Journal of Siberian Federal University. Humanities & Social Sciences / International Standards for Development of Legislation Against hate Crimes and Article 282 Incitement of Hatred and Enmity, as well as Humiliation of Human Dignity of the Criminal Code of the Russian Federation

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Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2017 10 (7)
Authors
Bushmin, Sergey I.
Contact information
Bushmin, Sergey I.: Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia;
Keywords
the United Nations Convention on the Elimination of All Forms of Racial Discrimination; Practical guidance of the OSCE Office for Democratic Institutions and Human Rights; the Rabat Plan of Action on the prohibition of advocacy of national; racial or religious hatred that constitutes incitement to discrimination; hostility or violence; legislation against hate crimes; the incitement of hatred or enmity; protected features; social groups; victim identity
Abstract

The conformity of the Russian criminal law, including Art. 282 Incitement of Hatred and Enmity, as well as Humiliation of Human Dignity of the Criminal Code of Russian Federation, to the norms of international law has always been under the close scrutiny not only of the scientific community, but also of the European Court of Human Rights. The formulation of the disposition of this article was admonished in the scientific literature and was criticized for the uncertainty of its content, which violates the freedom of expression and other constitutional rights. This publication makes comparison of the disposition of the criminal law norm on the incitement of hatred and enmity, as well as the humiliation of human dignity, in the Russian criminal code and the recommendations for the development of legislation against hate crimes prepared by experts of the UN Human Rights Council and the OSCE Office for Democratic Institutions and Human Rights. As a result of analysis of the provisions reflecting international standards for the development of legislation of this kind, objective and subjective elements of corpus delicti under Art. 282 of the Criminal Code of the Russian Federation, the paper gives the author’s assessment of the degree of implementation of the recommendations of the UN and European Union experts in the criminal law of the Russian Federation. It also suggests that the construction features of the considered norm of the Criminal Code of the Russian Federation are not defects of lawmaking, but are generated by the action of permissible factors: the level of the social and economic development of the Russian Federation, the tradition of legal technique, the continuity of the provisions of the criminal law

Pages
1070-1075
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/33661

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