Questions of qualification of crimes committed on the grounds of hatred or enmity

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The relevance of the stated topic is due to high statistical indicators reflecting the widespread prevalence of the considered motives for committing crimes. Therefore, it is important to identify them and properly qualify them. However, there is a high level of problems in the qualification of crimes committed on the grounds of hatred or enmity in judicial and investigative activities, which negatively affects the tasks of criminal law. The analysis of the problems of qualification of crimes committed on the grounds of hatred or enmity; the problems of distinguishing these crimes from related ones (for example, from crimes provided for in Articles 277, 295, 317 of the Criminal Code of the Russian Federation, etc.) is carried out. Various approaches to the term “social group” are considered. As a conclusion, it is noted that the peculiarities of the qualification of crimes motivated by hatred and enmity depend not only on the internal emotional state of the person committing them, but also on the external conditions in which the subjective attitude of the perpetrator to the committed act is formed. The necessity of amendments to the Criminal Code of the Russian Federation, as well as the elaboration by the Plenum of the Supreme Court of the Russian Federation of clarifications on the qualification of these crimes, which will positively affect the qualification of the deed, is substantiated.

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Hatred, enmity, motives of crimes, subjective side, crimes, qualification, qualification problems

Короткий адрес: https://sciup.org/14128068

IDR: 14128068   |   DOI: 10.47629/2074-9201_2023_1_43_48

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