All about tuning cars

Insult on the national sign, excitation of unwore or hostility. Criminal Code of the Russian Federation Who came up with 282 Article of the Criminal Code of the Russian Federation

Under extremism is usually understood as the extreme on the edge of the law permitted by law, the behavior in the field of politics, religion, in interracial matters, and so on. Most often, extremism is manifested in politics, but in recent times there are increasingly developing it in other spheres of life.

Since such actions are always illegal, it is natural that they are prosecuted by criminal law. Moreover, if we consider that under the threat of extremist actions, the very existence of the state may be, then the punishment for this crime is quite severe.

Manifestations of extremism

The unlawful actions of extremist groups or individuals have many different manifestations. One of the most common of them is the organization of unrest. The reason for such actions can be, for example, disagreement with the results of elections. The main task of extremists in this case is to provoke clashes with the law enforcement agencies, the organization of street processions and demonstrations, not agreed with the authorities, any other actions contribute to the task in the usual way of life.

Recently, terrorism theme has recently been highly relevant. Any terrorist actions and those who perform them can be attributed to extremists, since their actions are aimed at disorganizing society's life, overthrowing the existing power using illegal actions. Terrorism, as a manifestation of extremism, is characterized by the highest indicator of victims among civilians.

Conventional appeals to eliminate non-annual people (on signs of religion, racial grounds and any other) are also a manifestation of extremism. If one person is trying to cause negative feelings (or hatred) in other people in relation to representatives of another faith, social layer or race, then in order for this to be characterized as extremism, it is necessary to fulfill several conditions:

  • attempts to incite hatred or rejection should be public; In addition to the possible speeches of criminals in public places, articles in the media, speaking on radio or television, on the Internet are also possessed;
  • in the actions of criminals, attempts to ignite hatred for certain groups of people, to humiliate specific representatives or these groups entirely, calls for violent actions, appeals to the beginning of unrest and stakes of disobedience.

Responsibility for extremism

Any appeals for violent and illegal actions, attempts to sow hostile attitude to any groups of people are prosecuted. Article 282 of the Criminal Code defines the following potential types of punishment for actions that may be regarded as extremism:

  • monetary fine up to 500 thousand rubles;
  • fine in the amount of a three-year income of the criminal;
  • work of forceding and ban on the occupation of certain types of activities up to 4 years;
  • prison sentence up to 5 years.

Such severe punishment is explained by the fact that extremism is regarded as one of the most dangerous crimes against citizens. The punishment may be even more stringent if extremist actions were accompanied by a threat of violence or its use, if such actions were committed in the organized group, if the criminals used their official position when committing such actions.

In this case, the potential punishment can be:

  • penalty to 600 thousand rubles;
  • work of compulsory nature up to 5 years;
  • prison sentence up to 6 years.

Features of the initiation of criminal cases under Article 282 of the Criminal Code of the Russian Federation

In determining the extremism of the courts, as a rule, take into account that attempts to establish hostility towards a particular person (or group of people) are not based on the personal qualities of the victims. The cause of humiliation becomes the affiliation of citizens to a specific nation, social group, their religion. A concrete person is not important for the criminal, but it matters only that it belongs to the layer of society, to which he himself has a persistent rejection and this rejection is trying to instill other people.

If in court it will be proved that the hostility and attempts to instill this hostility to other people are based on interpersonal relations and conflicts, then such a crime will not be qualified as extremism.

The crime will be considered committed from the moment the criminal committed any actions aimed at inciting hatred, calls for disorders and so on. That is, immediately after, for example, someone posted on the Internet an appeal, directed against people of another race, nationality, faith, and so on, this person becomes the object of criminal prosecution.

Responsibility for such a crime begins with a sixteen-year-old age.

Russian President Vladimir Putin introduced a package of amendments to the State Duma. 282 of the Criminal Code of the Russian Federation on extremism and inciting hatred. The document is published on the site of the Parliament on Wednesday, October 3.

According to the draft law, criminal liability for the acts listed in Part 1 should occur only if they are committed by a person after it is involved in administrative responsibility for similar actions within one year. That is, in simple language, for the first misconduct it will not be criminally punished, but for the second - yes.

« An analysis of law enforcement practice shows that in all cases, improving criminal liability for the acts provided for by part of the first article 282<...>is justified"," Refers to the explanatory note to the bill.

What acts are we talking about?

In Part 1 of Art. 282 of the Criminal Code of the Russian Federation ("excitement of hatred or hostility, but equally humiliation of human dignity") refers to the following actions:

  • excitation of hatred or hostility;
  • humiliation of human dignity or group of persons on various features (gender, race, nationality, language, origin, attitude to religion, belonging to any social group).

