Problems of law enforcement of the norm providing for responsibility for propaganda or public display of prohibited paraphernalia and symbols
Автор: Poshelov P.V., Pestereva J.S., Shaglanova A.N.
Журнал: Правопорядок: история, теория, практика @legal-order
Рубрика: Административное право и процесс
Статья в выпуске: 1 (44), 2025 года.
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Based on the study of the texts of court decisions, the article examines the mistakes made by the courts when applying Article 20.3 of the Code of Administrative Offences of the Russian Federation. The most significant of these include: the ratio of the concepts of attributes and symbols; the ratio of such punishable actions as demonstration and propaganda; the use of formulations in judicial acts that do not coincide with the disposition of the norm in question; the confusion of responsibility under articles 20.3.1 and 20.3; bringing to justice for the demonstration of symbols of terrorist organizations; the correlation of Nazi symbols with symbols that are confusingly similar to it; the lack of a unified approach to recognizing such actions as continuing within the framework of various regulations - the Administrative Code of the Russian Federation and the Criminal Code of the Russian Federation; the attribution of similarities to the degree of confusion also, in addition to Nazi symbols, and to the symbols of extremist organizations. In addition, defects were found in the legislation, in particular, inconsistencies in the wording of the article in question with the targeted law on countering extremism. The authors present their own positions on the application of the norm in question, as well as suggestions for improving the current administrative-tort and other legislation.
Demonstration of prohibited paraphernalia or symbols, propaganda of prohibited paraphernalia or symbols, nazism, extremism, administrative responsibility
Короткий адрес: https://sciup.org/14133279
IDR: 14133279 | DOI: 10.47475/2311-696X-2025-44-1-39-43