РУАЭСТ (RUAEST)
Correlation between extremist crimes under Articles 280 and 282 of the Criminal Code of the Russian Federation, and rehabilitation of Nazism
The problem of correlation between extremist crimes under Articles 280 and 282 of the Criminal Code of the Russian Federation, and rehabilitation of Nazism within the doctrine of criminal law and legal practice is not confined solely to the competition of different provisions of criminal law. The present work makes conclusions and formulates proposals on the application of criminal law on the basis of legal analysis of corpus delicti of the said crimes and provisions of the crime qualification theory. Unlike rehabilitation of Nazism, incitement as inducement influencing particular behaviour being a mandatory feature of the objective side of crime under Article 280 of the Criminal Code of the Russian Federation, requires that a law practitioner has a qualification for the aggregate crime foreseen by Articles 280 and 354.1 of the Criminal Code of the Russian Federation. For the correct application of the law, when features of crimes foreseen by Articles 282 and 354.1 of the Criminal Code are found simultaneously in a certain act, it is necessary, taking the psychological concept of denial and approval into account, to consider the categoricity degree of the opposite judgement of the facts and crimes established by the Verdict of the International Military Tribunal for the trial and punishment of the major war criminals of the European Axis countries, as well as the substantiality of public criticism of the decisions of the Nuremberg Tribunal and the USSR activities during the Second World war on the basis of the subject’s gender, social, racial, ethnic, religious or linguistic affiliation or attitude to religion.