Сибирский федеральный университет

Тип публикации: статья из журнала

Год издания: 2015

Идентификатор DOI: 10.17150/1996-7756.2015.9(1).94-100

Ключевые слова: Crimes of an extremist orientation, Criminal law, Criminology, Extremism, Genocide

Аннотация: The question of correlation of aspects of genocide and extremism is examined in the article. In particular a comparative analysis of the aspects of genocide and of crimes of an extremist orientation, which allow to differentiate these crimes, takes place. The problem of differentiation of genocide, murder and infliction of serious harm to health committed by extremist motives is examined. А need for their differentiation is due to the similarity of descriptions of the objective side of these crimes in the Criminal Code of Russian Federation. A theoretical correlation of aspects of these crimes according to their corpus delicti is revealed in the article. There are represented the aspects which determine an independent character of the genocide and allow to differentiate it with the crimes of an extremist orientation. The differentiation of these crimes is invited to spend on the object, the form of the acts (active and passive) and their number, purpose of genocide and extremist motive, the form of intent, as well as the legislatively determined age of the subject committing these crimes. The attention is also paid on objective circumstances which allow to distinguish genocide from crimes of an extremist orientation in practice. A high intensity of destruction of national, ethnical, racial or religious groups activities and an objectively existing plan of such destruction can show an intent of the crime, provided by article 357 of Criminal code of Russian Federation. As the result there is made a conclusion that genocide can’t be an occurrence of extremism as such and a crime of an extremist orientation in particular from the position of criminal law. A specific life situation of genocide commitment is analyzed in this article. It can be characterized by habitation of several ethno-religious groups on a certain territory and by existence of hostility and intolerance towards members of these groups in community. Genocide prevention is seen in prevention of ethnical, racial, religious and national hatred and hostility. These measures also stimulate extremism prevention. Therefore, from the position of criminology and in the context of crime prevention genocide can be rated in the same row with extremism. © 2015, Baikal National University of Economics and Law. All Rights Reserved.

Журнал: Criminology Journal of Baikal National University of Economics and Law

Выпуск журнала: Vol. 9, Is. 1

Номера страниц: 94-100

• Барабаш Анатолий Сергеевич (Сибирский федеральный университет)
• Бушмин Сергей Иванович (Сибирский федеральный университет)
• Москалев Георгий Леонидович (Сибирский федеральный университет)

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