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

• Published in: Юридические исследования no. 12; pp. 89 - 96
• Main Author: Bagandova, Leila Zakirovna
• Format: Journal Article
• Language: English
• Published: 01.12.2023
• ISSN: 2409-7136; 2409-7136
• DOI: 10.25136/2409-7136.2023.12.68918

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.