Criminalization of denial of the genocide of the peoples of the USSR as an infringement on historical truth

Abstract

The article is devoted to the problem of the current state and prospects of the criminal legal regulation of the denial of genocide in Russia. The issue is considered in the context of the implementation of the state task of protecting historical truth, enshrined in Part 3 of Article 67.1 of the Constitution of the Russian Federation and other legal acts. Historical truth is socially significant reliable information about historical events related to ensuring the security of Russia, consisting of accurately confirmed historical facts. From 2020 to the present, the genocide of the peoples of the USSR has been established by court decisions in 13 regions of the Russian Federation, which gives information about these events both confirmation and public significance. Analysis of the current criminal law has demonstrated that in its version, denial of the genocide of the peoples of the USSR is not a crime. The discovery of legal and social grounds leads to the conclusion that it is necessary to criminalize the genocide of the peoples of the USSR. The experience of regulating liability for genocide denial in European countries does not allow us to recommend it for reception. The experience of criminalization of such an act in the Republic of Belarus is considered preferable. As an alternative to it, a new version of Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is proposed, providing for responsibility for denying the genocide of the peoples of the USSR.