Bagandova L.Z. —
Ensuring peace and security for humanity as a task of the Criminal Code of the Russian Federation
// Law and Politics. – 2025. – ¹ 8.
– P. 19 - 28.
DOI: 10.7256/2454-0706.2025.8.75620
URL: https://en.e-notabene.ru/lpmag/article_75620.html
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Abstract: The article explores the provision of peace and security for humanity as a fundamental task of modern criminal law. The relevance of the topic is determined by the increasing global threats and the need to consolidate the efforts of the international community in combating crimes against peace and security. The aim of the study is to conduct a comprehensive analysis of ensuring peace and security as a criminal law task, including a semantic analysis of the concept and a comparative legal analysis of the tasks of criminal law in Russia and other countries. The work analyzes the role of criminal law in protecting the inalienable values of society and humanity, investigates the mechanisms for preventing and suppressing actions that threaten peace and security. Special attention is given to the comparative analysis of terminology in the legislation of CIS countries, identifying differences in the use of the concepts of "provision," "protection," and "defense." The methodological basis of the research consists of the dialectical method of cognition, as well as general scientific and specific scientific methods: analysis and synthesis, formal-logic, comparative legal, systemic, and other research methods. The scientific novelty of the research lies in the comprehensive approach to analyzing the provision of peace and security as a task of the Criminal Code of the Russian Federation, as well as in identifying the peculiarities of implementing this task in national legislation. The results of the research showed that ensuring peace and security requires a systematic approach that includes both protective and preventive measures. The author analyzed the legislation of foreign countries, particularly the CIS, and found a lack of uniformity in terminology, which highlights the need for further unification of approaches to formulating this task of criminal law. The practical significance of the work lies in the possibility of using the results obtained to improve the theoretical foundations of criminal law, as well as criminal legislation and law enforcement practice in the field of ensuring peace and security for humanity.
Bagandova L.Z. —
Protection of historical memory and historical truth by criminal law: the experience of the Russian Federation
// Police and Investigative Activity. – 2025. – ¹ 4.
– P. 73 - 83.
DOI: 10.25136/2409-7810.2025.4.76030
URL: https://en.e-notabene.ru/pm/article_76030.html
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Abstract: The article examines the problem of criminal legal protection of historical truth and memory in the Russian Federation in modern conditions. The relevance of the research is due to the increasing attempts to falsify historical facts, especially those related to the Great Patriotic War. The scientific novelty of the research lies in an integrated approach to the study of the Russian criminal legislation for the availability of appropriate means to counter these crimes, as well as the development of a system of crimes against the desecration of historical truth. The author analyzes the norms of criminal legislation aimed at countering the distortion of historical events, including articles on the rehabilitation of Nazism and the protection of historical memory. Special attention is paid to the constitutional amendments of 2020, which consolidated the need to protect historical truth at the state level as a constitutional value. The research methodology is based on the application of a systematic, comparative legal and formal legal analysis of the current legislation of the Russian Federation, judicial practice and scientific works in this field. The study shows the effectiveness of existing legal mechanisms and reveals the prospects for their further development to strengthen national identity and preserve historical memory. A special contribution of the author is the analysis of a large number of doctrinal sources and judicial practice materials in order to more accurately reflect the issues under consideration. The author formulated the concepts of "historical memory" and "historical truth", considered the elements of crimes and formed a system of crimes that protect these social relations. The author came to the conclusion that the protection of historical truth and memory is an important component of the national security strategy of the Russian Federation. It promotes the preservation of the historical identity of the people, countering attempts to falsify history, strengthening traditional spiritual and moral values of society and consolidating society based on common historical values.
Bagandova L.Z. —
Particular cruelty as a sign of the elements of the crime provided for in paragraph "d" of part 2 of article 105 of the Criminal Code of the Russian Federation.
// Police and Investigative Activity. – 2025. – ¹ 3.
– P. 191 - 201.