If they are committed publicly, in the media or using the Internet, criminal liability is introduced.

According to this article, citizens are attracted to responsibility for statements on personal pages on social networks and for the reposities of other people recognized by extremist. Some cases of excitement of such criminal cases became resonant and caused criticism from Internet users, owners of social networks and human rights defenders. The liberalization question of Art. 282 of the Criminal Code was discussed by the Commission of the Public Chamber of the Russian Federation for the development of the information society, the media and mass communications. This topic has become a subject of consideration in the Supreme Court of the Russian Federation: he came to the conclusion that publications in social networks of extremist materials should be considered a crime if intent on inciting hatred or hostility and the deed is socially dangerous.

What is the punishment now?

Maximum punishment for part 1 Art. 282 of the Criminal Code of the Russian Federation is imprisonment for a period of two to five years. If these crimes are committed with the use of violence, the person who uses the official position or an organized group (part 2 of Art. 282 of the Criminal Code of the Russian Federation), the punishment is stricter: down to imprisonment for a term of three to six years.

Actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, relationships to religion, and equal to belonging to any social group committed publicly or using funds Mass or information and telecommunication networks, including the Internet "Internet, are punished with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to three years, or forced work on time From one year to four years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years, or imprisonment for a period of two to five years.

Part 2 of Art. 282 of the Criminal Code of the Russian Federation

The same acts committed:

a) using violence or with a threat to its use;

b) face using his official position;

c) organized by the group - shall be punished with a fine in the amount of three hundred thousand to six hundred thousand rubles or in the amount of wages or other income of the convicted person from two to three years, or forced work for a period of two to five years, with imprisonment of the right to hold certain positions or engage in specific activities for up to three years, or imprisonment for a period of three to six years.

Comment to Art. 282 of the Criminal Code of the Russian Federation

Commentary edited by Esakova G.A.

1. The objective side of the crime is expressed in the form of actions aimed at: a) to initiate hatred or hostility; b) humiliation of human dignity (groups of persons) on signs of gender, race, nationality, language, origin, relations to religion, as well as belonging to any social group. Alternatively, the method of performing actions (using the media) or the situation of their commission (public) is indicated. These actions are publicly disseminated by information, speeches at meetings, rallies, distribution of leaflets, posters, posting relevant information in journals, brochures, books, in information and telecommunication networks of common use, including the Internet. In information, it is indicated for inferiority or, on the contrary, the superiority of persons belonging to a certain race, nationality, etc.; The necessity is substantiated or genocide, mass repressions, deportation, the use of violence, the commission of other unlawful actions against representatives of any nation, race, denomination, etc.

The usual criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious customs does not fall under the action of Art. 282 CC. For objective signs of the crime, see paragraph 7 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 28, 2011 N 11 "On judicial practice in criminal cases on crimes of extremist orientation."
These actions using violence or the threat of its use; face using his official position; An organized group (part 2) form a qualified composition of the crime.

2. The subjective side is characterized by direct intent in order to excite hatred or hostility or to humiliate the dignity of the person (groups of persons) on the indicated features. Spellings or judgments using the facts of interethnic, interfaith or other social relations in scientific or political discussions and texts that do not pursue these goals are not subject to Art. 282 CC.

3. In the absence of reference to the intent on the mass spread of extremist materials qualifies under Art. 20.29 Administrative Code.

Commentary on Article 282 of the Criminal Code of the Russian Federation

Commentary edited by Rarog A.I.

1. The direct object of the crime is the constitutional principle of preventing extremism in the form of actions aimed at initiating hatred or hostility on ethnic, demographic or social characteristics.

2. The objective side is characterized by three types of action.

First, it can express any actions aimed at exciting hatred (i.e., a strong dislike) to a separate person or a group of persons.

We are talking about such actions that are contrary to the established in Art. 29 of the Constitution of the Russian Federation, the ban can cause a long state of acute mutual dislike between significant groups of people depending on their gender, language, nationality, race, origin, relationships to religion or belonging to any social group (deportation, the use of violence, the destruction of cult buildings, preventing national or religious rites, etc.).

Secondly, the objective side of this crime may be in actions aimed at initiating hostility (i.e., expressed in the objective form of hatred) between groups of people on any of those named in Part 1 of Art. 282 Criminal CC. Examples of such actions can serve as various forms of people in the signs of their nationality, race, origin or social status, mockery of culture, customs and traditions of any nation, etc.). In this case, the focus on the humiliation of the national advantage of a small group of even individual representatives, for example, a certain nation is determined by their belonging to this nation, and not the person of the victim and its personal qualities.

