The distinction between the motive of religious hatred or enmity and the motive of national hatred or enmity
( Pp. 118-119)

More about authors
Kiyatkina Irina Alexandrovna aspirant. Podrazdelenie: kafedra ugolovnogo prava i kriminologii.
Moscow State University named after M.V.Lomonosov
Abstract:
The motif of religious hatred or enmity is similar to the motive of national hatred or enmity. The similarity of these motives is that it is often impossible to establish belonging, to nationality and religion based on external signs. At the same time, despite some similarity of these motives, these motives are different. The study of criminal cases showed that there are problems in distinguishing the motives of national and religious hatred or enmity. One of the problems is that the court does not establish a specific dominant motive of the crime. Often in the procedural documents indicate several motives together. Another no less important problem is the substitution of the motive of religious hatred or enmity for the motive of national hatred or enmity or vice versa. The proper definition of the motive is not given due consideration.
How to Cite:
Kiyatkina I.A., (2017), THE DISTINCTION BETWEEN THE MOTIVE OF RELIGIOUS HATRED OR ENMITY AND THE MOTIVE OF NATIONAL HATRED OR ENMITY. Gaps in Russian Legislation, 5 => 118-119.
Reference list:
Tolkovyy slovar russkogo yazyka // Pod red. S.I. Ozhegova, N.YU. SHvedovoy.
Sysoev A.M. Prestupleniya ekstremistskoy napravlennosti: istoriya i sovremennost // Rossiyskiy sledovatel . 2008, № 9// SPS Konsul tantPlyus .
O sudebnoy praktike po ugolovnym delam o prestupleniyakh ekstremistskoy napravlennosti: postanovlenie Plenuma Verkhovnogo Suda Rossiyskoy Federatsii ot 28.06.2011 № 11 // Rossiyskaya gazeta: Federal nyy vypusk. 2011. 4 iyulya.
Prigovor № 1-109/2015 ot 05.02.2015.
Prigovor № 1-1/2014 ot 08.05.2014.
Prigovor № 1-195/2013 ot 11.10.2013.
Keywords:
the motive of religious hatred or enmity, the motive of national hatred or enmity, religious hatred, religious strife, a crime committed motivated by religious hatred or hostility.


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