Criminalization of the Nazism: Russian, foreign and international experience

Abstract

In the modern period, the danger of spreading Nazi ideas remains high. The object of the study is social relations arising from the qualification of encroachments related to manifestations of the ideology of Nazism. The subject of the study is the norms of Russian legislation on countering extremist activities. The authors pay special attention to comparative legal analysis, considering the foreign and international experience of legal regulation countering the rehabilitation of Nazism. Extremist activity is a multifaceted concept, and manifestations of the ideology of Nazism, including its approval, the demonstration of Nazi symbols, and the distribution of relevant literature, are only part of it. At the same time, such actions form the ideological basis of extremism, as a result of which they require independent criminalization. Foreign and international experience in this area deserves attention and potential consideration. The methodology of the study is based on the comparative legal method, since it has a comparative orientation. In addition, the authors used a wide range of general scientific methods. The main conclusions are based on the thesis that the legislator recognized the identical public danger of any manifestations of the ideology of Nazism, including those that are not related to aggression and the commission of crimes motivated by hatred or enmity. When improving anti-extremist legislation, it is necessary to take this circumstance into account. The novelty is characterized by the results of the analysis of foreign experience in criminal law regulation and the legal positions of the UN General Assembly, which bring a certain unity to the terminological range necessary for the organization of effective identification and correct qualification of socially dangerous encroachments associated with the spread of Nazi ideology. Extremism is not limited only to manifestations of the ideology of Nazism. Equally, it can be concluded that manifestations of the ideology of Nazism can be isolated taking into account the motive of hatred or enmity. However, in practice, a considerable part of extremist activity is motivated precisely by the approval (overt or veiled) of Nazi ideas, or represents their modernization.