Thirdly, the objective side of the crime can be actions consisting in humiliation of the dignity of a separate person or a group of persons on any basis of the number mentioned above. This can manifest itself in promoting superiority or, on the contrary, the inferiority of citizens, as well as in an insulting person on the signs of its sex, race, nationality, language, attitudes towards religion, belonging to any social group. In this case, the focus on the humiliation of the dignity of a small group or even individual representatives of a certain social community is determined by their belonging to this group of people, and not the personality of the victim and its personal qualities.

3. The general and obligatory feature for all the described acts is that they are committed or publicly (in the presence of a significant number of people), or using the media.

4. The crime is recognized as completed from the moment of the commission aimed at the initiation of hatred or hostility, even if between groups of people belonging to various nations, races, religious confessions, social layers, etc., hatred or enmity did not actually arise or with The moment of action degrading person or group of persons on these features.

5. The subjective side is characterized by direct intent.

6. The subject of the crime is any person who has reached the age of 16, with the exception of a crime provided for by paragraph "B" Part 2 of Art. 282 of the Criminal Code, the subject of which is a special - a person who uses his official position for committing a crime.

7. The qualified composition of the analyzed crime is characterized by its commitment: a) with the use of violence or with the threat of its use; b) face using his official position; c) organized by the group.

Under the use of violence in relation to p. "A" Part 2 of Art. 282 of the Criminal Code It is understood as the causation of medium severity or easy harm to health at least one person, as well as any other violent actions that are not harmful to health if they do not contain a more serious crime (for example, torture on the motive of national, racial, religious hatred or hostility - n. "s" h. 2 of Art. 117 of the Criminal Code; the abduction of a person - Art. 126 of the Criminal Code, etc.).

Commentary on Article 282 of the Criminal Code of the Russian Federation

Commentary edited by A.V. Brilliantov

The basis of the prohibition contained in Art. 282 of the Criminal Code of the Russian Federation, there are norms of international law. The object of excitation of hatred or hostility, as well as the humiliation of human dignity is public relations, guaranteeing the recognition and respect for the equal dignity of the individual, regardless of any physical or social characteristics, which are one of the foundations of the constitutional system of Russia. The crime encroaches the foundations of the legal status of the personality: equality and non-discrimination. The idea of \u200b\u200bequality and non-discrimination not only determines the content of other human rights, but also forms the foundation of the national sovereignty, the foundations of the relationship between the individual and the state, people among themselves, and therefore it is organically included in the content of the basic values \u200b\u200bof the constitutional system. The honor and dignity of personality in the analyzed crime act as an additional object of encroachment.

The objective side of the crime is active, alternatively described in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation actions consisting in the initiation of hatred or hostility, but equally in humiliation of human dignity. The composition of the crime is formal.

As noted by the Plenum of the Supreme Court of the Russian Federation in the decision of June 28, 2011 N 11 "On judicial practice in criminal cases of crimes of extremist orientation", under the actions aimed at initiating hatred or hostility, should be understood by statements that substantiate and (or) approving the need Genocide, mass repression, deportation, committing other unlawful actions, including the use of violence, with respect to representatives of any nation, race, adherents of one or another religion and other groups of persons.

As the excitation of hatred or hostility should qualify the spread of malicious rumors and fabrications, undermining confidence and respect for another nationality (or other social or demographic group), causing a feeling of dislike to her. Actions performed for this purpose may be expressed in public speeches and calls, including in print and other media, in the manufacture, distribution of leaflets, posters, slogans, etc., as well as in the organization of meetings, rallies, demonstrations , in their participation in them in the above objectives (see Resolution of the Plenum of the Supreme Court of the USSR of December 23, 1988 N 17, "On Considering by the courts of cases related to crimes committed in the conditions of a natural or other public disaster"). The printing of materials exciting hatred or hostility, degrading person or group of persons, the preparation of television and radio programs of this nature themselves are prepared for the commission of an analyzed crime and in accordance with Part 2 of Art. 30 of the Criminal Code of the Russian Federation is not entrusted with criminal liability.

The general meaning of actions aimed at exciting hatred or hostility is to strive for the perpetrator to sow between people of various socio-demographic groups mutual distrust, alienation, suspicion, imperisibility, tension, dislike, passing into steady hostility. The following signs can be indicated about the origody of information, the following signs: the formation and reinforcement of a negative ethnic stereotype, a negative image of a nation, race, religion; transfer of various kinds of negative characteristics and vices of individual representatives for the entire ethnic, religious or other group; Approval of the initial hostility of a certain nation, race, religion with respect to the other; attributing hostile actions and dangerous intentions to one or another group; Approval about the presence of secret plans, conspiracies of one national or other group against another; Promotion, justification of genocide, repression, deportation against representatives of any nation, race, religion, etc.