DOI: 10.25136/2409-7810.2025.3.75615
URL: https://en.e-notabene.ru/pm/article_75615.html
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Abstract: The article examines one of the most significant qualifying features of murder – special cruelty, as specified in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation. The author analyzes the content of this feature, revealing the necessity of unity between the actual suffering of the victim and the conscious intention of the offender to cause a torturous death. Historical aspects of the formation of the category of cruelty in domestic criminal law are explored, as well as doctrinal approaches and the position of law enforcement regarding this definition. The author has analyzed case law related to the concept of special cruelty. It is emphasized that the absence of a clear legislative definition of "special cruelty" retains its evaluative characteristics, which requires special care in proving and judicial assessment. The article aims for a deeper understanding of the legal nature of this composition and contributes to ensuring uniformity in the application of criminal law. The scientific novelty of the research is expressed in a new perception of the term, a comprehensive analysis of existing doctrinal developments regarding the concept in question, and the determination of the place of this feature in the structure of the crime. The methodological basis of the research includes the dialectical method of cognition, as well as general scientific and specific scientific methods: analysis and synthesis, formal-logical, comparative-legal, systemic, and other research methods. As a result of the study, the author concluded that special cruelty as a qualifying feature of murder, as provided for in paragraph "d" of part 2 of Article 105 of the Criminal Code of the Russian Federation, occupies an important place in the system of criminal-legal assessment of the most severe crimes against life. Special cruelty is not just an evaluative characteristic but a legally significant feature that requires clear evidentiary understanding. Its correct application contributes to the assurance of legality, the individualization of punishment, and the protection of the rights of both victims and defendants, which ultimately strengthens trust in justice and reflects the human orientation of modern criminal law. In this regard, further study of this feature is an important task for the science of criminal law, as it will facilitate the correct application of criminal law norms.
Bagandova L.Z. —
On the issue of the history of the regulation of the prohibition of the propaganda of aggressive war in international law.
// International Law. – 2025. – ¹ 3.
– P. 100 - 112.
DOI: 10.25136/2644-5514.2025.3.74848
URL: https://en.e-notabene.ru/wl/article_74848.html
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Abstract: The subject of this study is the formation of the international criminal law sector concerning the regulation of provisions on crimes of aggression. The author examines the development and adoption of international documents aimed at criminalizing the propaganda of aggressive war in retrospect, such as the UN Charter, the draft Code of Crimes against Peace and Humanity, etc. The author's significant contribution lies in the comprehensive overview of adopted treaties and resolutions, as well as the analysis of the contentious issues that arose during the adoption of the respective documents. The relevance of this study is underscored by the complex international political and economic situation and the record number of regional conflicts, making the retrospective examination of this issue important for developing more effective measures to counteract crimes of aggression, particularly the propaganda of aggressive wars, to fulfill the task of criminal law in ensuring peace and security for humanity. The scientific novelty of the research lies in the author's comprehensive review of international documents to determine the most effective ways to counteract the propaganda of aggression in the context of the current international situation while reintroducing the term "propaganda of aggressive war" into scientific discourse, as it is absent from the legislation of the Russian Federation and replaced with "public calls for unleashing aggressive war." In conducting this research, the author employed historical, comparative legal methods, as well as analytical, deductive, and inductive methods. As a result of the work carried out, the author concluded that over the past century, there have been many attempts to limit not only aggressive war itself but also its propaganda. To a large extent, the starting point for this was the judgment of the Nuremberg Tribunal; however, efforts to criminalize the act in question were undertaken long before that. Through a comprehensive analysis of international documents, the author also noted that despite the adoption of relevant resolutions, the global community has not reached a consensus on recognizing propaganda of aggressive war, rather than its individual elements (incitement), as an international crime, since the phenomenon of "propaganda" itself encompasses a broader range of actions, many of which do not fall under the relevant norms.
Bagandova L.Z. —
The development of the prohibition of warfare in the religious movements of the Middle Ages
// Law and Politics. – 2025. – ¹ 3.
– P. 112 - 125.
