For Russia, as a multinational state, the problem of extremism is especially acute, and, unfortunately, the number of situations related to inciting ethnic hatred is steadily growing. Legal experts agree that this crime is one of the most serious, because it can provoke not just a conflict, but lead to civil strife and civil war.
The legislation in this case must be clear and unvaried in order to exclude the possibility of finding “loopholes” in the law for those who have committed such a crime. Next, we will figure out how extremist actions are regulated, what the article of the Criminal Code of the Russian Federation is for inciting ethnic hatred, and what happens under the law for insulting national dignity.
Concept
In order to more accurately analyze the composition and understand what follows from where, it is necessary to know the concept of a particular crime. So, let's begin.
Inciting ethnic hatred
Nations and peoples live side by side in the vast expanses of our vast country.
Everyone has their own views on life, their own faith and their own traditions that have been formed over centuries.
You can’t just go ahead and somehow accuse this or that race of not being what it is .
But, unfortunately, this is often what happens.
Several members of one race insult another and receive backlash in return. , fratricidal warriors began centuries ago .
Despite the fact that we live in a civilized society, not many of us know how to respect other people's opinions and other people's nationality.
If you give high-profile examples from history, then you only need to remember Nazi Germany.
Inciting interreligious hatred
Each nation has its own shrine. Some worship God by participating in prayers, some worship a being of divine origin, some worship the laws of nature, and some do not believe in anything at all.
Be that as it may, this is such an intimate and personal situation that no one should know about it except the person himself and his loved ones.
However, in every religion there are so-called religious fanatics who seek not only to convert people to their side, but also to eradicate other religions.
Inciting interracial hatred
Each of us remembers from biology lessons that our land is inhabited by peoples belonging to one race or another.
Thus, the dislike and hostility of one to the other is not conditioned by anything, but still people come up with all sorts of reasons in their minds, and in view of these conclusions, crimes are born.
Types of discord
There are three types of intolerance qualified by law:
- Interethnic strife. Those who commit crimes of this kind consider some nations to be worse than others. The crimes themselves relate to insults towards representatives of other nationalities or physical actions that cause damage to their health;
- Interreligious strife. Hatred based on religious differences. Although in the 21st century it would seem that the time of religious strife should be left behind, in practice it has not disappeared;
- Interracial strife. Harassment of members of another race. In some countries, such phenomena have been systemic for many years. In Russia, this is manifested in the interpersonal relations of the bearers of such racist ideas with other people living in the country.
All types of incitement to hatred and enmity are interconnected, and often come down to an exaggerated sense of personal superiority, which a person extends to all spheres of life and seeks some ideological confirmation for his views.
Goals
These crimes can have many goals, let’s look at the main ones. So, for example, people can be driven by fanatical thoughts that there is one god, one noble race, or one chosen nation.
In this case, people are driven by the goal of a kind of cleansing from the rest that seems wrong.
Also, such conflicts are used to undermine the unity of the state .
If within the country people turn against each other, the state will become weak and emotionally easily divided, which also cannot have a positive impact on the lives of its citizens.
Possible prerequisites
The success of resolving existing conflicts will largely depend on the correct determination of the cause of their occurrence . Most often, this is a serious deformation in national politics, as well as dissatisfaction with the situation of a nation or group of people that has accumulated over many decades. Sometimes even the slightest spark is enough for a bloody conflict to break out, which will be extremely difficult to resolve in the future.
Typically, interethnic conflicts manifest themselves against the backdrop of a deteriorating economic situation in the country; experts even provide graphs and tables of the direct relationship between the growth of tension and the state of households. This leads to social dissatisfaction when one group or nation receives certain privileges from the state, while another community is forced to endure the hardships and deprivations of poverty. A classic example of interethnic conflicts are wars in Africa, which arise against the background of a depressed economy and poverty of the population.
In post-Soviet countries, the causes of conflicts are the artificiality of creating separate states, the ossification of the governance structure, as well as the reluctance to see and solve problems that can lead to numerous national or ethnic clashes and general tension.
Another reason for the development of interethnic state conflicts is the historical factor. In the past, different ethnic groups could fight for territory and were dependent on each other, which led to restrictions on rights, infringement of national interests, traditions, culture and language. Today, when such nations find themselves in the conditions of one country and compact residence, historical relationships and past problems are not forgotten, they are gradually smoldering, and the slightest reason is enough for the development of a clash or even a full-scale war.