To qualify actions on the signs of Art. 282 of the Criminal Code is required to be committed publicly or using the media.
The excitation of hatred or hostility, humiliation of the dignity of a person or group of persons can be verbally, in writing, by making any physical actions (breaking clothes, spit, etc.). To evaluate actions as criminal, it does not matter whether the disseminated ideas and statements are true or not. It is important to establish that these ideas and views are common and are not aimed at exciting hatred or hostility regarding a particular person.
The basis of hatred, hostility, humiliation of dignity The law calls signs of gender, race, nationality, language, origin, attitudes towards religion, belonging to any social group.

The floor (biological floor) is a set of anatomical, physiological, biochemical and genetic characteristics that distinguish a male organism from female and can be applied separately or in a complex for identifying and distinguishing a man from a woman; It is these signs that determine the role of individuals in the process of fertilization.

Rasa - a division of the appearance of a "man reasonable"; It is characterized by hereditary physiological characteristics associated with the unity of origin and a certain distribution area. The most clearly distinguish the three main groups of races: Neroid, Caucasoid and Mongoloid.

Nationality means personality belonging to any nation. The nation is a historically established community of people formed in the process of forming the generality of their territory, economic ties, literary language, characteristics of culture and spiritual appearance.

Language is a historically established system of sound, vocabulary and grammatical agents, objectiveness of the work of thinking and is an instrument of communication, exchange of thoughts and mutual understanding of people in society.

The origin is the birth belonging to any group (nation, class, class, etc.).

Attitude towards religion is perception or ignoring a certain person of worldview or minigration, as well as relevant behavior and specific actions (cult), based on faith in the existence of God or gods, supernatural.

Belonging to any social group means that a person refers herself to any group defined by social (and not biological) signs. These may be formal or informal associated personality related people with common interests (political parties, age-related layers, professional groups, etc.).

The crime is completed from the moment of the commission of any of the actions specified in Art. 282 of the Criminal Code of the Russian Federation The composition of the crime formal.

Crime provided for Art. 282 of the Criminal Code of the Russian Federation should be distinguished from the administrative misconduct and from some of the non-benefit activities related to the manifestation of freedom of speech and thought.

Thus, the question of whether the mass distribution of extremist materials included in the published federal list of extremist materials, a crime provided for by Art. 282 of the Criminal Code of the Russian Federation, or an administrative offense (Art. 20.29 of the Codex of the Russian Federation on Administrative Offenses), must be resolved depending on the direction of intent of the person distributing these materials. In the case when a person extends extremist materials included in the published federal list of extremist materials in order to initiate hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the signs of sex, race, nationality, language, origin, relationships to religion, and equally Accessories to any social group, who has been deleted by them should entail criminal liability under Art. 282 of the Criminal Code of the Russian Federation

Cannot be considered as a crime provided for by Art. 282 of the Criminal Code of the Russian Federation, the statement of judgments and conclusions using the facts of interethnic, interfaith or other social relations in scientific or political discussions and texts and not hate to initiate hatred or hostility, but equally to the dignity of a person or a group of persons on the basis of sex, races, nationality, language, origin, relationships to religion, belonging to any social group. The criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious customs in itself should not be considered as an action aimed at exciting hatred or hostility. Equally, criticism in the media of officials (professional politicians), their actions and beliefs themselves should not be considered in all cases as an action aimed at humiliating the dignity of a person or a group of persons, since in relation to these persons, the limits of permissible criticism wider than In relation to individuals.

From the subjective side, the analyzed crime is characterized by fault in the form of intent and a special goal - excitation of hatred, enmity, humiliation of the dignity of a person or group of persons.

Hate and feud - similar to the meaning of the concept, because of which it is not required to establish differences between them in practice. Enmity means relations or actions imbued with hostility and hate, and hatred, in turn, is a sense of strong hostility, anger. Neutral statement of one or another, even negative, the fact should not be considered as information exciting hatred or hostility. Equally does not contain signs of the crime, the statement of discussion nationalist ideas that are valid, i.e. Not exciting feelings of hatred and hostility to representatives of another nationality.

The motives of the commission of a crime may be different: racial, religious intolerance, revenge, political motives, careful, hooligan motives, etc. Without affecting qualifications, they can be taken into account when individualizing criminal punishment.

The subject of the crime is a physical sane person who has reached a 16 year old age.

