Peculiarities of criminal liability for violation of the equality of citizens based on their race, nationality, region, religious beliefs, disability, gender and other grounds under martial law

Abstract

The article highlights the peculiarities of qualification of incitement to national, regional, racial or religious hatred and enmity, humiliation of national honor and dignity, or insulting the feelings of citizens in connection with their religious beliefs, direct or indirect restriction of rights or establishment of direct or indirect privileges of citizens on the basis of race, skin color, political, religious and other beliefs, gender, disability, ethnic and social origin, property status, place of residence, language or other characteristics. The article focuses on the analysis of legislative changes relating to the criminal law regulation of relations arising in connection with the imposition of martial law on the territory of Ukraine as a result of the armed aggression of the Russian Federation on February 24, 2022. The content of the novels related to incitement to regional enmity and hatred is revealed. The provisions of the draft laws on the expediency of a clearer regulation of the concept of region at the legislative level and its harmonization with the administrative-territorial structure enshrined in the Constitution of Ukraine are considered. For the sake of formal clarity of the understanding of incitement to regional hatred, the author proposes to clarify the concept of region in the law. The author analyzes the problematic issues of application of the provisions of Article 161 of the Criminal Code of Ukraine, including with due regard for the conditions of martial law, by investigative and judicial authorities. It is stated that if intentional actions aimed at inciting national, religious hatred, hatred contain justification, recognition as lawful, denial of the armed aggression of the Russian Federation against Ukraine, which began in 2014, including by presenting the armed aggression of the Russian Federation against Ukraine as an internal civil conflict, justification, recognition as lawful, denial of the temporary occupation of part of the territory of Ukraine, they should be qualified under the combination of Articles 161 and 436-2 of the Criminal Code of Ukraine. The author focuses on the peculiarities of qualification of actions under Article 161 of the Criminal Code of Ukraine which entailed grave consequences.