Problems of Countering the Public Demonstration and Dissemination of Fascist and Nazi Symbols (the Legal Aspect)

Abstract

The authors substantiate the thesis that it is necessary to differentiate between the concepts of «fascism» and «Nazism» at the normative level, since this distinction is not only of theoretical, but also of practical importance for the qualification of crimes and other offences of extremist nature. It is noted that, for a person be identified as a neo-Nazi, three key attributes should be simultaneously present — ideology, symbols, practice. Ideology, however, acts as the political determinant of unlawful behavior of neo-Nazis. The analysis of doctrinal sources shows that the ideologies of fascism and Nazism manifest certain differences regarding national and racial issues, which makes it possible to say that they are based not on one, but on two different political platforms. According to the authors, unless the concepts of «fascism» and «Nazism» are differentiated at the normative level, it is not possible to effectively counteract the dissemination and public demonstration of the symbols and paraphernalia used by corresponding political parties, as well as the rehabilitation of Nazism and fascism. At the same time, research results demonstrate that the concepts of «fascism» and «Nazism» are treated as equivalents not only in the dictionaries of the Russian language, but also in specialist legal literature, public conscience, and the legal field, which hinders law enforcement. It is noted that the legislation regulating liability for counteracting extremism treats fascist and Nazi organizations as extremist and subject to prohibition. At the same time, the system of registering extremist organizations in Russia, as well as the procedures of classifying organizations as extremist, determined by normative legal acts, are not free from drawbacks. The authors present some suggestions for improving them. They also examine a number of problematic questions connected with the necessity of further improvements in the system of legal regulation of criminal and administrative liability for the public demonstration and dissemination of fascist and Nazi symbols (paraphernalia).