WAYS TO ENHANCE THE EFFECTIVENESS OF CRIMINAL LAW ENFORCEMENT AGAINST INCITEMENT OF ENMITY AND HATRED IN SOCIETY AND VIOLATION OF CITIZENS' EQUALITY

Abstract

The article examines the issues of criminal law in the fight against incitement of various kinds of enmity and hatred in society and encroachments on the equality of citizens. The author examines the problems of a legislative and law enforcement nature that arise in this area and suggests ways to solve them. In particular, the paper proposes: 1) to change the name of Article 161 of the Criminal Code of Ukraine on “Violation of the equality of man and citizen”, setting it out in the following wording: “1. Direct or indirect restriction of rights or establishment of direct or indirect privileges of a man and citizen on the grounds of race, skin color, political, religious and other beliefs, status, disability, ethnic and social origin, property status, place of residence, language or other persons (including – on the biographical grounds of the person’s parents or family members) – are punishable.. 2. The same actions committed. by an official, against two or more persons or which have caused serious consequences - shall be punished..."; 2) to supplement the Criminal Code of Ukraine with Article 161-1 "Incitement of enmity and hatred", setting it out in the following wording: "1. Incitement of racial, national, regional or religious enmity and hatred, humiliation of national or racial honor and dignity or insult to the feelings of people in connection with their religious beliefs, as well as propaganda of racial, national, regional or religious beliefs or intolerance, - shall be punished... committed repeatedly, by an official, using the media or information and telecommunications network, including the Internet network, - shall be punished... 3. Actions provided for in parts one or two of this article, committed by an organized group or which have caused the death of people or other serious consequences, - shall be punished..."; 3) to qualify cases of causing the death of a person as serious as a result of inciting enmity and hatred only in the presence of a negligent form of guilt on the part of the perpetrator, in other cases, the qualification should follow the totality. 1 or 2 of the proposed article. 161-1 and p. 14 part 2 of article. 115 of the Criminal Code of Ukraine; 4) to prevent conflicts between the norms of the Criminal Code of Ukraine and other regulatory legal acts, to carry out work on eliminating in the last position, which corresponds to the signs of acts provided for by the Criminal Code of Ukraine.

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