The law provides for the qualifying signs of the crime under consideration. Excitement of hatred or hostility, but equal to humiliation of human dignity committed with the use of violence or with a threat of its use (p. "A" 2 Article. 282 of the Criminal Code of the Russian Federation), suggesting a crime intentional illegal causing physical pain or harm to human health against Or, in addition to his will or the use of threat of violence. The sign of violence in the composition under consideration always covers the deposition and causing easy harm to health. Violence - intentional act, in connection with which the consequences of careless harm to health should be qualified independently; An additional independent assessment should also receive violence accompanied by causing the victim of grave harm to health or murder.

The excitement of hatred, hostility, humiliation of the dignity of a person or a group of persons committed with the causation of the average severity of harm to health should be distinguished from the crime provided for by paragraph "E" Part 2 of Art. 112 of the Criminal Code of the Russian Federation, the difference should be carried out in the direction of the intent of the perpetrator. In a crime against health, intent is aimed at causing harm to a specific person, the figure of the victim, while in a crime against the security of the state, the intent for harming the health is not personalified. In a crime against personality, harm acts as a consequence of hatred or hostility, and in a crime against the state, the way of inciting hatred or hostility. In certain cases, when the violent excitement of hatred or hostility, as well as the humiliation of human dignity is carried out by extremist reasons, the qualifications of the crimes of the crimes provided for by Art are possible. Art. 112 and 282 of the Criminal Code of the Russian Federation

Threats to the use of violence as a sign of excitement of hatred or hostility can be expressed in threats to beatings, causing harm to the health of any gravity, murder. Commitable signs of threats are its reality and reality.

On the use of official position as a qualifying sign of excitation of hatred or hostility, as well as humiliation of human dignity provided for by paragraph "B" part 2 of Art. 282 of the Criminal Code of the Russian Federation, see a comment on Art. 127.1 of the Criminal Code of the Russian Federation

The excitation of hatred or hostility, as well as the humiliation of human dignity committed by the organized group (paragraph "in" Part 2 of Art. 282 of the Criminal Code of the Russian Federation), mean that the crime is committed as a sustainable group of persons who have joined in advance for the commission of this particular crime (see Comment to Art. 35 of the Criminal Code of the Russian Federation). In fact, it is about committing a crime by the extremist community, and therefore p. "In" Part 2 of Art. 282 of the Criminal Code may be imputed only in aggregate with the crime provided for by Art. 282.1 of the Criminal Code

The excitement of hatred, hostility, the humiliation of dignity is often accompanied by public calls to the implementation of extremist activities, the organization of mass riots, and therefore the dedicated must be qualified according to the rules of the combination of crimes.

Increable, in cases of committing vandalism, destroying or damageing monuments of history and culture, abuse on the bodies of the dead and places of their burial on the reasons for political, ideological, racial, national or religious hatred or hostility either based on hatred or hostility regarding any social Groups, the deed qualifies if, along with these acts, the actions provided for by Art were committed. 282 of the Criminal Code of the Russian Federation (for example, if inscriptions or drawings of the appropriate content are applied to the monuments, nationalist slogans were expressed in the presence of unauthorized persons), for the combination of crimes provided for by Art. Art. 214, 243 or 244 of the Criminal Code of the Russian Federation and Art. 282 of the Criminal Code of the Russian Federation

Video about Art. 282 of the Criminal Code of the Russian Federation

1. Actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on signs of gender, race, nationality, language, origin, relationships to religion, and equals belonging to any social group committed publicly in including using the media or information and telecommunications networks, including the Internet, face after it is involved in administrative responsibility for a similar act within one year, -

shall be punished with a fine in the amount of three hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to three years, or forced work for the period from one year to four years with deprivation of the right to hold certain positions or engage in certain activities on Time to three years or imprisonment for a period of two to five years.

2. Actions aimed at exciting hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, relationships to religion, and equals belonging to any social group committed publicly in including using the media or information and telecommunications networks, including the Internet:

a) using violence or with a threat to its use;

b) face using his official position;

c) organized by the group -

shall be punished with a fine in the amount of three hundred thousand to six hundred thousand rubles or in the amount of wages or other income of convicts for the period from two to three years, or forced work for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a period Up to three years, or imprisonment for a period of three to six years.

Comment to Art. 282 of the Criminal Code of the Russian Federation

The commented article 282 of the Criminal Code of the Russian Federation is the implementation of the constitutional principle of the inadmissibility of extremism as an act aimed at exciting hatred or hostility.

The norm contained in it is aimed at protecting public relations, guaranteeing the recognition and respect for the dignity of the person, regardless of any physical or social characteristics, and establishes criminal liability for any actions, but only for those that are committed with intent, aimed at exciting hatred or Enjelaries, as well as to humiliate the dignity of a person or group of persons, in connection with which the constitutional rights of citizens do not violate, and protects.
———————————
Definition of the COP of the Russian Federation of 19.02.2009 N 154-Oh "On the refusal to accept the complaint of a citizen Chulkin V.A. For violation of its constitutional rights of Article 282 of the Criminal Code of the Russian Federation.

