Bagandova L.Z. —
The formation of criminal liability for the crime of aggression in international law at the end of the XIX - first half of the XX century
// Law and Politics. – 2024. – ¹ 6.
– P. 51 - 65.
DOI: 10.7256/2454-0706.2024.6.70934
URL: https://en.e-notabene.ru/lpmag/article_70934.html
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Abstract: The subject of this study is an act of aggression as a crime, according to the provisions of international criminal and international humanitarian law. The article examines in detail the prerequisites for the formation of legal, in particular, international legal responsibility for the commission of acts of aggression. The author believes that the end of the XIX century became the starting point for the development of legal responsibility for the conduct of aggressive wars, as well as the nature of their conduct. Special attention is paid to the fact that the provisions enshrined in the Charter and the Verdict of the Nuremberg Tribunal have become imperative norms of international law in terms of fixing international crimes, as well as the principles of responsibility for their commission. It is separately noted that the verdict of the Tribunal became an act of increased strength of the people against the commission of crimes of aggression. The research methodology includes the use of such methods of legal science as historical, formal legal, systemic, as well as methods of analysis and dialectics. The novelty of this study lies in the fact that the work is a comprehensive detailed study of the process of establishing international criminal responsibility for the crime of aggression in the period from the end of the XIX century to the first half of the XX century. The author analyzes the historical and legal aspects of this process, considering various international documents, agreements and events of that time. The special contribution of the author of the study is expressed in the fact that based on an extensive analysis, the author, through the prism of legal doctrines, international norms and historical reality of the time period under consideration, draws conclusions about what factors influenced the development of understanding of the crime of aggression and why the legal status of criminal responsibility in this area began to form at that time.
Bagandova L.Z. —
Rehabilitation of Nazism as a crime under the criminal legislation of the Russian Federation: objective signs
// Police activity. – 2024. – ¹ 5.
– P. 10 - 26.
DOI: 10.7256/2454-0692.2024.5.71767
URL: https://en.e-notabene.ru/pdmag/article_71767.html
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Abstract: The subject of this study is the objective signs of the prohibition of the rehabilitation of Nazism in Russian Federation criminal law. The author pays special attention to the definition of the object of the considered corpus delicti and notes that the direct object of the corpus delicti provided for in Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is public relations to ensure the international security of mankind in connection with the revival of the ideology of Nazism. The author claims that the second corpus delicti, enshrined in Part 3 of the article in question, has a different object, different from the generic object of the corpus delicti provided for in part 1 of the norm in question – this is not the peace and security of mankind, but the public morality of the population. In this regard, it seems more correct to place this composition in the form of a separate norm in the chapter "Crimes against public health and public morality". The methodology of the research consists of such methods as historical-legal, formal-legal, universal dialectical and logical. The author argues that the new norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that constitute the objective side of the present corpus delicti, makes it difficult to identify and bring to justice under this norm. The author emphasizes the importance of considering aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the real crime is often committed in the Internet environment. Separately, the author examines the signs of the objective side of the considered corpus delicti, in particular, the criminal law prohibition on approving crimes established by the verdict of the International Military Tribunal for the Court and War Criminals of the European Axis countries.
Bagandova L.Z. —
Distinguishing the rehabilitation of Nazism from related crimes: theory and practice
// Police activity. – 2024. – ¹ 4.
– P. 1 - 13.
DOI: 10.7256/2454-0692.2024.4.71117
URL: https://en.e-notabene.ru/pdmag/article_71117.html
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Abstract: The subject of this study is the criminal law prohibition
on the rehabilitation of Nazism, established by the criminal legislation of the Russian Federation. The author emphasizes the importance of considering aspects of the qualification of this act in the presence of a large number of related crimes, which in all their elements are very close to the one under consideration. The article examines in detail such crimes that are classified as extremist, as well as vandalism, slander, destruction or damage to military graves, monuments, obelisks, other memorial structures or objects perpetuating the memory of those who died defending the Fatherland or its interests, or dedicated to the days of military glory of Russia. The author draws attention to the presence of similar features of the corpus delicti aimed at prohibiting the rehabilitation of Nazism with administrative offenses, in particular, with article 20.3 of the Administrative Code of the Russian Federation. The methodology of the research consists of such methods as formal legal, logical, systematic, as well as the method of analysis. The novelty of this study lies in the complexity and comprehensiveness of the consideration of the stated issues. The author argues that the difficulty of qualification lies in the fact that actions can simultaneously fall under both "extremist" crimes and directly under the corpus delicti, which enshrines the prohibition of rehabilitation of Nazism. The author concludes that the identification of extremism and the prohibition on the rehabilitation of Nazism is incorrect, and Article 354.1 of the Criminal Code of the Russian Federation is special in relation to Article 282 of the Criminal Code of the Russian Federation. The author's special contribution is manifested in a large number of analyzed sources of judicial practice from different years, on the basis of which the author drew his conclusions and justified the terminology used by the legislator in constructing various provisions of Article 354.1 of the Criminal Code of the Russian Federation.
