Problems of regulating criminal liability for the manifestation of nazism

Автор: Sheveleva K.V., Protsenko V.V.

Журнал: Правопорядок: история, теория, практика @legal-order

Рубрика: Уголовное право

Статья в выпуске: 3 (30), 2021 года.

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After the collapse of the Soviet Union, cases of infringement upon the results of World War II became more frequent and the problem of manifestations of Nazism in society in the modern world becomes relevant, which is expressed in diminishing the feat of Soviet soldiers in defeating the fascist army, as well as in cases of public justification of Nazi criminals in order to rehabilitate the ideologies of Nazism and Fascism. And since in the context of globalization, acts aimed at justifying and propagating Nazism are being increasingly committed, on May 5, 2014, the legislator included article 3541 on “Rehabilitation of Nazism” in the Criminal Code of the Russian Federation. In a scientific article, the authors conducted a comprehensive analysis of the criminal law norm related to the rehabilitation of Nazism. The authors consider the main problems of regulating article 3541 in criminal law, such as the use of incorrect wording, the absence in the text of the norm of the purpose of committing acts aimed at rehabilitating Nazism, the inconsistency of the object of the crime, as well as the conditionality of including part 3 in the article under study. It was concluded that there were currently some gaps in criminal legislation regarding the rule of rehabilitation of Nazism, which in turn created legal conflicts and made it difficult to apply article 3541 in practice.

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Rehabilitation, nazism, preservation of historical memory and prevention of falsification of history related to the second world war, gaps in legislation

Короткий адрес: https://sciup.org/14121142

IDR: 14121142

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