contribute to the development of the applied direction of both civil and criminal legislation (Bitemirov et al., 2019); (Kairat et al., 2017).

Research Methodology

The methodology of research on the identification of the official legal status of theories of bioterrorism in the system of modern legal science, taking into account alternatives to harm to health by traditional and shadow types of biospheres from the standpoint of modern jurisprudence, ethical and moral standards involves the use of not only legal methods expressed in deduction, induction, abstraction, but also other methods related to the interdisciplinary approach, which suggest regression, inverse correlation, and some types of author's methods, worked by the authors themselves.

The Main Description of the Techniques

The materials and data of this article were analyzed using a number of techniques that help identify interdisciplinary research to achieve the goal of this article.

Legal Methods

As legal methods, deduction, induction and abstraction were used as a basis, which help to analyze the theoretical material and the interconnectedness of previous research in this field among themselves and in relation to this article.

Deduction

The systematic transition from the larger to the lesser allows analyzing a certain hierarchy of legal acts starting from the constitution, continuing with codes and laws, as well as narrowing to the orders of the executive bodies in this field.

Induction

Induction allows you to undergo a specific periodical from the smallest to the greatest. In this analysis, having examined one work, many other studies can be derived from it.

Abstraction

This method involves detailed and selective manipulations of legal acts regarding the status of theories of bioterrorism in the system of modern legal science, taking into account alternatives to harm to health by traditional and shadow types of biospheres in the system of modern Kazakhstan legislation.

Statistical Analyzes

The determination of the official legal status of the theories of bioterrorism in the system of modern legal science, taking into account the alternative to harming the health of traditional and shadow types of biospheres, involves a number of statistical studies regarding the public opinion regarding the threats of bioterrorism.

Sample

As a sample, you can designate a random sample, in which an equal population from individual territorial units of the state participates.

Base Encoding

The encoding is supposed to be planned in a dichotomous form with two answer choices that are separated as 0-no and 1-yes.

Hypotheses: Primary Hypothesis, Secondary Hypothesis and Tertiary Hypothesis

Assuming certain results in the legal direction, hypotheses were proposed that allow analyzing and predicting the outcome.

Primary Hypothesis

When considering alternatives for the development of administrative-criminal measures of a legal nature, while improving the policy of confrontation against religious extremism, the result of applying one will be very effective from the standpoint of using legal copyright mechanisms.

Secondary Hypothesis

When considering alternatives for the development of behavioral policies of a political nature in improving the policy of confrontation against religious extremism, the result of applying one will be very effective from the standpoint of applying political copyright mechanisms

The Degree of Interconnectedness of Hypotheses with Research Design

When conducting research data for each part of the research a separate type of research design was selected. When reviewing statistical data in a single-cross-sectional design with elements of cohort studies with randomized sampling and dichotomous coding, it turned out to be the most acceptable due to the large number of confounder factors that, as it turned out, perfectly correlated in linear progression with the standardized indicators of general public awareness regarding the personal defensiveness of society before religious extremism.

The results are achieved with the help of a certain manipulation with a base of 5,000 respondents and are processed using the software SPSS, R-STAT. After the results are systematized using a specific encoding.

Results & Discussion

At present, the degree of struggle against religious extremism directly depends on the designation of specific problems, which depends primarily on two factors: the identification of the problem and the degree of elaboration of the tactics of confrontation. In accordance with a certain opinion, both of them are two interdependent factors. The present implies that identification is a consequence of the identification of the problem, and methods of confrontation depend on the basic identification of the problem. Taking into account the specifics of religious extremism, we can designate two basic positions regarding the activity of the actions for the confrontation.

Active Measures to Confront Religious Extremism

Today, in many countries, it is customary to accept and use active measures to combat religious extremism, which include numerous types of work with the population, including in religious associations, units of educational institutions, in government structures and others. The present implies a massive public nature, in which the population is fully informed of virtually all activities carried out within the framework of state policy to combat and suppress religious extremism within the jurisdiction of the authorized bodies of the state territorial unit. At the same time, propaganda is also actively controlled, creating at the same time a certain resonance in society. In accordance with the above, one can consider active measures to counter religious extremism from the position of positive sides and from the position of negative sides. The positive aspects of active measures to combat religious extremism are the transparency of the system for implementing mechanisms of state policy to combat religious extremism, in which the population is always aware of all the activities carried out by authorized bodies of the state territorial unit. At the same time, a certain percentage of such events are even held with the active participation of the local population.

Passive Measures to Confront Religious Extremism

The present involves a shadow fight with a similar type of crime. As a result of these studies, a number of variables should be noted, which were found and systematized in a particular algorithm?

The Main Components of the Theory of Confrontation against Religious Extremism

As mentioned earlier, as a type of confrontation measures against religious extremism, we can distinguish two types: administrative-criminal legal type of confrontation against religious extremism and the socio-political type of ideological struggle against religious extremism.

Administrative Criminal Legal Type of Confrontation against Religious Extremism

Using elements of recruitment for religious purposes if there is a composition of unlawful elements leading to religious extremism is effective if they are applied to the criminal law system, reflected in the corresponding criminal law there are corresponding copyright legal mechanisms that allow regulating certain crimes in the region and religious extremism.

Socio-Political Type of Ideological Struggle against Religious Extremism

Nowadays, most researchers do not take seriously the possibility of using ideological systems in the functioning of legal mechanisms. If that is established in a legal way, it will be more effective.