2. The subject of the encroachment is public relations in the field of equality of citizens, regardless of their gender, language, origin, classes, national, racial, or attitudes towards religion.

3. From the objective side, the composition of the crime is to provide active impact on people with the help of documents, words, drawings and actions undertaken to encourage them to commit certain actions, the birth of them determination and desire to make certain actions or contribute to the existing intent. The composition of the crime is formal, is considered to be completed from the moment of the commission of at least one action aimed at initiating hatred or hostility, but equally to the humiliation of human dignity or a group of persons on the signs of their belonging to a certain sex, race, nationality, language or depending on the origin, Relationships to religion, belonging to any social group.

4. Actions aimed at exciting hatred or hostility, but to humiliate the dignity of a person or group of persons on the basis of gender, race, nationality, language, origin, relationships to religion or belonging to any social group, entail criminal liability for h. 1 commented on Article 282 of the Criminal Code of the Russian Federation only if they are committed publicly or using media (for example, speeches at meetings, rallies, distribution of leaflets, posters, placement of relevant information in journals, brochures, books, in information and telecommunication networks in general Use, including the Internet, and other similar actions, including those designed for subsequent familiarization with other persons).

Under the hostility, not only the motives should be understood, but also relations and actions imbued with hostility, hatred.

The humiliation of the honor and dignity of a person or group of persons is a negative assessment of a generalized form, aimed at its discreditation, undermining a person's authority, both in the eyes of others and its own, as the honor and dignity - the moral categories associated with the evaluation of the person surrounding And the self-esteem of a person in his consciousness of a particular person.
———————————
Definition of the Armed Forces of the Russian Federation of 08.04.2010 N 65-O10-1.

Under the actions aimed at exciting hatred or hostility should be understood, in particular, the statements that are justifying and (or) approve the need for genocide, mass repressions, deportations, the commission of other unlawful actions, including the use of violence, with respect to representatives of any nation , races, adherents of one or another religion and other groups of persons. The criticism of political organizations, ideological and religious associations, political, ideological or religious beliefs, national or religious customs in itself should not be considered as an action aimed at exciting hatred or hostility.

5. Publicity involves an appeal to the uncertain, as a rule, a wide range of persons. If such an appeal is addressed to one or several specific persons, such actions do not form publicity.

6. When establishing the actions aimed at the humiliation of the dignity of a person or a group of persons, the courts must take into account the provisions of Art. Art. 3 and 4 declarations about the freedom of political discussion in the media adopted by the Committee of Ministers of the Council of Europe on February 12, 2004, and the practice of the European Court of Human Rights, according to which politicians seek to enlist public opinion, thereby agree to become the object of public political discussion. and criticism in the media; Government officials may be criticized in the media regarding how they fulfill their duties, as it is necessary to provide the vowel and responsible fulfillment by their authority. Criticism in the media of officials (professional politicians), their actions and beliefs themselves should not be considered in all cases as an action aimed at humiliating the dignity of a person or a group of persons, since in relation to these persons the limits of permissible criticism wider than in relation to individuals (Section 7 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 28.06.2011 N 11).

7. The media is the means of reporting a different kind of information (visual, sound, verbal), calculated on the mass audience and operating on an ongoing basis (for example, television, radio broadcasting, newspapers, magazines, global computer networks, including the Internet).

8. Excitation of hatred, hostility, and equal to humiliation of human dignity can lead to the emergence of mass riots, armed rebellion and other crimes. In such cases, the deed should be qualified for the aggregate of crimes.

The law does not specify the actions characterizing the objective side of the crime, but indicates only on their focus, on the initiation of national, racial or religious hostility (calls for violence with persons of other nationality, deportation, etc.), to humiliate national dignity (insults affecting National feelings, slander on racial or religious signs, etc.). This may be the propaganda of exclusivity, superiority or inferiority of citizens on the basis of their relationship to religion, national or racial affiliation.

9. It is not a crime under the commented article, the statement of judgments and conclusions using the facts of interethnic, interfaith or other social relations in scientific or political discussions and texts and not pursuing the goals to excite hatred or enmity, but equally to humiliate the dignity of a person or a group of persons on features gender, race, nationality, language, origin, relations to religion, belonging to any social group (paragraph 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 28.06.2011 N 11).

10. The subject of act is a physical, sane person who has reached the age of 16.

11. The crime is performed only with direct intent and in order to excite hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of sex, race, nationality, language, origin, relationships to religion, belonging to any social group.

