Open AccessPROBLEMS OF QUALIFICATION OF EXCITATION FOR HATEING OR ENMITY, AS ABA
Author(s) -
N.V. Tydykova
Publication year - 2020
Publication title -
rossijsko-aziatskij pravovoj žurnal
Language(s) - English
Resource type - Journals
ISSN - 2687-010X
DOI - 10.14258/ralj(2020)1.9
Subject(s) - supreme court , law , hatred , outrage , political science , law enforcement , dignity , politics
The author analyzes the practice of applying this corpus delicti and notes two trends. The first is tounjustifiably expand the range of acts for which criminal liability arises. This practice does not find support inthe theory of criminal law and causes outrage in society. To overcome this problem, the Supreme Court gaveexplanations, according to which, for the imputation of the composition under consideration, it is necessaryto establish a number of circumstances, in addition to the fact of placing an image or text on the Internet. Thesecond trend of law enforcement practice unites cases of a more thoughtful approach, when a whole complexof circumstances is taken into account to solve the issue of the composition of the composition. Examples aregiven when, prior to the relevant clarifications of the Supreme Court in law enforcement practice, ideas wereexpressed about the need to analyze all the circumstances of the deed, in particular, the targeted orientationof the placement of materials. This led to the conclusion that the Supreme Court did not formulate new rules,but pointed to an approach that is the only true one in the light of the principle of subjective imputation.The author argues that not every dissemination of material can be recognized as aimed at inciting hatred orenmity from someone, or humiliating dignity. It is necessary, with the help of a number of signs, to determinewhich particular idea the person broadcast.