Law on inciting ethnic hatred (what article is in the Criminal Code of the Russian Federation?)
Legislators and legal theorists have long considered this article one of the most terrible, because, in fact, such a crime can easily lead to civil war, which means it can take the lives of thousands of innocent people.
The Criminal Code of the Russian Federation of our country has long contained a norm that gives the concept of this crime and provides for punishment for it. This is article 282 .
Thus, this crime is certainly criminally punishable .
What else needs to be kept in mind when faced with such a crime?
First of all, it is necessary to understand that committing such a crime entails irreversible consequences in the form of death and serious harm to health, which is why it must be stopped immediately.
Forms of conflicts
There are several basic civilized and uncivilized forms of conflict. This can be either discrimination based on nationality or religion, or open clashes leading to mass unrest and local wars. It is customary to distinguish the following forms and types of interethnic conflicts:
- local separatist and civil wars;
- mass riots with gross violation of individual rights;
- religious fundamentalism.
The latter is the most dangerous, since differences in religion often lead to mass riots and ethnic cleansing. Subsequently, solving such problems and reconciling warring nations can be extremely difficult, and often even impossible.
Criminal legal characteristics
In Russia, such crimes are criminally punishable, which means they humiliate the dignity of every person .
Such crimes are not only directed against specific people, very often they are aimed at eradicating the existing political system .
In addition, the commission of crimes under Article 282 of the Criminal Code of the Russian Federation is aimed at humiliating human dignity .
It doesn't matter how the crime is committed. It certainly leads to violence and other, not the most pleasant consequences for every person faced with such acts.
If we talk about motives, they can also be very different. So, they can be dictated by political overtones , personal and national .
We will consider these points in more detail when analyzing the crime and a detailed analysis of its composition.
Use of violence
According to paragraph “a” of the second part of Article 282 of the Criminal Code, the use of violence or the threat of its use is a qualifying feature. It involves the unlawful intentional infliction of pain or physical harm on a person against the latter's will.
The said harm must be extremely mild. If the injuries inflicted are more severe, the actions of the criminals are subject to additional qualifications. If inciting hostility led to the careless infliction of minor harm, the punishment under Article 282 of the Criminal Code will be applied under the first part, and the harm caused will be classified separately.
Corpus delicti
If we talk about the object of this crime, then, of course, first of all, it is what is most easily susceptible to offense when insulted - this is the direct honor of citizens and their dignity .
Also their rights, which are secured not only by legislative acts, but also by the most important legal act of our country - the Constitution of the Russian Federation.
Sometimes the object of such crimes can be the lives of citizens and their health, because such conflicts certainly lead to various kinds of clashes, and therefore can become the real cause of someone’s death.
The objective side of this crime can be expressed not even in one, but in several acts, each of which should be considered in as much detail as possible.
Thus, the first thing you should pay attention to is actions that are aimed at inciting conflicts.
This could be simple propaganda that will win people over to their side and point out the shortcomings of their faith, race, and so on.
Propaganda can force people into a particular way of life, either peacefully or through threats .
Everything can spread through conversations, print, television and so on.
The second action that constitutes the object of the crime is actions that humiliate dignity .
These actions well characterize various kinds of insults, humiliation, and offensive arguments.
The third action is promoting the exclusivity of any view, faith or race.
Agree, all these actions taken together, or each individually taken in its own way, are unpleasant for every member of society, which is why they should be avoided.
The subject of this crime is a person who, as a general rule, has legal capacity and sanity, and has also reached the age of 16 years .
The subjective side of this crime deserves close attention.
Of course, there is direct intent here. That is, criminals are aware of the act they are committing, they know what socially dangerous consequences lurk as a result of its commission, and they really want such consequences to occur as soon as possible.
Development factors
In each case, the factors and causes of interethnic conflicts are different. Problems can appear out of nowhere or brew for decades when neighboring nationalities have cultural differences or territorial claims. Factors influencing the development of interethnic conflicts include:
- type of settlement;
- national composition in the region;
- age of the socially active group;
- social status;
- relationship history;
- Political Views;
- the level of education.