The question of the presence in the actions of a person spreading materials included in the published federal list of extremist materials, signs of a crime or administrative delicate deciding depending on the direction of the intent of the person (paragraph 8 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 28.06.2011 N 11).

In solving the question of the delimitation of the commented composition of the crime with the adjacent, envisaged, and others, it should be borne in mind that violence applied in the commission of a crime provided for by the commented article is not only an expression of hatred regarding a particular victim, but also aims to achieve a special purpose. - excitation of hatred or hostility in other people (as, for example, may indicate the use of violence in public places in the presence of unauthorized persons against the victim (victims) on the basis of belonging to a certain race or nationality, accompanied by racist or nationalist statements).

12. Part 2 of the Commented Article 282 of the Criminal Code provides qualifying signs of a crime.

First of all, it is committed to those described in part 1 of this article of actions, using violence or a threat to its application. This refers to both physical and mental violence (threat). The degree of violence law does not indicate, therefore, it can be any and affects the qualifications. However, if violence led to the murder of the victim or causing grievous harm to health, then the deed should be qualified for the aggregate of crimes.

Violence applied when committing a crime provided for by a commented article is not only an expression of hatred in respect of a particular victim, but also aims to achieve a special goal - excitation of hatred or hostility in other people (as, for example, may indicate the use of public places in the presence unauthorized persons of violence against the victim (victims) on the basis of belonging to a certain race or nationality, accompanied by racist or nationalist statements) (paragraph 9 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 28.06.2011 N 11).

The commitment of this crime by the person using the official position (Special Subject) suggests that these actions are performed not only by official, but any other persons whose official position allows them to use it to commit this crime.

Persons who use their official position include, in particular, officials with signs provided for by state or municipal employees who are not officials, as well as other persons meeting the requirements provided for.

Using the official position (paragraph "b" part 2 of article 282 and) is expressed not only in intentional use of their official powers specified above, but also in providing influence on the basis of the importance and authority of their position on other persons in order to commit them Actions directed, in particular, on the initiation of hatred or hostility, as well as to humiliate the dignity of a person or a group of persons on the basis of gender, race, nationality, language, origin, attitudes towards religion, as well as belonging to any social group.

A qualifying feature is also the commission of a crime with an organized group.

13. The crime under consideration according to the law () refers to the crimes of moderate severity.

Extremism (Article 282 of the Criminal Code of the Russian Federation) is one of the most discussed bidding in our day. The consequences to which the inclination of an interethnic retail leads are not indicated in 282 of the article of the Criminal Code of the Russian Federation, but not everyone knows about them. In various states there are methods to combat those who make this act. All of them are reduced to the punishment, which is provided for by the criminal codecs of various countries. Reducing the number of propaganda in society is the main task of modern legislation. Why in the Criminal Code of the Russian Federation Extremism is considered the most dangerous crime, what are the penalties used in the Russian Federation and other countries?

A very serious and dangerous act that chaos contributes to modern society and the consequences of which are truly irreversible, is to incite an interethnic retail.

Wikipedia can find a lot of information about this offense and how is interpreted in various countries.

For example:

  • in accordance with Article 161 of the Criminal Code of Ukraine "Violation of Equality of Citizens, depending on their racial, nationality or attitudes towards religion," punishment for committed acts may vary from fine to imprisonment for ten years.
  • in Kazakhstan, this offense regulates Article 174 "Excitation of a social, national, generic, racial, estate or religious retail", and in this article also notes the fact that the dissemination of information through audio recordings on the network and with other means of communication is also punishable.
  • in the German Criminal Code, this offense regulates Article 130. It states the following: in case of public unrest, if they are a consequence of actions aimed at insulting or excitement of nationalist dislike, the culprit can be punished in the form of five years of conclusion.
  • The Supreme Court of the Netherlands comes in itself as follows: it is important not the intention of this atrocity, but the form it has accepted .

In this country and a number of other European countries, it is important exactly what is said, and not what it is said for.

The legislation of the Russian Federation differs little from European in this case. The Plenum of the Supreme Court of the USSR determined the following: the main task of actions aimed at the initiation of hostility is the creation of mutual misunderstanding and distrust between people who relate to different socio-demographic groups. The creation of a negative image of the nation, its maintenance and culture inevitably leads to the emergence of stereotypes and constancy in society.

In the Russian Federation, inciting an interethnic retail (282 of the Criminal Code of the Russian Federation) is punishable as follows:

  • fine (300-500 thousand rubles);
  • forced work (1-4 years);
  • conclusion in custody (2-5 years).

