Abstract
The subject of the study is the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation (Rehabilitation of Nazism), and the judicial practice of its application. The purpose of the study was: substantiation of the need to consolidate this article in the Criminal Code of the Russian Federation; identification of problems of qualification of this crime by courts based on judicial practice; proposals for their resolution and delineation from related crimes, development of recommendations for optimizing the legal norm. When writing the article, general, general scientific, private scientific and special research methods were used. Turning to the debatable issue of the need to criminalize this act, the authors cite various points of view regarding the appearance of this article in the Criminal Code of the Russian Federation, note the inherent shortcomings of the legal norm itself. Particular attention is paid to the categorical apparatus of the article, terminology, and delineation of the crime in question from other crimes. The problem of the location of this article in a special part of the Criminal Code of the Russian Federation is considered separately. The main conclusion that the authors came to as a result of the study is the need for this memorial law in the criminal law of the Russian Federation, as one of the factors of ensuring the security of the state. The shortcomings of the legal technique of the article under consideration are revealed, ways of solving them are proposed, the position on the inclusion of Article 354.1 of the Criminal Code of the Russian Federation in Chapter 29 of the Criminal Code of the Russian Federation (Crimes against the foundations of the constitutional system and state security) is substantiated. Practical measures aimed at optimizing the effectiveness of this criminal law norm are proposed.
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