Conclusion & Recommendation

In conclude the statement it is actual to notice that international collaboration is the most effective way to fight against extremism and terrorism in a whole. That is means creation of special legislative tools collaborated between number of states and which is actual in a territory of every state within collaboration union. Kazakhstan Republic Criminal legislation have to be more strictly and cruel with using special author mechanisms against extremism for cut up it in the beginning.

Acknowlegements

This study was carried out not only by one author alone, but also by a group of persons with the participation of the research leaders of doctoral student Kalmyrzaev B., Ph.D. »Of the Faculty of Social Sciences of the International Kazakh-Turkish University named after Kh.A. Yasavi. It is also important to note that the entire theoretical and empirical part of the research is the property of Kainar Consolidated Group LLP, namely the property of Shalkharov Yernar Saylaubekovich, who kindly granted me the right to use and publish his data for a period of 2 years.

References

  1. Batyrbaev, N.M., Zhambas, M., & Baimaganbetova, K (2017). To the problem of improving environmental regulations. Life Science Journal, 10(12), 339-342.
  2. Bitemirov, K., Abducarimova, Z., Bizhan, N., Esenaliyev, A., Poshanov, N., & Kalkanova, Z. (2019). Features of compensation for damage caused to natural resources in Kazakhstan. Journal of Advanced Research in Law and Economics, 9(4), 1169-1175.
  3. Bitemirov, K., Sabir, A., Rustemova, G., Koshkinbayeva, A., Bizhanova, A., Medetov, A., Skakova, A., & Kussainova, L. (2019). The role of international conventions and covenants in achieving economic and environmental justice: A conceptual review. Journal of Legal, Ethical and Regulatory Issues, 22(2), 1-12.
  4. Bitemirov, K., Sabir, A., Yesimhulov, S., Nakipov, B., & Medetov, A. (2018). The legislative and institutional framework for transboundary water resources management in Kazakhstan. Journal of Legal, Ethical and Regulatory Issues, 21(3), 1-6.
  5. Dalins, J., Wilson, C., & Carman, M. (2018). Criminal motivation on the dark web: A categorisation model for law enforcement. Digital Investigation,24(1), 62-71.
  6. Daneykin, Y., Andreevsky, E., Rogozhin, M., & Sernetsky, O. (2015). Threats and Challenges to the Regional Security in Central Asian Region (the Example of the Republic of Kyrgyzstan). Procedia - Social and Behavioral Sciences, 166(1), 86-91
  7. Hirschi, C., & Widmer, T. (2012). Approaches and challenges in evaluating measures taken against right-wing extremism. Evaluation and Program Planning, 35(1), 171-179.
  8. Honnavalli, V., Neo, L. S., Gan, R., Tee, S.H., & Chin, J. (2019). Chapter 5: Understanding Violent Extremism and Child Abuse: A Psychological Analysis. Child Abuse and Neglect.
  9. Imanbekova, M.M. (2014). The use of foreign experience in forming system state regulation of innovation activities of enterprises in the republic of Kazakhstan. World Applied Science Journal, 30(5), 630-634
  10. Kairat, B., Nurbol., B., Gulzipa., D., Akylbek., I., & Aktolkyn, M. (2017). Legal significance of insurance of honor, dignity and business from the position of civil law of the republic of Kazakhstan and its place in the system of legal education. International Journal of Applied Business and Economic Research, 15(16), 359-371.
  11. Kozhambekov, D., Batyrbaev, N., Nakipov, B., Moldaliev, M., & Alayeva, G. (2019). Formation of Kazakhstan as a secular state: Legal aspects. Opcion, 35(88), 154-176.
  12. Loza, W. (2007). The psychology of extremism and terrorism: A Middle-Eastern perspective. Aggression and Violent Behavior, 12(2), 141-155
  13. Nartay, A., Shalkharov, Y., Bitemirov, K., Imanbekova, M., & Ernazarov, G. (2019). Issues of legal identification of the status of the human genome. Opcion, 35(88), 253-279.
  14. Ordaeva, A.Z., Zhumagulova, S.R., Shalkharov, Y.S., Bitemirov, K.T., Bekbosynov, Y.T., & Kuzdeuova, L. (2019). Legal types of stalkers on the basis of analysis of comparison of legal variables with data of psychology, sociology and victim ology. Journal of Legal, Ethical and Regulatory Issues, 22(4), 1-12.
  15. Othman, N. (2006). Muslim women and the challenge of Islamic fundamentalism/extremism: An overview of Southeast Asian Muslim women's struggle for human rights and gender equality. Women's Studies International Forum, 29(4), 339-353.
  16. Pos?uszna, E. (2015). Extremism: A Theoretical perspective. Environmental and Animal Rights Extremism, Terrorism, and National Security.
  17. Shalkharov, Y., Batyrbaev, N., & Dusipov, Y. (2016). The protection of medical services consumers in contractual relationship based on data of claim proceeding within dynamics of 10 years. The social science journal, 11(15), 3758-3764.
  18. Shalkharov, Y., Batyrbaev, N., Dusipov, Y., & Mackova, A. (2016). Legal civil nature of relationship between medical workers and patients from the position of consumer legislation in Kazakhstan.
  19. Shalkharov, Y., Ordaeva, A., & Imanbekova, M. (2019). Official status of invasion to the personal space of citizens by the persecutor (stalker) owing to obsessive pursuit from the position of modern jurisprudence. Opcion, Bitemirov Smolík, J. (2016). Where have all the skinheads gone? A content analysis of Reports on extremism in the Czech Republic from 1997 to 2013. Kontakt, 18(2), e127-e133
  20. Svatoš, R. (2018). The Czech republic and extremist criminal activity. Kontakt, 20(3), e307-e315
Get the App