If the atrocity was a completely group of people, including the use of violence, or those who took advantage of the offense with their position in the service, the article of the Criminal Code of the Russian Federation 282 provides for the following penalties for the defendant in this case:

  • penalty (300-600 thousand rubles);
  • forced or correctional work (2-5 years);
  • imprisonment (3-6 years).

In addition, who committed this crime will not be able to subsequently hold a number of posts for three subsequent years (for example, if the serviceman has been performed).

As in the case of other offenses, the commission of the crime of a group of persons is punished by severe.

In some cases, the humiliation of honor and dignity of personality regulates the Code of Administrative Offenses of the Russian Federation. Actions falling under Article 5.61 of the Administrative Code of the Russian Federation (insult) do not lead to mass riots and divide in society, so they are defined as a serious criminal offense. Under an insult in this context, it implies the usual humiliation of a person or dignity that occurs in a rough form. For this, the media, for example, the Internet can be applied. The law provides for the following types of punishment for the trendy:

  1. Fine (ordinary citizens: 1-3 thousand rubles, persons engaged in high positions: 10-30 thousand rubles, legal entities: 50-100 thousand rubles).
  2. In case of public insult, the penalty increases (ordinary citizens: 3-5 thousand rubles, persons occupying high positions: 30-50 thousand rubles, legal entities: 100-500 thousand rubles).
  3. If a certain authoritative person admits a public insult, a penalty charged with him becomes the following (officials: 10-30 thousand rubles, legal entities: 30-50 thousand rubles).

The main difference between the insult, the commission of which regulates the Code of Administrative Offenses, and the incorporation of an interethnic retail is that the second leads to more serious consequences. The result of such actions may be the emergence of public conflicts and confrontation. Therefore, the law provides for different punishment measures for making crime data.

Any citizen of the Russian Federation has the right to apply to the local law enforcement agencies if he owns information regarding anyone who deals with activities aimed at extremism, as well as one who is in contact with people who are engaged in extremism.

The commentary, which is attached to Article 282 of the Criminal Code of the Russian Federation (excitement of hatred or hostility, as well as humiliation of human dignity), explains the following:

  • as soon as the atrocities are committed, the crime is considered to be completed and completed;
  • the objective side is the actions themselves, which are the basis for exciting hatred, hostility, humiliation of dignity for a number of signs (gender, national and religious affiliation, native language, belonging to social minorities). Any encroachment on the above properties of an individual or a group of persons, which is accompanied by the destruction and destruction of the cults of the cult, including with the use of violent actions - and there is an objective of the offense;
  • violent actions may include harm to health people;
  • the subjective side of this offense is the direct intent among the person to perform this atrocity;
  • the subject can be only a person who has reached the age of sixteen. In accordance with the Criminal Code, the age of criminal responsibility is 14 years. However, in this case, if the atrocity makes someone who has not reached the age of sixteen and especially the age of majority, the responsibility for his actions lies on parents or guardians.

Sometimes actions aimed at extremism and accompanied by manifestation of hatred relative to social groups can lead to irreversible consequences, including open confrontations.

Probably, such actions can lead to the beginning of the civil war and full disclaims within the state. Therefore, the law calls for everyone to control their thoughts and statements to avoid such consequences.

As judicial practice shows, the law is not always fair as part of this article. Here are some flagrant cases:

  1. In accordance with Article 282 of the Criminal Code of the Russian Federation, the prosecutor's office accused a citizen of the Russian Federation who participated in a rally called "Enough to feed the Caucasus!", Which was held in October 2011, in the fact that he applied disapproving language tools in relation to the people of a different nation. This was that he shared the Russian group and the Caucasian group, which was called "negative information towards the latter."
  2. In Tula, law enforcement officers, appearing in the bookstore under the guise of ordinary buyers, asked the seller to express their opinion regarding the book, which was subsequently recognized as extremist. After the seller approvingly responded about the book, he was detained, and later convicted in accordance with Article 282 of the Criminal Code of the Russian Federation.
  3. A citizen of the Russian Federation was found guilty in accordance with the first part of Article 282 of the Criminal Code of the Russian Federation for incorrect statements while reading the lecture, during which he allegedly lost his hostility against civil servants. His book, based on the events of the famous painting V. Vasnetsov "Prince Oleg and Volkhv", was also recognized as extremist, since it allegedly present a non-verbal manipulation. The concepts of "rotten" and "false" used in the book took to the description of the modern state system, which was the cause of the conflict.

Obviously, sometimes drawing liability under Article 282 of the Criminal Code of the Russian Federation occurs in completely absurd situations. Often, the reason for this becomes a lot of flaws and shortcomings in this legislation, which you will learn next.