DOI: 10.7256/2454-0706.2025.3.72577
URL: https://en.e-notabene.ru/lpmag/article_72577.html
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Abstract: The subject of this study is the consideration of the prohibition of warfare in various religious movements during the Middle Ages. The author has chosen such confessional movements as Christianity and Islam for analysis. Special attention is devoted to the study of theological literature to substantiate the position on the differences between war and aggression. Thus, the author notes that at all stages of historical development, people sought to limit violence, including such a legalized form of it as war, because violence contradicts the nature of human civilization. At the same time, the religious movements under consideration have always had features that characterize the war as justified and just. The novelty of this study lies in the fact that for the correct interpretation of the term "war" and "aggression" at the present time, as well as determining the evolution of the prohibition of warfare, a comprehensive review of the formation of the institution of war in religious movements of the Middle Ages is conducted by the author using such methods as historical, formal dogmatic, comparative, as well as methods of analysis and induction. The main conclusions of this study are that just war and aggressive war are two opposite concepts that represent an important aspect of international relations and the rule of law. Within the framework of the moral foundations and principles of a just war, there is a certain system for assessing the legality and moral permissibility of military action. An important aspect here is the compliance of the war with certain criteria, such as necessity, proportionality, inadmissibility of violations of human rights and the principles of humanity. All denominations opposed aggressive wars, and paid special attention to the classifications of the causes of wars in order to establish their justice. The author's special contribution to this study is to turn to foreign theological sources, as well as to the philosophy of canon law for a more detailed consideration of the relevant topic.
Bagandova L.Z. —
Planning and preparation of aggressive war as a crime: objective signs
// International Law and International Organizations. – 2025. – ¹ 3.
– P. 1 - 15.
DOI: 10.7256/2454-0633.2025.3.73165
URL: https://en.e-notabene.ru/mpmag/article_73165.html
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Abstract: The subject of this study is the objective signs of planning and preparing an aggressive war (part 1 of Article 353 of the Criminal Code of the Russian Federation). Defining the generic object of the crime under consideration, the author conducts an interdisciplinary study of the concepts of "peace" and "human security". The author emphasizes that the existing concepts of the immediate object in relation to this corpus delicti need to be supplemented. Thus, the main direct object of the crimes provided for in Part 1 of Article 353 of the Criminal Code of the Russian Federation is public relations to ensure peace and peaceful coexistence of states and peoples. Separately, the author examines the planning and preparation of an aggressive war and clarifies their content.
The article raises a controversial issue about the qualification of the actions of sabotage and reconnaissance groups: the author clarifies that there is a competition of actions within the framework of the article. In preparing this study, the author used formal legal, historical, comparative methods, as well as methods of induction, deduction and analysis. The author's special contribution to the present study is the illustration of his conclusions. Thus, the author actively refers to historical examples, in particular, to the facts about the Great Patriotic War, and also analyzes modern realities. An analysis of a number of objective signs of the elements of crimes fixed in Part 1 of Article 353 of the Criminal Code of the Russian Federation led to the conclusion that the content of the acts provided for by the norm is not established in normative acts, and have only doctrinal justifications. Planning and preparation for aggressive war is essentially a stage of preparation for the commission of a crime and includes the commission of such actions as the development of plans, tactical materials and meetings. Preparation for an act of aggression is an action to implement the developed plans. The author also proposed a new definition of "peace", reflecting the essence of this concept for the purposes of applying the norms of Chapter 34 of the Criminal Code of the Russian Federation.
Bagandova L.Z. —
The conduct of aggressive war as a crime against peace and security of humanity under the criminal legislation of the Russian Federation.
// Security Issues. – 2025. – ¹ 3.
– P. 39 - 51.
