Criminal incitation of hate or enmity, as well as humiliation of human dignity: some features of the objective side
Автор: Gorshkov D. Yu.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Уголовное право
Статья в выпуске: 2 (33), 2022 года.
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There are no legal definitions of the concepts of hatred, enmity, humiliation of the dignity of a person or a group in the legislation, used in the disposition of the norm. The study led to the conclusion that these concepts are interrelated. A person, who incites hatred, enmity, humiliates the dignity of a person who is the bearer of certain qualities (race, nationality, religion, and others). Moreover, the person, that degrades the dignity of a person, guide by the motive of hatred or enmity (a combination of these motives is possible).The researcher reveals the concept of “social group” and its features, gives examples of social groups, widespread in the Russian Federation, in respect of which a crime is committed.The author examines the positions of national and international courts regarding using this concept. The researcher notes that the criminal law should not provide for an exhaustive list of social groups.In article the author analyzes the common ways of committing this crime on the «Internet».The author believes, that likes on social networks do not entail criminal liability. The conservation by users of social networks of images, audio recordings, video recordings, containing signs of inciting hatred, enmity, humiliation of human dignity, in some cases entails criminal liability.The crime is ongoing.
Criminal extremism, hate, enmity, humiliation, post, repost, like, internet
Короткий адрес: https://sciup.org/14124286
IDR: 14124286