Bagandova L.Z. —
Prohibition of the rehabilitation of Nazism in international and foreign legislation: evolution and analysis
// International Law. – 2024. – ¹ 2.
– P. 54 - 65.
DOI: 10.25136/2644-5514.2024.2.71730
URL: https://en.e-notabene.ru/wl/article_71730.html
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Abstract: The subject of this study is the prohibition of Nazism rehabilitation, established by international law, as well as the criminal legislation of individual States. The author emphasizes the importance of considering aspects for the most effective application of the above-mentioned norm within the Russian legal framework. The author examines in detail such international treaties as the Universal Declaration of Human Rights of 1948, the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the Convention on the Prevention and Punishment of the Crime of Genocide of 1948, the International Convention on the Elimination of All Forms of Racial Discrimination of 1965 and other acts of international organizations. Considerable attention is paid to the criminal legislation of foreign countries: Germany, Austria, Romania, France, CIS countries and others. The methodology of the research consists of such methods as formal legal, logical, systemic, comparative legal, as well as the method of analysis. The scientific novelty of this study lies in the fact that for the most effective application of the above-mentioned norm, a comprehensive analysis of international and foreign legislation is carried out for the presence of norms prohibiting the rehabilitation of Nazism. According to the results of the study, the author comes to the conclusion that in modern foreign criminal legislation there are three main types of regulation of criminal liability for the rehabilitation of Nazism. The author also revealed a tendency that the criminalization of the manifestation of Nazism in foreign countries mainly takes place in the form of consolidation of norms on crimes of denial, justification of the Holocaust, or as one of the factors of inciting social discord. The author stressed that for a more complete regulation of the issues considered, it is necessary to develop and adopt a single international treaty reflecting the prohibition on the rehabilitation of Nazism and its individual manifestations.
Bagandova L.Z. —
The application of retroactive force of the criminal law in relation to the crime of genocide: international and national aspects
// International Law and International Organizations. – 2024. – ¹ 1.
– P. 56 - 69.
DOI: 10.7256/2454-0633.2024.1.69938
URL: https://en.e-notabene.ru/mpmag/article_69938.html
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Abstract: The subject of this study is genocide as a crime against the peace and security of mankind. The author raises the problem of the possibility of applying the retroactive force of the criminal law to an act of this kind, despite the absence of such a provision in article 10 of the Criminal Code of the Russian Federation. Special attention is paid to issues of international law, as well as judicial precedents related to the consideration of disputes on this issue. Considering the latter, the author subjects them to a deep systematic analysis for the possibility of initiating criminal proceedings and investigating crimes subject to qualification as genocide within the framework of the current criminal legislation of the Russian Federation. The role of the International Military Tribunal for War Criminals of the European Axis Countries (Nuremberg Tribunal) in the formulation and subsequent consolidation of the norm of genocide is emphasized. In his research, the author uses such methods as historical, systemic, formal legal, comparative, as well as methods of analysis, deduction and formal logic. The author's special contribution to the consideration of this issue is the study of the historical and philosophical foundations, the moral and ethical side of giving retroactive force to the norms on genocide both from the point of view of international and from the point of view of national criminal law. The main result of the study is the author's conclusion about the possibility of applying the Genocide Convention retrospectively, as well as the need to consolidate in the legislation of the Russian Federation the provision on the need to make the criminal law retroactive in relation to crimes against the peace and security of mankind by amending part 2 of Article 10 of the Criminal Code of the Russian Federation. Expanding the definition of this norm would also simplify criminal procedural activities in the context of initiating criminal cases on these circumstances and their investigation.
Bagandova L.Z. —
Rehabilitation of Nazism in Russian Legislation: Historical and Legal Analysis
// Law and Politics. – 2023. – ¹ 11.
– P. 51 - 61.
DOI: 10.7256/2454-0706.2023.11.68846
URL: https://en.e-notabene.ru/lpmag/article_68846.html
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Abstract: The subject of this study is the prerequisites for the development of the rehabilitation of Nazism on the territory of the Russian Federation after the collapse of the USSR, as well as the issues of regulation of this phenomenon in the history of post-Soviet legislation. The author pays special attention to substantiating the reasons for the appearance of followers of Nazism in Russia and notes that the reason for this was the sharp decline in the political, cultural, moral, economic spheres of society in the 1990s, the lack of due attention to the level of education, which affected the general intellectual and spiritual state of Russian youth. It is noted that attempts to stop the development of Nazism on the territory of the state have been repeatedly made. The novelty of the study lies in the fact that it is a comprehensive analysis of the rehabilitation of Nazism as a deviation, where both historical and legal aspects of such a phenomenon are considered. Explanations of the criminalization of the rehabilitation of Nazism, as well as the problems of the considered corpus delicti, are given. The author claims that the appearance of a new legal norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that make up the objective side of the present corpus delicti, complicates the activities to identify and bring to justice under this norm.