DOI: 10.25136/2409-7543.2025.3.75752
URL: https://en.e-notabene.ru/nb/article_75752.html
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Abstract: The article examines one of the most severe types of international crimes – the waging of aggressive war, as enshrined in part 2 of Article 353 of the Criminal Code of the Russian Federation. The author analyzes the legal nature of this act, reveals the objective and subjective aspects of the examined crime, as well as the characteristics of the special subject of the crime. It is emphasized that waging aggressive war falls into the category of continuing crimes that infringe upon the fundamental principles of international law – sovereignty, territorial integrity, and the non-use of force in international relations. Special attention is paid to the relationship between planning, unleashing, and conducting aggressive war as independent criminal acts. The relevance of the study is due to the increase in the number of armed conflicts in various regions of the world, accompanied by numerous civilian casualties and widespread destruction; the emergence of new forms of confrontations, and more. In preparing the research, the author utilized formal-legal methods, comparative methods, as well as methods of analysis, synthesis, induction, and deduction. The scientific novelty of this article lies in the comprehensive legal understanding of the institution of waging aggressive war as a crime against peace and security of humanity in the context of Russian criminal legislation, emphasizing its systemic connection with international legal standards and internal law enforcement mechanisms. Unlike traditional approaches that focus predominantly on historical aspects or comparative analysis of international tribunals, the work offers a new interpretation of the objective side of the crime, including criteria for the continuing nature of the act, allowing for more precise differentiation of waging aggressive war from related offenses. In conclusion, it is stated that the inclusion of waging aggressive war in the Criminal Code of the Russian Federation is an important element of the country's implementation of international obligations aimed at preventing military aggression and ensuring international peace and security. It is emphasized that this norm has not only a repressive but also a preventive nature, serving as a legal barrier against the initiation of illegal military actions. The article is of significant interest to specialists in the field of international public law, criminal law, national security, and human rights, and may also be used for educational purposes in training lawyers and civil servants.
Bagandova L.Z. —
Ensuring the peace and security of mankind in international humanitarian law and criminal law of the Russian Federation
// International Law and International Organizations. – 2025. – ¹ 2.
– P. 1 - 18.
DOI: 10.7256/2454-0633.2025.2.73273
URL: https://en.e-notabene.ru/mpmag/article_73273.html
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Abstract: In this study, the author examines in detail the problem of ensuring the peace and security of mankind through the use of the norms of international humanitarian law and criminal law of the Russian Federation. Ensuring the peace and security of mankind as a task of criminal law and an object of criminal law and international legal protection is closely linked to the provisions of international humanitarian law, since the rules of warfare established by it, if violated, threaten the peaceful coexistence of peoples and States. In this regard, it seemed appropriate to the author to consider the history of the development of the protection of peace and security of mankind through the prism of the origin of legislation on war. The author turns to history and, based on historical facts, establishes the periodization of the development and formation of the prohibition of an act of aggression. The author also developed his own concept of "peace" for the purposes of applying Chapter 34 of the Criminal Code of the Russian Federation. In preparing this study, the author used such methods as formal legal, historical, comparative, as well as methods of analysis, induction and deduction. The conducted research allowed us to come to the following conclusions: legislation on ensuring the peace and security of mankind began its formation in the early Middle Ages and reached its peak after the end of World War II; peace is a state in the absence of the use of armed forces of states against the sovereignty, territorial integrity or political independence of each other, or armed organized non–state groups against Russian legislation reflects a number of prohibitions on the commission of crimes against the peace and security of mankind, but the very elements of these crimes are imperfect and need to be improved in terms of consolidating the basic definitions. In this regard, it seems advisable to develop and approve a resolution of the Plenum of the Supreme Court of the Russian Federation or a separate Federal law that would address the main problematic issues that cause difficulties in correctly classifying crimes against the peace and security of mankind.
Bagandova L.Z. —
Public calls for the aggressive war as a crime under Russian law: discussion aspects
// Police and Investigative Activity. – 2025. – ¹ 2.
– P. 107 - 120.