Regardless of the factors that lead to the development of interethnic conflicts, the result is a massive violation of the rights of citizens and existing laws. In the absence of proper control by the state, this can lead to ethnic cleansing and full-fledged war. A similar thing was noted in the former Yugoslavia, where the federal center tried with all its might to preserve a rapidly disintegrating multinational state. As a result, ethnic cleansing was observed in various regions of Serbia.
The same applies to African countries, where interethnic conflicts have become an everyday part of the life of the local population. On the dark continent, armed clashes constantly break out between different tribes, and their cause is not only the possible division of territory and natural resources, but also the hatred between clans that has accumulated over the years.
Qualifying features
This crime has quite a lot of qualifying features, and all because the elements of this crime are very multifaceted.
Thus, crimes can be committed using violence dangerous to any citizen , or in the event of a threat of such violence.
Another, undoubtedly important and aggravating qualifying feature is the use of official position .
If the crime was committed not by one specific person, but by a whole group who acted according to a clearly thought-out plan, then, undoubtedly, this composition is qualifying , and therefore the punishment for it will be appropriate.
In the Internet
The abundance of websites, social networks and portals provide a whole field for creativity for people who have intentions to commit a crime under Art. 282 of the Criminal Code.
Of course, the Internet assumes that the offender is insulting, but it is almost impossible to identify him.
It turns out that our law enforcement agencies already have cases that were successfully solved, and the perpetrators were brought to justice in just such cases.
It is very easy to identify the offender by IP address .
It will be difficult, however, to prove his involvement in writing insults.
Thus, even if a citizen was insulted on the Internet, punishment will inevitably come .
Where to go and how to prove it?
To bring to justice a person who spreads ideas of hatred and enmity, you need to write a statement to the police. But first it is necessary to collect evidence of illegal actions:
- Audio and video recordings of statements or actions;
- Witness statements;
- Printed materials or links on the Internet to articles containing calls for ethnic, racial or other hatred. The author of the articles must be a suspect in the crime.
All these materials must be attached to the application to the police.
What punishment and responsibility are provided?
Responsibility for this crime is quite serious and significant , especially if the crime is burdened with qualifying characteristics.
So, in this case, it is necessary to familiarize yourself not only with the Criminal Code and the sanctions described in it, but also with other legislative acts, including presidential decrees .
So, as for the punishment for acts that are not burdened with qualifying criteria, here we can definitely say that it is not too severe.
According to Part 1 of Art. 282 of the Criminal Code of the Russian Federation , punishment can be in the form of a fine, deprivation of the right to hold certain positions and, of course, imprisonment. In addition, the legislator proposes correctional, compulsory and forced labor for a long period.
As for crimes burdened with qualifying criteria, the punishment here can be many times greater . However, each case is individual and the unbiased opinion of the judge must also be taken into account.
Responsibility for a crime in other countries
In Germany, France, the Netherlands, India, Israel, Ireland and a number of other countries, the punishment for inciting ethnic hatred is no less severe - up to 5 years in prison, and it does not matter whether the perpetrator had intent or whether his words entailed any negative consequences. In Ireland, a threatening or offensive word is enough to cause you to lose your freedom. In Israel, you can go to prison not only for uttering a racist expression, but also for possessing various publications that contain a hint of ethnic hatred. It is worth noting that in some countries (France) the fact of the genocide of Jews by the Nazis is recognized at the legislative level, and anyone who does not recognize it commits a crime.
Committing a crime by an organized group
According to the comments of the legislation specified in paragraph “c”, the actions are qualified as extremism. Russian Article 282 establishes the most stringent liability for such acts.
Due to the fact that the act specified in this paragraph was committed by a stable group of people who united in advance to carry out specific criminal acts, punishment for their activities as extremists is qualified under Article 282 in conjunction with 282.1.
Most often, such actions occur in parallel with the organization of mass riots, so the acts are considered as a set of criminal offenses.
Use of official position
If the guilty person, when carrying out actions under Article 282, used his position of power or his advantages in his position, such acts are qualified under paragraph “b” of the second part of the article.
The legislator considers the use of the provision to be an aggravating feature, since a person who has power and uses it for personal gain violates the legal foundations of the state and undermines its authority.
Humiliation of human dignity in Article 282 is equivalent to the actions discussed in Article 127.1 of the Code. The legislation of most foreign countries includes articles with similar crimes.
