Siberian Federal University

Issue

Journal of Siberian Federal University. Humanities & Social Sciences. 2022 15 (8)

Authors

Moskalev, Georgii L.

Contact information

Moskalev, Georgii L.: Siberian Federal University Krasnoyarsk, Russian Federation; Shanghai University of Political Science and Law Shanghai, People’s Republic of China; ; ORCID: 0000-0002-0418-0227

Keywords

historical truth; historical memory; historical fact; rehabilitation of Nazism; constitutional reform; national security; the Great Patriotic War; illegal dissemination of information

Abstract

The purpose of the presented article is to define the concept of «historical truth». The necessity of solution of this problem is due to the inclusion in the Constitution of Russia in 2020 of a norm prescribing the protection of historical truth, as well as the setting of similar tasks in the new National Security Strategy of Russia. The purpose of the work is achieved by interpreting 23 documents posted in the legislative support system, as well as analyzing doctrinal sources devoted to or affecting the issue of determining historical truth. The synthesis of the obtained results leads to the conclusion that the historical truth is socially significant reliable information about historical events related to the defense of Russia, and, mainly, the history of the Second World War, which requires protection from its change, consisting of precisely confirmed historical facts. This definition made it possible to determine the starting points for subsequent rulemaking aimed at solving the problem of protecting historical truth. Understanding historical truth as information corresponding to objective reality implies a prohibition on distortion, falsification of historical facts, but not on their evaluation, which provides a balance between freedom of speech and protection of historical truth. On the basis of this thesis, restrictions on the use of evaluative features in prospective compositions of offenses and crimes designed to ensure the protection of historical truth are justified. The formulated concept of historical truth makes it possible to detect norms aimed at protecting it in the current legislation, which is illustrated in the work by the example of articles 243.4 and 354.1 of the Criminal Code of the Russian Federation. Thus, the well-founded concept of historical truth creates the necessary prerequisites for further legal steps to ensure its protection in compliance with the Constitution of the Russian Federation

Pages

1070–1081

DOI

10.17516/1997-1370-0910

Paper at repository of SibFU

https://elib.sfu-kras.ru/handle/2311/147460

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).