DOI: 10.25136/2409-7810.2025.2.73609
URL: https://en.e-notabene.ru/pm/article_73609.html
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Abstract: The subject of this study is the composition of the crime established in Article 354 of the Criminal Code of the Russian Federation. The author draws attention to the fact that this crime is not new to the criminal legislation of Russia: criminal liability for the propaganda of aggression was already provided for in Soviet legislation, its introduction taking place after the Great Patriotic War. The article presents an examination and analysis of the specified composition of the crime, as well as raises a number of problematic questions, such as the differentiation from the institution of complicity, the distinctions between propaganda and public calls, and the characteristics of qualified compositions. The author separately addresses the issue of qualifying public calls in the information space, including the use of the Internet, as special graphic images – emoji symbols – are becoming widely spread. In preparing the study, the author used formal-legal, historical, comparative methods, as well as methods of analysis, deduction, and induction. The main conclusions of the conducted research are that public calls for unleashing an aggressive war are understood as statements expressed in any form, aimed at inciting the intention to unleash an aggressive war among an indefinite circle of persons. At the same time, the calls must be specific: their form must clearly indicate the actions to which the offender is calling; therefore, emoji symbols without textual accompaniment cannot represent a call to commit anything. The scientific novelty of the work also lies in the fact that the author identified differences in the concepts of "propaganda of aggression" and "public calls for unleashing an aggressive war" to resolve questions about the content of the objective side of the latter. The composition of the crime is formal – the crime is complete from the moment of the public call, regardless of the outcome.
Bagandova L.Z. —
The act of international terrorism as a crime against peace and security of humanity in Russian criminal legislation: problematic aspects and solutions
// Security Issues. – 2025. – ¹ 2.
– P. 1 - 13.
DOI: 10.25136/2409-7543.2025.2.74987
URL: https://en.e-notabene.ru/nb/article_74987.html
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Abstract: The article discusses the problems of qualifying an act of international terrorism as a crime against peace and security of mankind in the context of Russian criminal legislation. Special attention is paid to the analysis of legal norms related to criminal liability for terrorist activities, as well as the legal gaps and contradictions that exist in the domestic legal system. The author examines international and domestic mechanisms for combating terrorism, as well as Russia's role in global anti-terrorist policy. The article emphasizes the need to improve legislation, including enhancing the level of coordination with international organizations, to effectively counter threats to the world order. The problematic aspects identified by the author, such as the ambiguity of certain terms and the lack of clear procedures, as well as proposals for their resolution, represent a significant contribution to the development of the theory and practice of criminal law in the field of combating international terrorism. The research methodology includes the use of formal-legal and comparative methods, as well as methods of analysis, deduction, and induction. The author concludes that there is a necessity to reform the existing criminal legislation of Russia concerning the regulation of liability for "acts of international terrorism." The author also examines existing doctrinal views on the problem of the object of the crime stipulated in Article 361 of the Criminal Code of the Russian Federation and offers a definition of their own. Thus, to achieve more effective criminal law protection and counter threats to national security, it is necessary to amend the disposition of part 1 of Article 361 of the Criminal Code of the Russian Federation regarding the object and location of the crime, as well as to exclude part 2 of Article 361 of the Criminal Code to eliminate contradictions between the General and Special parts of criminal legislation. Following the conducted research, the author also emphasizes that international terrorism can lead to the commission of crimes of aggression, but cannot be equated with them, as the objective side of the latter is more specified in both international treaties and national legislations of individual countries.
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. —
Retroactive criminal law in relation to crimes of aggression: historical and international aspects
// International Law and International Organizations. – 2024. – ¹ 4.
– P. 101 - 110.
DOI: 10.7256/2454-0633.2024.4.72886
URL: https://en.e-notabene.ru/mpmag/article_72886.html
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Abstract: The subject of this research is the planning, preparation, and waging of an aggressive war 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. As examples, the author provides examples of the initiation of criminal proceedings against the crime of genocide as one of the crimes against the peace and security of mankind. Special attention is paid to issues of international law, as well as judicial precedents concerning the consideration of disputes on this issue. 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 rule on crimes of aggression is emphasized. In his research, the author uses such methods as historical, systematic, 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 making genocide norms retroactive from both the point of view of international and national criminal law, as well as the study of the speeches of defenders and prosecutors at the Nuremberg trials on the issue under consideration. The main result of the study is the author's conclusion about 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 rule would also simplify criminal procedural activities in the context of the initiation of criminal cases in these circumstances and their investigation.
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. —
Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement
// Legal Studies. – 2023. – ¹ 12.
– P. 89 - 96.
DOI: 10.25136/2409-7136.2023.12.68918
URL: https://en.e-notabene.ru/lr/article_68918.html
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Abstract: The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal 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 author emphasizes the importance of considering the 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 present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.
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.