On the normative-legal consolidation of the concepts of “nazism” and “fascism” in the domestic legislation

In the modern world, the problem of manifestations of Nazism in society becomes relevant, since after the collapse of the Soviet Union, cases of encroachment on the results of World War II, expressed in diminishing the feat of Soviet soldiers in defeating the fascist army, cases of public justification of Nazi criminals for the purpose of rehabilitation of the Nazism and Fascism ideologies, became more frequent. The article deals with the interpretation, as well as the legal consolidation, of the concept of “Nazism” in the criminal code, since a stable legal framework containing clear definitions of the terms used becomes an effective method of combating the criminal phenomena under study. The implementation of this provision in the criminal law of the Russian Federation is necessary primarily for a correct understanding of the content of the crime, its essence, as well as objective signs that will later affect the qualification of the crime and the imposition of punishment. The author also explores the issues of legislative delineation of the terms “fascism” and “Nazism” since these concepts are used as synonymous, as well as interchangeable with each other in regulatory sources and domestic studies quite often, which is incorrect from a legal, historical and philosophical point of view. The problem of demarcation in the article is presented by the method of comparison, where the author reveals the etymology of the studied concepts and reveals the qualitative characteristics of ideologies that serve as elements of their demarcation. The work analyzes the previously used concepts of “fascism” proposed by the Russian Academy of Sciences, which has not received its legal consolidation. As a result of the study, measures are proposed to overcome these problems, in order to fill legislative gaps related to the lack of legally enshrined definitions of the concepts of “fascism” and “Nazism”.