Journal of Siberian Federal University. Humanities & Social Sciences: Correlation between extremist crimes under Articles 280 and 282 of the Criminal Code of the Russian Federation, and rehabilitation of Nazism (Article 354.1 of the Criminal Code of the Russian Federation)

Journal of Siberian Federal University. Humanities & Social Sciences / Correlation between extremist crimes under Articles 280 and 282 of the Criminal Code of the Russian Federation, and rehabilitation of Nazism (Article 354.1 of the Criminal Code of the Russian Federation)

Full text (.pdf)

Issue: Journal of Siberian Federal University. Humanities & Social Sciences. 2016 9 (8)
Authors: Bushmin, Sergey I.
Contact information: Bushmin, Sergey I.:Siberian Federal University 79 Svobodny, Krasnoyarsk, 660041, Russia; E-mail:
Keywords: public calls for extremist activity; incitement of hatred or enmity, as well as humiliation of a person or group of persons on grounds of sex, race, nationality, language, origin, attitude to religion, as well as membership of a particular social group; sentence of the International Military Tribunal for the trial and punishment of the major war criminals of the European Axis countries; competition of criminal law norms; aggregate crime
Abstract: The problem of correlation between extremist crimes under Articles 280 and 282 of the Criminal Code of the Russian Federation, and rehabilitation of Nazism within the doctrine of criminal law and legal practice is not confined solely to the competition of different provisions of criminal law. The present work makes conclusions and formulates proposals on the application of criminal law on the basis of legal analysis of corpus delicti of the said crimes and provisions of the crime qualification theory. Unlike rehabilitation of Nazism, incitement as inducement influencing particular behaviour being a mandatory feature of the objective side of crime under Article 280 of the Criminal Code of the Russian Federation, requires that a law practitioner has a qualification for the aggregate crime foreseen by Articles 280 and 354.1 of the Criminal Code of the Russian Federation. For the correct application of the law, when features of crimes foreseen by Articles 282 and 354.1 of the Criminal Code are found simultaneously in a certain act, it is necessary, taking the psychological concept of denial and approval into account, to consider the categoricity degree of the opposite judgement of the facts and crimes established by the Verdict of the International Military Tribunal for the trial and punishment of the major war criminals of the European Axis countries, as well as the substantiality of public criticism of the decisions of the Nuremberg Tribunal and the USSR activities during the Second World war on the basis of the subject’s gender, social, racial, ethnic, religious or linguistic affiliation or attitude to religion
Pages: 1896-1902
Paper at repository of SibFU: https://elib.sfu-kras.ru/handle/2311/20540

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